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 Code of Federal Regulations (Last Updated: July 5, 2024)
 Title 21 - Food and Drugs
 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

  § 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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  • § 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?

    (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(c) ) the farm sold directly to qualified end-users (as defined in § 112.3(c) ) 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(c) ) 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]