FDA Redefines "Farm" For Food-Facility Registration

By Laurel Maloy, contributing writer, Food Online

There has been much confusion over the definition of a “farm.” The new language more-clearly defines the term and will exempt some farms that were previously required to register

The FDA has just released the Guidance document containing the Questions and Answers Regarding Food Facility Registration (Sixth Edition).  This newest document contains only one new question and answer — redefining the term “farm” in light of FSMA’s looming implementation.

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The new question and answer addresses the FDA’s policy for the registration of farms that perform holding and packing activities for farms under different ownership. According to the Federal Register, the document is immediately in effect and results in a “less burdensome policy consistent with the public health.” However, anyone may comment at any time by clicking here. (The title and posted date on this page are incorrect at the time of this writing; however, this is the appropriate forum to address concerns.) The sixth edition was released without prior public comment as the FDA has determined further public comment at this time is not “feasible or appropriate.” 

The previous definition of “farm” says it is a facility that grows crops and raises animals, including seafood. Within the current definition, a facility that also holds and packs raw, agricultural commodities grown on a separate farm, owned by someone else, would be required to register with the FDA as a food facility. The revised language will define a “farm” as one devoted to growing crops and/or raising animals, even if it holds and packs raw commodities produced on a separately-owned farm.  The FDA has stated it does not intend to make the enforcement for registration of these enterprises a priority until such time as the final FSMA rules are complete. As FSMA rules are finalized with all of the questions, answers, definitions, and terms defined consistently in regard to this issue, the FDA will begin active enforcement.

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Be aware that biennial registration is in effect for those required to register. During even numbered years, registration must be accomplished between October 1 and December 31. This is true even if you are a new facility that has already completed registration prior to October 1, 2014. In the future, it is expected that there will be an abbreviated, biennial renewal process for those establishments without any informational changes from the previous registration. Renewal this year is critical and the FDA will be watching closely. Failure to register is a prohibited act under section 301(dd) of the Federal Food, Drug and Cosmetic Act (FD&C Act) and will be enforced aggressively by FDA staff.