Description
This is a decision tree titled "Part II Qualified Exemption Eligibility," produced by the Maryland Department of Agriculture (its logo appears at the top right). It determines whether a farm is covered by the Produce Safety Rule or eligible for a Qualified Exemption.
The flow begins at a green diamond labeled "Start."
From Start, an arrow leads down to the first decision box: "Does your farm on average (in the previous three years) as per Section 112.5, have more than $33,297 and less than $665,947 annual food* sales? Adjusted for inflation (Based on 2022, 2023, 2024)."
This box has two exits. A "NO higher sales" branch (shown as a red circle) goes down and left to the final red octagon stop node. A "YES" branch (green circle) goes down to the next decision box.
Beside the first question sits a blue circle labeled "Define" that points to an aside box (outside the main flow, in a blue outline) reading: "*Food as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act and includes seeds and beans used to grow sprouts. (f) The term 'food' means (1) articles used for food or drink for man or other animals. (E.g., produce, eggs, dairy, meat, honey, processed or homemade foods (jams, pickled items, baked goods…), beverages, foods/drinks purchased for resale (commercially produce and/or purchased from other farms…), sales of live food animals, and animal feed such as pet milk, hay, silage, grain…)". This aside is a definition and is not part of the decision flow.
The second decision box reads: "Do you sell to Qualified End Users? Qualified End Users include: Farm Stands, Farmers Markets, CSAs, Restaurants and/or Retailers in MD or not more than 275 miles from the farm."
This box has two exits. A "NO" branch (red circle) goes left and then down to the final red octagon stop node. A "YES" branch (green circle) goes down to the next decision box.
The third decision box reads: "Do you sell to Non-Qualified End Users? Non-Qualified End Users include: Wholesale Distributors, Brokers, Produce Auctions, any sales (including Restaurants and/or Retailers) more than 275 miles from the farm."
This box has two exits. A "NO" branch (red circle) goes right and then down to the yellow-outlined Qualified Exemption result box. A "YES" branch (green circle) goes down to the next decision box.
The fourth decision box reads: "Are the majority (≥51%) of total food sales to Qualified End Users (QEU) or Non-Qualified End Users (NQEU)?"
This box has two exits, drawn as two large orange arrows. The left orange arrow reads "More sales (≥51%) to NQEU" and points down-left to the red octagon stop node. The right orange arrow reads "More sales (≥51%) to QEU" and points to the yellow Qualified Exemption result box.
The red octagon (stop sign) terminal node reads: "Your farm IS COVERED by the Produce Safety Rule and subject to the full requirements of 21 CFR Part 112." It is reached from the "NO higher sales" branch of question 1, the "NO" branch of question 2, and the "More sales (≥51%) to NQEU" outcome of question 4.
The yellow-outlined terminal node reads: "You are eligible for a Qualified Exemption under Section 112.5 and must meet the requirements of Section 112.6. Complete the Qualified Exemption form annually as it applies. Documentation must be submitted each year to be eligible. Without documentation on file, it is assumed your operation is fully COVERED by the Produce Safety Rule." It is reached from the "NO" branch of question 3 and the "More sales (≥51%) to QEU" outcome of question 4.
At the bottom center, outside the flow, is a funding disclaimer in small print: "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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