Fruits
Whole raw fruit is a raw agricultural commodity: farm sales are lighter, cut fruit is TCS.
Farm ExemptRACWhole raw fruit
$25kProduce Safety base
SealedScale for weight
NoneAnnual food permit for RACs
What is covered and what needs a different path
What this guide covers
- Whole fresh fruit sold at a farm stand or market
- Fruit sold by the pound on a sealed scale
- Produce from a farm under FSMA qualified exemption
- Fresh apples and berries sold by the box
Needs a different path
- Cut, peeled or sliced fruit (TCS, retail permit)
- Fruit juices and pressed cider (see Beverages)
- Fruit for wholesale without GAP or Produce Safety compliance
- Jam and preserves (see Preserves)
Three compliance steps
A
Know your size
FSMA Produce Safety Rule applies by farm size; very small farms with about $25,000 in produce sales are not covered, and qualified exempt farms must meet modified rules.
B
Sell by weight correctly
Any sale by weight uses a scale sealed by the local sealer of weights and measures.
C
Get the market permit
Farmers markets and farm stands may need a local Board of Health permit; the operator usually handles it.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Whole fruit | Raw agricultural commodity; farm stand exemptions | DPH / local board |
| Produce Safety Rule | Applies by size; exemptions with sales tests | FDA 21 CFR 112 |
| Scales | Annual sealing by local sealer | MA Division of Standards |
| Cut fruit | Retail food permit; TCS | Board of Health |
| Sales tax | Raw produce exempt | MA DOR |
Frequently asked questions
Do I need a license for whole fruit?No state food license for whole raw fruit, but local market or farm stand rules may apply.
What about cut fruit cups?They need a retail food permit and temperature control.
What is the $25,000 line?It is the base value for the very-small-farm exemption under the Produce Safety Rule, adjusted for inflation.
Printable checklist
- Farm size vs FSMA checked
- Scale sealed this year
- Market permit confirmed
- Water source tested
- Recall contact on file
- Labeling for packaged units
- Sales tax exemption on file