(a) Covered produce. Covered produce includes produce listed in 21 CFR §112.1.
(b) Produce that is not covered.
  (1) The following produce is "not covered" by the Produce Safety Rule under 21 CFR §112.2(a):
    (A) produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management;
    (B) produce that is not a RAC; and
    (C) produce that is rarely consumed raw, specifically the produce on the following exhaustive list: Asparagus; beans, black; beans, great Northern; beans, kidney; beans, lima; beans, navy; beans, pinto; beets, garden (roots and tops); beets, sugar; cashews; cherries, sour; chickpeas; cocoa beans; coffee beans; collards; corn, sweet; cranberries; dates; dill (seeds and weed); eggplants; figs; ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; squash, winter; sweet potatoes; and water chestnuts.
  (2) A farm which solely produces produce that is "not covered" is not subject to the Produce Safety Rule or this chapter.
  (3) Produce is eligible for exemption from the requirements of this part if the produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance.

Source Note: The provisions of this §11.2 adopted to be effective September 11, 2019, 44 TexReg 4855