Florida · Direct-to-Consumer Compliance
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Fruits

Fresh whole fruit sold direct by the grower
FARM EXEMPT
Bottom line: Whole, unprocessed fruit sold straight from the grower is generally exempt from FDACS food permitting — the exemption ends the moment the fruit is cut, juiced, or otherwise processed.

The Path

Fresh, whole fruit sold directly by the person who grew it is generally covered by Florida's farm exemption and the FSMA Produce Safety Rule's qualified exemption, which applies to farms under $25,000 in produce sales, or between $25,000 and $500,000 when sales go predominantly direct to consumers or restaurants within Florida or 275 miles. The moment the fruit is cut, sliced into a fruit cup, or otherwise processed, it becomes a time/temperature-control-for-safety food requiring a full FDACS food establishment permit — the farm exemption and cottage food law don't reach that far.

What You Need

  • Sell fruit whole and unprocessed, direct from the grower
  • Qualified-exemption farms selling packaged product: include farm name & address on the label
  • Track sales if approaching the $25,000/$500,000 exemption thresholds

Watch Out For

  • Cutting, slicing, or juicing fruit takes it out of the farm exemption entirely
  • Don't assume a farm exemption covers value-added products like jam — see Preserves

Citations

Agency contact: FDACS Division of Food Safety · 1-800-HELP-FLA (435-7352)