The cap is $500k in sales right? Well that's not too hard for a small farm to hit in actuality so the FDA is going to be in everybody's noses.
But here's the solution - do the same thing large corporations sometimes do to avoid regulation. Break up into smaller corporations.
1) Subdivide the land between family members of adult age.
2) Incorporate each piece of land as a separate farming corporation.
3) Manage the finances of each farming corporation either through a common offsite accounting service (preferred) or on separate computers. Keep all monies separate, keep all paperwork separate, establish a common rental service for existing equipment that each corporation pays a rental fee to for continued use. (This rental service is also a separate parcel of land.)
4) Establish a rented farmstand that all farms can sell at for a fee.
It won't work for everybody but it will work for quite a few. And as long as the sales of each farm isn't above 500k the FDA will be unable to do anything without getting several legal proceedings underway.
How's them apples? ;-)
Cross-posted from Dreamwidth ( http://nimitzbrood.dreamwidth.org/219041.html ) but feel free to comment here as well.
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Of course there's no stipulation that it has to be family that holds all the pieces. In fact from a legal defense standpoint it would probably be better if it wasn't family.