Description
This is a decision tree titled "Part II Qualified Exemption Eligibility" from the Maryland Department of Agriculture. It determines whether a farm is covered by the Produce Safety Rule or eligible for a Qualified Exemption. The Maryland Department of Agriculture logo appears at the top right.
The flow begins at a green diamond labeled "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)."
From this first box there are two branches. A NO branch (a red circle labeled "NO higher sales") on the left leads down to the final octagon outcome. A YES branch (green circle labeled "YES") leads down to the second decision box.
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." From this box, a NO branch (red circle labeled "NO") goes left toward the final octagon outcome. A YES branch (green circle labeled "YES") goes down to the third 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." From this box, a NO branch (red circle labeled "NO") goes right and down to the yellow-outlined Qualified Exemption outcome box. A YES branch (green circle labeled "YES") goes down to the fourth 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 outcomes shown as orange arrows. The left orange arrow, labeled "More sales (≥51%) to NQEU," points to the final octagon (covered) outcome. The right orange arrow, labeled "More sales (≥51%) to QEU," points to the Qualified Exemption outcome box.
The covered outcome is a large red octagon (stop-sign shape) at the bottom left, reading: "Your farm IS COVERED by the Produce Safety Rule and subject to the full requirements of 21 CFR Part 112." This octagon is reached by the "NO higher sales" branch of the first box, the "NO" branch of the second box, and the "More sales (≥51%) to NQEU" arrow of the fourth box.
The Qualified Exemption outcome is a yellow-outlined box at the bottom right, reading: "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." This box is reached by the "NO" branch of the third box and the "More sales (≥51%) to QEU" arrow of the fourth box.
Outside the flow, at the top right, a blue-outlined aside labeled "Define" (in a blue circle) states: "*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…)."
A small footnote at the bottom center, outside the flow, reads: "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."
claude-opus-4-8