Montana farmers work hard
to keep their food products safe
and flavorful for consumers.
In fact, the United States has
one of the safest food supplies
in the world.
But, outbreaks of foodborne
illnesses
caused by Listeria, Salmonella
and other bacterial pathogens
prompted lawmakers to improve
food safety standards.
In 2010,
the U.S. Congress passed the
Food Safety Modernization Act,
or FSMA, to help reduce
foodborne illness outbreaks.
President Obama signed it
into law in 2011,
and it was placed
under the authority of
the Food and Drug
Administration.
In 2015 the FDA finalized
the rules for FSMA.
Now, Montana must implement
these new food safety rules.
There are seven major rules
of FSMA.
In Montana, one rule especially
affects our produce growers.
This is the Produce Safety Rule.
The goal of this rule
is to keep Montana produce
safe for consumers.
The practices within the rule
are good standards
for all farms to implement,
regardless of size and sales.
However, not all farms are
legally subject to the rule.
So, every farmer wants to know,
"Is my farm subject
to the rule?"
As a farmer, you are either
"covered" by the rule
or you are not.
If you are "covered" by the
rule, you are subject to it.
If you are "exempt" from the
rule, you are not subject to it.
Not all farms are subject
to the rule.
This depends on WHAT you grow,
WHO your buyers are,
the PURPOSE of your produce
and HOW MUCH produce you sell.
You are NOT subject to the rule
IF,
The produce you grow is ONLY for
personal or family consumption.
You are free to grow fruits and
vegetables for your family
without being subject
to the rule.
Also, you are NOT subject to
the rule IF,
Your average annual produce
gross sales
are less than $25,000.
This average is based on
the previous three years
and is adjusted for inflation.
The Montana Department
of Agriculture
has the inflation table
on their food safety webpage.
Please use the table to find out
if you are exempt each year.
Some farms grow produce along
with other food commodities.
If your produce sales
are less than $25,000,
you are fully exempt
from the rule.
Also, some produce is exempt
from the Produce Safety Rule
because it's rarely eaten raw.
Lentils, sugar beets, chickpeas,
potatoes and winter squash
are good examples
of this type of produce.
You can find a full listing
of exempt produce
on the Department of Agriculture
website.
If a certain produce item
is not listed,
assume it's subject
to the rule.
Most food grains are also
not subject to the rule.
This includes grains such as
wheat, barley and field corn.
Again, if a grain is not listed,
assume it is subject
to the rule.
Finally, produce that will be
commercially processed
to reduce microorganisms
are not subject to the rule.
For example,
tomatoes that will be processed
and canned into tomato sauce
are not affected.
Now, if you sell more than
$25,000 in produce each year
you may still be eligible for
a "qualified exemption"
and that's where things can get
a little tricky.
If you fall under
a qualified exemption,
you are subject
to modified requirements,
rather than the full
Produce Safety Rule.
You may fall under
a qualified exemption IF,
the majority of your sales
are "local",
or sold within the same state,
Indian Reservation
or within 275 miles
of your farm;
AND, your farm's average
total annual food sales
are less than $500,000.
Again, this average is based
on the previous three years
and is adjusted for inflation
so utilize the inflation table
on the Department of
Agriculture's website.
Food sales are defined as
articles used for food or drink
for man or other animals
including produce, grain,
hay, meat, dairy, eggs
and processed
or value-added foods.
You must answer "yes"
to both of these points
in order to be eligible
for a qualified exemption.
In Montana,
we have distributors who may
purchase your produce locally,
but then they sell your produce
to consumers in other states.
These distributors are NOT
considered a local market,
and they do not meet
the requirements
of the qualified exemption
parameters.
Farms that meet the
qualified exemption requirements
must keep records showing
their eligibility each year.
They must also include
the farm name and address
either on a label, sign, invoice
or at the point of sale.
We understand that this new rule
is a bit confusing
and we want to help you
successfully navigate it.
The Montana Department
of Agriculture
has an interactive tool on their
Food Safety webpage
to help you determine if
the Produce Safety Rule
applies to your farm.
If you determine that you are
subject to the rule,
there are some important
deadlines to be aware of.
If you are a large farm
subject to the rule,
you need to become compliant
as soon as possible,
and you must have your water
requirements completed by 2022.
Small farms must
become compliant by 2019
and water requirements completed
by 2023.
Very small farms must
become compliant by 2020
and water requirements completed
by 2024.
Again, this table is available
on the Montana Department of
Agriculture food safety webpage.
We want you to be successful.
Attending a grower training
is the next step
in fully understanding the new
law and becoming compliant.
Check our website
for the upcoming trainings.
Also,
an On-Farm Readiness Review
is a free and voluntary
educational opportunity
that will allow farms subject to
the Produce Safety Rule
to be better prepared
for a regulatory
produce safety inspection.
This non-regulatory review
gives you the opportunity to
have an industry professional
visit your farm and assess
your implementation
of the Produce Safety Rule.
These reviews are only for
the benefit of the farm
and are NOT used for information
gathering purposes of any kind.
You can learn more about the
On-Farm Readiness Review
by visiting the Montana
Department of Agriculture
food safety webpage.
Again, if at any time you are
unsure
whether or not your farm produce
is subject to the rule,
please contact the
food safety program
of the Montana Department
of Agriculture.
We have tools and guidance
available for you.
We also have materials that can
help you during the next steps
if you are subject
to the Produce Safety Rule.
