| (a) TOPS may conduct a pre-assessment review to determine
whether a farm is covered by the Produce Safety Rule and/or eligible
for a Qualified Exemption.
(1) A covered farm is eligible for a Qualified Exemption
if it meets the requirements of 21 CFR §112.5.
(2) A covered farm which is eligible for a Qualified
Exemption under 21 CFR §112.5, must establish and maintain adequate
records demonstrating compliance with criteria necessary for Qualified
Exemption as required by 21 CFR §112.7(b).
(3) A covered farm eligible for a Qualified Exemption
is subject to the modified requirements set forth in 21 CFR §112.6,
and this chapter.
(b) Federal law determines whether or not a farm is
subject to the Produce Safety Rule. Failure to permit TOPS to conduct
a pre-assessment review does not exclude a farm from being subject
to this chapter or the Produce Safety Rule.
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