delete PART 112—STANDARDS FOR THE GROWING, HARVESTING, PACKING, AND HOLDING OF PRODUCE FOR HUMAN CONSUMPTION
FDA's Produce Safety Rule establishes federal food safety standards for farms growing, harvesting, packing, or holding fresh fruits and vegetables. It covers nearly all produce with exemptions for rarely-consumed-raw items, very small farms ($250k sales), and farms primarily selling directly to local consumers within 275 miles. Key requirements include agricultural water assessments, soil amendment management, worker hygiene, equipment sanitation, and extensive recordkeeping, with compliance scaled by farm size but still imposing significant bureaucratic burdens across the industry.
This $2 trillion/year regulatory burden imposes disproportionate costs on small farms (30% higher per-employee compliance costs than large corporations), erodes constitutional federalism by federalizing local food safety, and creates barriers to entry that protect incumbent producers. Market mechanisms—liability law, private certifications, insurance, and consumer-driven reputation systems—more efficiently allocate food safety risk without sacrificing liberty, inflating prices, or concentrating power in unelected bureaucrats. The unseen costs include reduced innovation, farm consolidation, and the fundamental loss of a free society where farmers and consumers, not Washington, determine safety standards voluntarily.