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The agricultural hours of service exemption for produce haulers

Helm PartnersUpdated Oct 30, 2026Sources checked Oct 30, 2026

This guide is general information, not advice on any policy.

Short answer

During planting and harvesting periods that each state sets, 49 CFR 395.1(k) lifts the part 395 hours of service rules for drivers hauling agricultural commodities from the source to a point within 150 air miles. Fresh fruits and vegetables count as non-processed food under 395.2. Frozen, canned, jarred or dried food does not. Past 150 air miles, the normal rules apply.

In this guide
  • What the exemption covers
  • What counts as an agricultural commodity
  • Where it stops
  • FAQ

What the exemption covers

  • During planting and harvesting periods, as each state sets them, part 395 does not apply to drivers hauling agricultural commodities from the source to a location within a 150 air-mile radius (49 CFR 395.1(k)).
  • It also covers certain farm supply hauls within 150 air miles.

What counts as an agricultural commodity

  • Agricultural commodity includes non-processed food, feed, fiber and livestock (49 CFR 395.2).
  • Non-processed food is food in a raw or natural state, including fresh fruits and vegetables. Cleaning, cooling, trimming, cutting, bagging or packaging for transport still counts.
  • Canned, jarred, frozen or dried food is not non-processed food.

Where it stops

  • Outside the state's planting and harvesting period.
  • Past the 150 air-mile radius from the source.
  • For processed or frozen loads.

Related: the FSMA sanitary transportation rule for reefer carriers, a reefer cargo claim file checklist, reefer trucking in Michigan, Ohio and Indiana.

FAQ

Who sets the planting and harvesting periods?

Each state. Check the state where you operate for its dates.

Does frozen food qualify?

No. The 395.2 definition of non-processed food excludes food changed to extend shelf life, such as canning, jarring, freezing or drying.

Does washing or bagging produce disqualify it?

No. The definition includes produce that is minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging or packaging to make it easier to haul.

What happens past 150 air miles?

The exemption covers the trip within the 150 air-mile radius from the source. Beyond it, the normal hours of service rules apply.

Does it change the FSMA sanitary rule?

No. Hours of service and the FDA sanitary transportation rule are separate. See our FSMA guide.

This guide is general information, not advice on any policy.

Sources