{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5147.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5147.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5147.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5147.html"}],"law_id":60454,"edition_id":1,"section_id":60454,"structure_id":13188,"section_number":"3.2-5147","catch_line":"(For expiration date, see Editor’s notes) Covered farm; exemption","history":"2017, c. 574.","full_text":"A\n\nExcept as provided in subsection B, a farm, as defined in 21 C.F.R § 112.3(c), or farm mixed-type facility, as defined in 21 C.F.R § 112.3(c), with an average annual monetary value of produce, as defined in 21 C.F.R. § 112.3(c), sold during the previous three-year period of more than $25,000 on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculating the adjustment, is a “covered farm” as used in this chapter, unless the context requires a different meaning. A covered farm shall comply with all applicable requirements of 21 C.F.R Part 21, this chapter, or any provision of a regulation of the Board adopted pursuant to § 3.2-5148 when conducting a covered activity, as defined in 21 C.F.R § 112.3(c), on covered produce.B\n\nA farm is not subject to this chapter if it satisfies the requirements in 21 C.F.R. § 112.5, and the U.S. Food and Drug Administration has not withdrawn the farm’s exemption in accordance with the requirements of 21 C.F.R. § 112 Subpart R.C\n\nA farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:1\n\nDuring the previous three-year period preceding the applicable calendar year, the average annual monetary value of the food, as defined in 21 C.F.R § 112.3(c), the farm sold directly to qualified end-users, as defined in 21 C.F.R. § 112.3(c), during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and2\n\nThe average annual monetary value of all food, as defined in 21 C.F.R. § 112.3(c), the farm sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, using 2011 as the baseline year for calculating the adjustment for inflation.D\n\nIf a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the requirements of 21 C.F.R. § 112 Subparts A, O, Q, and R.E\n\nIf a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the modified requirements established in 21 C.F.R. § 112.6(b).","order_by":null,"text":{"0":{"id":221044,"text":"Except as provided in subsection B, a farm, as defined in 21 C.F.R § 112.3(c), or farm mixed-type facility, as defined in 21 C.F.R § 112.3(c), with an average annual monetary value of produce, as defined in 21 C.F.R. § 112.3(c), sold during the previous three-year period of more than $25,000 on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculating the adjustment, is a “covered farm” as used in this chapter, unless the context requires a different meaning. A covered farm shall comply with all applicable requirements of 21 C.F.R Part 21, this chapter, or any provision of a regulation of the Board adopted pursuant to § 3.2-5148 when conducting a covered activity, as defined in 21 C.F.R § 112.3(c), on covered produce.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221045,"text":"A farm is not subject to this chapter if it satisfies the requirements in 21 C.F.R. § 112.5, and the U.S. Food and Drug Administration has not withdrawn the farm’s exemption in accordance with the requirements of 21 C.F.R. § 112 Subpart R.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221046,"text":"A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":221047,"text":"During the previous three-year period preceding the applicable calendar year, the average annual monetary value of the food, as defined in 21 C.F.R § 112.3(c), the farm sold directly to qualified end-users, as defined in 21 C.F.R. § 112.3(c), during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":221048,"text":"The average annual monetary value of all food, as defined in 21 C.F.R. § 112.3(c), the farm sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, using 2011 as the baseline year for calculating the adjustment for inflation.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":221049,"text":"If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the requirements of 21 C.F.R. § 112 Subparts A, O, Q, and R.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":221050,"text":"If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the modified requirements established in 21 C.F.R. § 112.6(b).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13188,"edition_id":1,"name":"Produce Safety","identifier":"51.1","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":197355,"object_type":"structure","relational_id":13188,"identifier":"51.1","token":"3.2\/IV\/51.1","url":"\/3.2\/IV\/51.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54203,"structure_id":13188,"section_number":"3.2-5146","catch_line":"(For expiration date, see Editor's notes) Covered produce; exclusion; exemption","url":"\/3.2-5146\/","token":"3.2\/IV\/51.1\/3.2-5146","metadata":false},{"id":60454,"structure_id":13188,"section_number":"3.2-5147","catch_line":"(For expiration date, see Editor's notes) Covered farm; exemption","url":"\/3.2-5147\/","token":"3.2\/IV\/51.1\/3.2-5147","metadata":false},{"id":72130,"structure_id":13188,"section_number":"3.2-5148","catch_line":"(For expiration date, see Editor's notes) Regulations","url":"\/3.2-5148\/","token":"3.2\/IV\/51.1\/3.2-5148","metadata":false},{"id":85363,"structure_id":13188,"section_number":"3.2-5149","catch_line":"(For expiration date, see Editor's notes) Commissioner to have access to certain farms","url":"\/3.2-5149\/","token":"3.2\/IV\/51.1\/3.2-5149","metadata":false},{"id":65195,"structure_id":13188,"section_number":"3.2-5150","catch_line":"(For expiration date, see Editor's notes) Authority