The Scoop: "Very Small businesses" can apply online for an exemption to specific parts of the FDA Regulation.
If you think you’re a qualified facility, you must attest to the FDA that this is the case. You must submit this before beginning operations or by July 31st of the applicable year if you’re changing your status from “non-qualified facility” to “qualified facility”.
You can do this online or by mail. You must first be registered as a food facility
Your attestation must include the following:
Attestation that your facility meets the provisions for a “Qualified Facility”
Attestation that you’ve identified the potential hazards of your foods and are both implementing controls and monitoring those controls to ensure they are effective.
Attestation that your facility is in compliance with State, local, and federal laws.
If you decide to pursue a qualified facility exemption, remember that you must keep all records to support your attestations. Additionally, starting in 2020, you must also re-submit your attestation every 2 years between October 1st and December 31st.
Looking for more clarity? Check out the source texts below