Mississippi direct-to-consumer compliance, guide 10 of 24

Fruits

Whole fresh fruit is a farm product covered by the federal Produce Safety Rule.

Farm Exempt
$25,000average produce sales under the full exclusion
$500,000food sales cap for qualified exemption
275 mileslocal sales radius for qualified end users
Tax freeMS-grown food at certified markets

What is covered

  • Fresh fruit grown by you, sold from the farm or at markets
  • Dried fruit under cottage food (not melons)
  • Jams and preserves meeting 21 CFR 150

Needs a different path

  • Sliced melons (unapproved cottage item)
  • Fruit juice (see Beverages)
  • Imported or out-of-state fruit sold as Mississippi-grown

Three compliance steps

  1. A

    File your exemption

    If your 3-year average produce sales are under $25,000, or you qualify as an exempt farm, apply with MDAC's Produce Safety Division.

  2. B

    Keep sales records

    Record sales for the last three years and show that most sales go to consumers or retailers in Mississippi or within 275 miles.

  3. C

    Sell and collect tax

    At a certified market, Mississippi-grown food is exempt from state sales tax; elsewhere, register with DOR and collect.

Quick reference

ItemRuleRegulator
Full exclusionAverage produce sales under $25,000 (inflation adjusted)FDA / MDAC
Qualified exemptionUnder $500,000 food sales, majority to qualified end users within MS or 275 milesMDAC
Exemption filingMDAC page says annual; renewal form says every 3 years; confirm with MDACMDAC
Certified marketMS-grown or made food exempt from state sales taxMS DOR / MDAC
Non-certified marketSales tax collected unless a separate MS-grown area qualifiesMS DOR
Sliced melonUnapproved cottage itemMSDH

Common questions

Do I need to file if I sell under $25,000?

MDAC asks growers of produce readily eaten raw to complete the exemption application, and keeps records on file.

What is a qualified end user?

A consumer, or a restaurant or retail food establishment in Mississippi or within 275 miles of your farm.

Why does the renewal timing differ?

MDAC's page says annual while its renewal form says 3 years. Ask MDAC which applies to you.

Printable checklist