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Farmers who sell feed such as silage or chopped hay could be impacted by new Food and Drug Administration (FDA) regulations that take effect this year.

Under the 2002 Bioterrorism Act, certain producers are required to register their facilities with the FDA and keep records of feed sales.

"It's basically designed to make sure we can minimize the impact of bioterrorists putting something into the food chain," said Constance Jackson, OFBF vice president of agricultural ecology.

The regulations only apply to farms that process and sell feed products, Jackson said. "If the farm is producing any sort of feed ingredients that are going to be used on-farm, then that farm is exempt."

Jackson said farms that make no substantive changes to feed are also exempt. For example, producers who simply harvest corn and deliver it to an elevator would not be required to register.

On the other hand, a farm that produces and sells silage would have to register because silage is considered a processed product. Post-harvest activities such as the drying and chopping of alfalfa would also subject farms to the regulations.

In addition to registering with FDA, producers selling processed feed must keep records of to whom they sold the product, a description of the feed, the date sold and the quantity.

Jackson noted that all information provided is exempt from the Freedom of Information Act, so it will only be available to the FDA and approved agencies.

Facilities are required to register by June 9 if they have 11 to 500 employees or by Dec. 9 if they have 10 or fewer employees. Jackson encouraged those producers affected by the new rules to register, which she said should be fairly quick and easy.

"If there is a (bioterrorism event) and it's traced back to the farm and that farm is not registered, then the farm could be facing significant penalties," she said.

Registration can be completed via Internet or mail. For more information visit www.fda.gov/furls or call 800-216-7331.

• Grain and oilseed producers who harvest and deliver raw commodities to a grain elevator, feed mill or processor.
• Farms that mix, grind or manufacture feed on-farm to be used by animals on that same farm or another farm under the same ownership.
• Livestock operations whose activities are strictly limited to raising and delivering meat, milk, eggs or fish to processors.
• Hay producers who simply bale hay for sale.

• Farms that produce processed feed such as silage, chopped alfalfa, hulls or mixed/manufactured feed that will be sold to another farm, business or customer not under the same ownership.

(Source: National Grain and Feed Association, American Farm Bureau Federation)