FSMA 204 for fresh herbs and leafy greens: which ones are exempt?

Mostly yes. The exceptions are produce on the “rarely consumed raw” list (such as dill and collards), whole head cabbages, and banana, grape and tree leaves. Fresh herbs and fresh leafy greens are both on the FDA Food Traceability List, so FSMA 204 applies to them. But FDA excludes a few items, and the rule’s own text exempts produce that is “rarely consumed raw.” That is why parsley, cilantro and basil are covered, while dill and collards are not.

On timing: FDA has proposed moving the compliance date from January 20, 2026 to July 20, 2028. Congress also directed FDA not to enforce the rule before that date, and FDA says it intends to comply. Check FDA’s rule page for the current status. New to the rule? Start with FSMA 204 in plain English.

What does FDA’s list say about fresh herbs?

The Food Traceability List says the fresh herbs entry:

• “Includes all types of fresh herbs”
• Gives these examples: “parsley, cilantro, and basil”
• Notes that “Herbs listed in 21 CFR 112.2(a)(1), such as dill, are exempt from the requirements of the rule under 21 CFR 1.1305(e)”

So the default is covered. A herb is out of the list itself only if it appears on the specific “rarely consumed raw” list in the produce safety rule. Other exemptions below can still apply.

What does the list say about leafy greens?

There are two entries: fresh leafy greens, and fresh-cut leafy greens.

For fresh leafy greens, FDA says the entry “Includes all types of fresh leafy greens.” Its examples include arugula, baby leaf, butter lettuce, chard, chicory, endive, escarole, green leaf, iceberg lettuce, kale, red leaf, pak choi/bok choi, romaine, sorrel, spinach and watercress.

It then lists what is not covered:

• Whole head cabbages, “such as green cabbage, red cabbage, or savoy cabbage”
• Banana leaf, grape leaf, and “leaves that are grown on trees”
• Leafy greens listed in the rarely consumed raw list, “such as collards”

For fresh-cut leafy greens, the entry “Includes all types of fresh-cut leafy greens, including single and mixed greens.” A footnote says the “fresh-cut” label does not include previously frozen forms of the food. For more on that side of the business, see our post on fresh-cut produce processors.

What is the “rarely consumed raw” exemption?

21 CFR 1.1305(e) says the traceability subpart “does not apply to produce that is listed as rarely consumed raw in § 112.2(a)(1).” That section of the produce safety rule is a fixed list. It includes, among others, asparagus, several beans, sweet corn, eggplants, ginger, okra, potatoes, pumpkins, winter squash and sweet potatoes.

The items that matter for this post are on that list too: “collards” and “dill (seeds and weed).” Peppermint is also on it.

Two cautions:

• The exemption covers only what the list names. A leafy green or herb that is not named on it stays covered. Do not stretch it to a “similar” crop.
• Read the current text yourself. If your crop is near the line, ask FDA or a food safety professional.

1. 1Herb or leafy green?
2. 2On the rarely-raw list?
3. 3Head cabbage or tree leaf?
4. 4Otherwise covered

Simplified. Check the full list entries and exemptions for your product.

What if the herbs or greens will be processed later?

Other exemptions can apply. Under 21 CFR 1.1305(d), the traceability subpart does not apply to:

• Produce that receives commercial processing that adequately reduces the presence of microorganisms of public health significance, if the conditions in § 112.2(b) are met.
• Food you subject to a kill step, if you keep the receiving records required by § 1.1345 and a record of your application of the kill step.
• Food you change so it is no longer on the Food Traceability List, if you keep the receiving records required by § 1.1345.

For the last two, a written agreement under § 1.1305(d)(6) can remove the requirement to keep those receiving records. Read the full text before you rely on any of these.

These exemptions matter most for a company that sells to a processor.

What do growers and packers record?

If your herb or green is covered, you keep key data elements for each critical tracking event you perform. For a grower, the first is usually harvesting, then cooling and initial packing if you do them. Receiving and shipping apply to anyone who buys or sells the product.

Our produce farm guide covers harvest, cooling and packing in detail, and the key data elements by event post lists the fields. The short version for a mixed farm:

1. Decide, product by product, whether it is covered. Dill and collards are out. Basil and spinach are in.
2. Assign a traceability lot code to each covered lot. Our post on assigning lot codes shows how to keep them clean.
3. Print the lot code on the case or label, and pass it on in the shipping record.
4. Keep the records where you can find them fast.

A mixed crop farm is a good case for care. You may grow collards (exempt) and kale (covered) in the same field. Track them so the lots do not blur together on a pick sheet.

How fast do you have to answer FDA?

Under 21 CFR 1.1455, you must make records available to an authorized FDA representative within 24 hours, or within some reasonable time to which FDA has agreed, after the request. You keep required records for 2 years from the date you created or obtained them.

Herbs and greens are short-lived and move fast. A lot can be picked, packed, shipped and sold within days. That is one reason a binder of paper pick sheets is hard to search under pressure. Our guide to the 24-hour sortable spreadsheet shows how to get ready, and a mock recall is a cheap way to test yourself.

Are there other exemptions that could apply?

Yes. Farm size, direct-to-consumer sales and small retail businesses can all matter, depending on your situation. See FSMA 204 exemptions for the main ones, and check the rule text rather than relying on a summary.

Where Lotcrumb fits

Lotcrumb is being built to read the invoices, bills of lading and case labels a small food company already has, pull out lot codes and key data elements, and assemble the records when someone asks. It is not built yet. Join the waitlist.

This is general information about a federal food safety rule, not legal or regulatory advice. Check the current rule text and FDA guidance, and talk to a qualified food safety or legal professional about your situation.