---
kind: "section"
citation: "21 C.F.R. § 112.5"
title: "21"
number: "112.5"
heading: "Which farms are eligible for a qualified exemption and associated modified requirements based on average monetary value of all food sold and direct farm marketing?"
url: "https://uscodex.org/cfr/21/112.5"
---

# §112.5. Which farms are eligible for a qualified exemption and associated modified requirements based on average monetary value of all food sold and direct farm marketing?

- (a) A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:
  - (1) During the previous 3-year period preceding the applicable calendar year, the average annual monetary value of the food (as defined in [§ 112.3](/cfr/21/112.3.md)) the farm sold directly to qualified end-users (as defined in [§ 112.3](/cfr/21/112.3.md)) during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and
  - (2) The average annual monetary value of all food (as defined in [§ 112.3](/cfr/21/112.3.md)) the farm sold during the 3-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation.
- (b) For the purpose of determining whether the average annual monetary value of all food sold during the 3-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, the baseline year for calculating the adjustment for inflation is 2011.

## Notes

### Amendments

[80 FR 74547, Nov. 27, 2015, as amended at 84 FR 12490, Apr. 2, 2019]

### Authority

Authority: 21 U.S.C. 321, 331, 342, 350h, 371; 42 U.S.C. 243, 264, 271.

### Source

Source: 80 FR 74547, Nov. 27, 2015, unless otherwise noted.

### Amendments

[80 FR 74547, Nov. 27, 2015, as amended at 84 FR 12490, Apr. 2, 2019]