to seize covered produce","url":"\/3.2-5150\/","token":"3.2\/IV\/51.1\/3.2-5150","metadata":false},{"id":87264,"structure_id":13188,"section_number":"3.2-5151","catch_line":"(For expiration date, see Editor's notes) Authority to condemn or destroy covered produce","url":"\/3.2-5151\/","token":"3.2\/IV\/51.1\/3.2-5151","metadata":false},{"id":81635,"structure_id":13188,"section_number":"3.2-5152","catch_line":"(For expiration date, see Editor's notes) Proceeding for condemnation or destruction","url":"\/3.2-5152\/","token":"3.2\/IV\/51.1\/3.2-5152","metadata":false},{"id":87013,"structure_id":13188,"section_number":"3.2-5153","catch_line":"(For expiration date, see Editor's notes) Judgment as to covered produce to be condemned or destroyed; 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This law was first created in 2017. The record of its establishment is cataloged in chapter 574<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":72130,"section_number":"3.2-5148","catch_line":"(For expiration date, see Editor's notes) Regulations","order_by":null,"url":"\/3.2-5148\/"}],"permalink":{"id":197361,"object_type":"law","relational_id":60454,"identifier":"3.2-5147","token":"3.2\/IV\/51.1\/3.2-5147","url":"\/3.2-5147\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5147\/","token":"3.2\/IV\/51.1\/3.2-5147","dublin_core":{"Title":"(For expiration date, see Editor’s notes) Covered farm; exemption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5147","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, a farm, as defined in 21 C.F.R § 112.3(c), or farm mixed-type facility, as defined in 21 C.F.R § 112.3(c), with an average annual monetary value of produce, as defined in 21 C.F.R. § 112.3(c), sold during the previous three-year period of more than $25,000 on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculating the adjustment, is a “covered farm” as used in this chapter, unless the context requires a different meaning. A covered farm shall comply with all applicable requirements of 21 C.F.R Part 21, this chapter, or any provision of a regulation of the Board<\/span> adopted pursuant to § 3.2-5148<\/a> when conducting a covered activity, as defined in 21 C.F.R § 112.3(c), on covered produce. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A farm is not subject to this chapter if it satisfies the requirements in 21 C.F.R. § 112.5, and the U.S. Food and Drug Administration has not withdrawn the farm’s exemption in accordance with the requirements of 21 C.F.R. § 112 Subpart R. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> During the previous three-year period preceding the applicable calendar year, the average annual monetary value of the food, as defined in 21 C.F.R § 112.3(c), the farm sold directly to qualified end-users, as defined in 21 C.F.R. § 112.3(c), during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The average annual monetary value of all food, as defined in 21 C.F.R. § 112.3(c), the farm sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, using 2011 as the baseline year for calculating the adjustment for inflation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the requirements of 21 C.F.R. § 112 Subparts A, O, Q, and R. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. § 112.5, the farm is subject to the modified requirements established in 21 C.F.R. § 112.6(b). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR EXPIRATION DATE, SEE EDITOR’S NOTES) COVERED FARM; EXEMPTION (\u00a7\n3.2-5147)\n\nA. Except as provided in subsection B, a farm, as defined in 21 C.F.R §\n112.3(c), or farm mixed-type facility, as defined in 21 C.F.R § 112.3(c),\nwith an average annual monetary value of produce, as defined in 21 C.F.R. §\n112.3(c), sold during the previous three-year period of more than $25,000 on a\nrolling basis, adjusted for inflation using 2011 as the baseline year for\ncalculating the adjustment, is a “covered farm” as used in this\nchapter, unless the context requires a different meaning. A covered farm shall\ncomply with all applicable requirements of 21 C.F.R Part 21, this chapter, or\nany provision of a regulation of the Board adopted pursuant to § 3.2-5148\nwhen conducting a covered activity, as defined in 21 C.F.R § 112.3(c), on\ncovered produce.\n\nB. A farm is not subject to this chapter if it satisfies the requirements in 21\nC.F.R. § 112.5, and the U.S. Food and Drug Administration has not withdrawn\nthe farm’s exemption in accordance with the requirements of 21 C.F.R.\n§ 112 Subpart R.\n\nC. A farm is eligible for a qualified exemption and associated modified\nrequirements in a calendar year if:\n\n 1. During the previous three-year period preceding the applicable calendar\n year, the average annual monetary value of the food, as defined in 21 C.F.R\n § 112.3(c), the farm sold directly to qualified end-users, as defined in\n 21 C.F.R. § 112.3(c), during such period exceeded the average annual\n monetary value of the food the farm sold to all other buyers during that\n period; and\n\n 2. The average annual monetary value of all food, as defined in 21 C.F.R.\n § 112.3(c), the farm sold during the three-year period preceding the\n applicable calendar year was less than $500,000, adjusted for inflation, using\n 2011 as the baseline year for calculating the adjustment for inflation.\n\nD. If a farm is eligible for a qualified exemption in accordance with 21 C.F.R.\n§ 112.5, the farm is subject to the requirements of 21 C.F.R. § 112\nSubparts A, O, Q, and R.\n\nE. If a farm is eligible for a qualified exemption in accordance with 21 C.F.R.\n§ 112.5, the farm is subject to the modified requirements established in 21\nC.F.R. § 112.6(b).\n\nHISTORY: 2017, c. 574.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}