Similarly, a grower with more than one location should consider the exemption criteria when planning which crops to plant on each property. Or, if a farm business has different types of crops in one general place—for example, grains (which are not covered by the produce rule) and vegetables for farmers’ market sales (which might be covered by the produce rule)—then it may be able to use separate management structures so its operations fit within the produce rule’s qualified exemption. Of course, such considerations will have to be weighed against business needs and practical concerns.
This article has been condensed and modified from a three-part series titled “Legal Tools for Food Hubs” written and published by Lauren Handel; for access to these articles and other food-related blogs, visit the Foscolo & Handel PLLC website at www.foodlawfirm.com.
