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Maryland Department of Agriculture Produce Safety Rule Eligibility and Exemption Flow Chart

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Part I

Does your farm grow, harvest, pack, or hold produce? (fruits, vegetables, microgreens, mushrooms, sprouts, nuts, and herbs) Sections 112.1 and 112.3(c) Complete the Produce Safety Rule Registration Form

Is any of the produce you grow and sell usually consumed raw?

Proceed to Part II

STOP You are not covered by the Produce Safety Rule

Produce that is rarely consumed raw, as listed on the exhaustive list in Section 112.2 is not covered by the Produce Safety Rule (e.g., asparagus, beets, corn, eggplant, okra, potatoes, pumpkins, winter squash)

Complete the Non-Covered Commodities Exemption if you are only growing produce that is on the exhaustive list. Reassess eligibility if new crops are grown.

You are exempt from the Produce Safety Rule. Complete the Sales Value Exemption form annually as it applies

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 U2FFD007444 totaling $1,280,384 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.

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