Food Safety Modernization Act

The Food Safety Modernization Act (FSMA) is the federal food safety law that applies to farms growing fruits and vegetables that may be eaten raw. FSMA is intended to reduce the risk of microbial contamination of fresh produce by shifting focus from responding to contamination to preventing it. It will be administered by the federal Food & Drug Administration (FDA).

2023 Flooding Disaster Resources

For specific questions about how produce crops or fields may be affected by flooding, please contact the NH DAMF Produce Safety Program Team at victoria.m.smith@agr.nh.gov or reach out to UNH Extension at 603-389-6453. Under U.S. law, crops, where the edible portion of the plant has contacted flood waters, are considered adulterated and cannot be sold for human consumption. There is no set timeline for when growers can safely replant after flood waters have receded. Growers should wait 60 days or more to replant crops that are commonly eaten raw with an edible portion of the crop that grows in the ground (such as radishes) or directly on the soil surface (such as lettuce). Typical waiting periods for other crops include 30-60 days. For more information, please review the following resources:

• NH Produce Safety Program – FAQs About Handling Flooded Produce
• Produce Safety Alliance – Food Safety for Flooded Farms
• FDA – Evaluating the Safety of Flood-affected Food Crops for Human Consumption

FSMA consists of seven sets of rules, two of which may be of particular interest to New England producers because of their potential impact on current farm operations.

1. The Produce Safety Rule applies to "farms" or those who grow, harvest, pack or hold covered produce. The rules apply to produce generally eaten raw, i.e. greens, melons, tomatoes, apples, etc. (aka "covered produce" or raw agricultural commodities "RAC's"). They do not apply to produce not eaten raw, i.e. sweet corn, potatoes, pumpkins, etc. Also not covered is produce grown for personal consumption, on farm consumption, or on another farm under the same ownership.
2. The Preventive Controls Rule applies to "facilities" that manufacture, process, pack or hold human food and to operations that buy and resell products grown on other farms. These facilities will need to register with the federal government and comply with regulations outlined in the preventive controls portion of the rule. Facilities are defined in the rules and cover operations that modify or process produce from its original state.

• Am I Affected Flowchart
• UNH Extension FSMA resource page
• Final Rule on Produce Safety
• On-Farm Readiness Reviews Visit Request Form
• What to Expect from a Regulatory Produce Inspection
• New Hampshire Produce Safety Law and Regulations
• AGR 3900 Produce Safety Farm Inspections (Rules)
• New Farm Produce Safety Questionnaire: Information Letter, Questionnaire

• NHDAMF Produce Safety Program Farmer Questionnaire (On-line Version)

FDA Launches New FSMA Landing Page in FDA.gov: Site to help stakeholders more easily access information and resources about the Food Safety Modernization Act and help them comply with the rules.

Qualifed Exemption: A farm is eligible for a qualified exemption from the Food Safety Modernization Act (FSMA) Produce Safety Rule (21 CFR § 112) if the farm’s annual food sales are less than $500,000, averaged over the previous 3 years and adjusted for inflation AND a majority of these sales are to qualified end-users.

This worksheet was created to facilitate the completion and maintenance of these annual sales records for NH producers.

To support this record, retain all records used to determine calculations for the annual review. This document may be copied. This record is now required to be maintained by all producers who qualify as “exempt” as defined by the Produce Safety Rule. NHDAMF will conduct farm visits to review such records throughout the year. Please contact the Produce Safety Program Planner, Vickie Smith at: victoria.m.smith@agr.nh.gov with any questions.

Annual sales records required by NH Farmers to demonstrate their "qualified exempt" status

Privacy Notice: Your information will assist DAMF in building a produce farm inventory database as part of a cooperative agreement between the DAMF and FDA for the implementation of the Produce Safety Rule under the FSMA. Your information will not be available to the public and will not be shared with the FDA. The exception would be an outbreak of a foodborne illness linked to your farming operation where DAMF and FDA are working together to address public health and safety.

New Hampshire FSMA Program Coordinator

Vickie Smith, Produce Safety Specialist
Tel. 603-848-4781
Email: victoria.m.smith@agr.nh.gov

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**This publication is supported by the Food and Drug Administration (FDA) of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award [FAIN# U2FFD007437] totaling $329,729, with 100 percent funded by FDA/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by FDA/HHS, or the U.S. Government.