330 CMR, § 34.10

Current through Register 1533, October 25, 2024
Section 34.10 - Qualified Exemption
(1) A Covered Farm is eligible for a Qualified Exemption and associated modified requirements in a calendar year if:
(a) During the previous three-year period preceding the applicable calendar year, the average annual monetary value of the Food the Covered Farm sold directly to Qualified End-users during such period exceeded the average annual monetary value of the Food the Covered Farm sold to all other buyers during that period; and
(b) The average annual monetary value of all Food the Farm sold during the three-year period preceding the applicable calendar year was less than $500,000, Adjusted for Inflation.
(2) Qualified Exempt Farms are subject to the requirements of:
(a)330 CMR 34.03;
(b)330 CMR 34.06;
(c)330 CMR 34.07; and
(d)330 CMR 34.09.
(3) In addition to the portions of 330 CMR 34.00et seq. enumerated in 330 CMR 34.10(2), Qualified Exempt Farms are subject to the following modified requirements:
(a) When a Food packaging label is required on Food that would otherwise be Covered Produce under the Federal Food, Drug and Cosmetic Act, the Qualified Exempt Farm shall include prominently and conspicuously on the Food packaging label the name and the complete business address of the Farm where the Produce was grown;
(b) When a Food packaging label is not required on Food that would otherwise be Covered Produce under the Federal Food, Drug and Cosmetic Act, the Qualified Exempt Farm shall prominently and conspicuously display, at the point of purchase, the name and complete business address of the Farm where the Produce was grown, on a label, poster, sign, placard, or documents delivered contemporaneously with the Produce in the normal course of business, or, in the case of Internet sales, in an electronic notice; and
(c) The complete business address required under 330 CMR 34.10(3)(a) and (b) shall include the street address or post office box, city, state, and zip code for domestic farms, and comparable full address information for foreign farms.

330 CMR, § 34.10

Adopted by Mass Register Issue 1457, eff. 11/26/2021.