Federal Food Safety Modernization Act
This page is dedicated to information about the implementation of the FDA's new regulations under the federal Food Safety Modernization Act (FSMA). For history on the statute and regulations, see the action alerts and updates posted on our federal food safety page.
We created the flowcharts below to help you determine whether or not you are exempt from the FSMA regulations. For those who are not exempt, we have partnered with Texas Organic Farmers and Gardeners Association to conduct compliance workshops during our annual Conference and elsewhere. Check our Events Listing to find out if there is a workshop scheduled near you.
FSMA News & Updates
FARFA Continues Its Lawsuit Against Texas Department of Agriculture
Farm and Ranch Freedom Alliance continues to pursue its lawsuit against the Texas Department of Agriculture (TDA), challenging the agency’s improper and unconstitutional new rule to implement the…
Read MoreProposed FDA rule threatens small farms & food businesses
Updated February 23, 2021 UPDATE: Read FARFA’s comments here. While the public comment period ended on 2/22/2021, we will continue working for badly needed reforms…
Read MoreTell your legislators to protect small farms
Published January 29, 2021 In the midst of the COVID pandemic, the Texas Department of Agriculture (TDA) is insisting on inspecting small produce farms…
Read MoreProduce growers get a break from FDA … but Texas Ag Dept. doubles down
On Friday, the FDA announced that during the COVID-19 public health emergency, it will provide flexibility on the criteria for farms to be “qualified exempt” under…
Read MoreDon’t risk not knowing how FSMA affects your farm! Enforcement has begun.
Do you understand the impact of the Food Safety Modernization Act (FSMA) on YOUR farm? If not, you’re not alone – many farmers don’t. But time has…
Read MoreFARFA files lawsuit against Texas Department of Agriculture
On Friday, Dec. 20, 2019, Farm and Ranch Freedom Alliance filed a lawsuit against the Texas Department of Agriculture (TDA), challenging the agency’s improper and…
Read MoreTexas Begins Enforcement of Produce Safety Rule – Including for Exempt Farmers
The Texas Department of Agriculture (TDA) has published its final rule on how it will implement the federal Produce Safety Rule in Texas, posted online HERE….
Read MoreDon’t let Monsanto decide if its GMOs are “safe” or not
The USDA is proposing rules that would allow chemical companies such as Dow and Bayer/Monsanto to determine the safety of their own genetically engineered plants. These…
Read MoreHelp Rein in the Texas Dept. of Ag.
Senator Hall has filed a bill to rein in the Texas Department of Agriculture’s (TDA’s) overreach, and we need your help to move it forward! 1) The…
Read MoreFARFA’s comments to TDA on FSMA implementation
On July 29, 2019, FARFA sent the following comments to the Texas Department of Agriculture in response to the TDA’s proposed implementation of the federal Food…
Read MoreDo the FSMA rules apply to me?
These flowcharts cover two of the main rules under FSMA: the Produce Safety Rule and the Facilities (HARPC) Rule for Human Food. We are in the process of creating a chart for the Facilities Rule for Animal Food. Remember that FSMA includes other provisions that may impact your farm or food business - these flowcharts cover only the two main rules, not every aspect.
Flowcharts
Start with Part I of each flowchart. If Part I indicates that the rule may apply to you, then go to Part II to learn more.
These flowcharts are not legal advice.
The actual legal requirements that apply to your farm or your food business will depend on the specifics of your operation. We encourage you to consult with an attorney on any questions you may have about your farm or food business.
For Farmers
If you are a farmer, please work through both flowcharts. Some farms may not be subject to either rule, some farms may be subject to just the Produce Safety Rule, and some farms may be subject to both the Produce Safety and the HARPC Rules because of how narrowly FDA defines "farms."
These flow charts only address the applicability of the rule - i.e. whether or not a type of farm or food business is subject to the new regulatory provisions. The Farm and Ranch Freedom Alliance is working on guidance to help farmers and food businesses that are subject to the rules to understand what is required.
Is my farm regulated under the proposed FSMA Produce Safety Rule?
Am I subject to the HARPC Rule?
