VOLUME 13 - 2020-2021 ISSUE 1

13 Ky. J. Equine, Agric. & Nat. Res. L. 1 (2021).

Planting the Seed: A Proposal for a Farm Operation Test Under the FSMA Produce Safety Rule

Article Written By: Sophia Kruszewski & Samuel Ingraham

Congress enacted the Food Safety Modernization Act (“FSMA”) in 2011 and the Produce Safety Rule (“PSR”) in 2015, yet the classification of multiple farm enterprises remains unsettled. Farmers with smaller-scale diversified farms consequently straddle the line between fully covered and qualified exempt under the PSR. In this Article, Sophia Kruszewski & Samuel Ingraham propose a standardized farm operation test that all farmers and PSR regulators could utilize when determining the coverage status of a farm with multiple enterprises.