C.F.R. » Title 21 » CHAPTER I—FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—FOOD FOR HUMAN CONSUMPTION › PART 112—STANDARDS FOR THE GROWING, HARVESTING, PACKING, AND HOLDING OF PRODUCE FOR HUMAN CONSUMPTION › Subpart A—General Provisions

21 C.F.R. § 112.5

Which farms are eligible for a qualified exemption and associated modified requirements based on average monetary value of all food sold and direct farm marketing?

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(a) A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:

(1) During the previous 3-year period preceding the applicable calendar year, the average annual monetary value of the food (as defined in § 112.3) the farm sold directly to qualified end-users (as defined in § 112.3) during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and

(2) The average annual monetary value of all food (as defined in § 112.3) the farm sold during the 3-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation.

(b) For the purpose of determining whether the average annual monetary value of all food sold during the 3-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, the baseline year for calculating the adjustment for inflation is 2011.

[80 FR 74547, Nov. 27, 2015, as amended at 84 FR 12490, Apr. 2, 2019]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Farm & Ranch Freedom All. v. the Texas Dep't of Agric. & Sid Miller, in His Off. Capacity as Comm'r (Tex. App. 2025).
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Farm & Ranch Freedom All. v. the Texas Dep't of Agric. & Sid Miller, in His Off. Capacity as Comm'r (Tex. App. 2025). “See 21 C.F.R. § 112.5 ; see also id. § 112.3 (defining “qualified end-user”).”
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