Fact Sheet

Understanding When a Produce Market Intermediary is Subject to FSMA

June 2021   |   Extension Legal Services Initiative
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This fact sheet provides information to assist produce market intermediaries in determining whether they are: (1) facilities that must register with FDA and comply with the Food Safety Modernization Act Preventive Controls for Human Food Rule; (2) secondary activities farms that must comply with the FSMA Produce Safety Rule; or (3) not subject to either FSMA rule.

For references and endnotes, please refer to the PDF version of this document.

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Produce market intermediaries, such as a produce auction, food hub, or broker, may be considered a facility subject to the Food Safety Modernization Act Preventive Controls for Human Food Rule (FSMA PCHF), a secondary activities farm subject to the FSMA Produce Safety Rule (PSR), or a retail food establishment subject to neither FSMA rule. This determination is case specific. This factsheet explores these definitions and relevant considerations to assist intermediaries in determining whether they are: (1) facilities that must register with FDA and comply with the FSMA PCHF; (2) secondary activities farms that must comply with the FSMA PSR; or (3) not subject to either FSMA rule.

Suggested Citation

Understanding When a Produce Market Intermediary is Subject to FSMA, NECAFS & Vt. L. Sch. Ctr. for Agric. & Food Sys. (June 1, 2021), https://elsi.necafs.org/sites/default/files/uploads/Produce%20market%20intermediary%20factsheet.pdf.

Sophia Kruszewski

Former Director, Food and Agriculture Clinic, Center for Agriculture and Food Systems

Sophia Kruszewski JD’13 is the Deputy Policy Director at the National Sustainable Agriculture Coalition (NSAC) and was formerly an assistant professor at Vermont Law School, where she directed the Food and Agriculture Clinic at the Center for Agriculture and Food Systems.

Elizabeth Newbold

Assistant Director, University of Vermont Extension, Northeast Center to Advance Food Safety

Elizabeth Newbold is the Assistant Director for the Northeast Center to Advance Food Safety (NECAFS), one of four USDA funded regional centers tasked with coordinating training, education and outreach related to the FSMA Produce Safety Rule and the FSMA Preventive Controls for Human Foods Rule. Her work focuses on coordination and facilitation of the Northeast regional network to support a national food safety training, education, extension, outreach, and technical assistance system among small and medium-sized producers and small processors.