The Farm and Ranch Freedom Alliance co-led a national coalition that convinced Congress to include exemptions for small, direct-marketing farms in the Food Safety Modernization Act (FSMA).
We predicted that the FDA would develop rules that were too expensive for small farms, as well as not well-suited to how a small, diversified farm operates. And we were right –government estimates are that the Produce Safety Rule would cost a fully regulated small farm anywhere from $21,000 to $25,000 on average, a burden that would drive most small farms out of business. The rules also create difficult and cumbersome provisions for the use of compost, compost teas, manure, surface water irrigation, and the presence of livestock on the farm. So, protecting the exemption is critical!
Unfortunately, the Texas Department of Agriculture adopted rules that don’t respect the exemption. TDA’s rules require exempt farms to go through a “pre-assessment” and biennial review by TDA, under which the agency claims authority to do on-farm inspections. These inspections are a violation of the farmers’ constitutional rights to be free of unreasonable searches -- and they carry punitive fines. If an exempt farmer does not allow the inspection, TDA can fine the farmer $500for the first day of non-compliance, which balloons to $1,000 on the second day, and $1,500 every day thereafter.
FARFA has brought suit in Texas state court to challenge these rules, as well as provisions that create a vague standard for penalizing farms for “egregious conditions.” The trial court rules in TDA’s favor, and the case is currently on appeal to the Texas Third Circuit Court of Appeals.
More information and legal briefing is available at FARFA Continues Its Lawsuit Against Texas Department of Agriculture - Farm and Ranch Freedom Alliance
