Vegetables

Whole raw vegetables are farm-exempt produce; cut and prepared vegetables are TCS.

Farm Exempt
RACWhole raw produce
$25kProduce Safety base
SealedScale for weight
TCSCut vegetables

What is covered and what needs a different path

What this guide covers

  • Whole fresh vegetables at farm stands or markets
  • Produce sold by weight on a sealed scale
  • Produce from a farm under FSMA qualified exemption
  • Vegetable seedlings (see Plants)

Needs a different path

  • Cut, shredded or washed-ready vegetables
  • Sprouts and microgreens in unrefrigerated trays
  • Pickled vegetables (see Canned Goods)
  • Value-added items without a kitchen license

Three compliance steps

A

Check farm size

FSMA Produce Safety applies by size.

B

Weigh correctly

Use a sealed scale.

C

Sell safely

Keep cold items cold; label packaged units.

Quick reference

ItemRuleRegulator
Whole produceFarm stand and market saleDPH / local board
Produce Safety RuleSize-based; exemptionsFDA 21 CFR 112
ScalesAnnual sealingMA Division of Standards
Cut produceRetail food permitBoard of Health
Sales taxRaw produce exemptMA DOR

Frequently asked questions

Do I need a license for tomatoes?Not for whole raw produce, but check local rules.
What about sprouts?They are high-risk and need a licensed facility.
What is the $25,000 line?The base for the very-small-farm exemption.

Printable checklist

  • FSMA size checked
  • Scale sealed
  • Market permit
  • Water testing
  • Recall contact
  • Labeling
  • Tax exemption