| (a) A covered farm shall be required to reaffirm eligibility
for a Qualified Exemption upon its Anniversary Date. Qualified Exemption
determinations for covered farms shall be valid for two years from
the date of verification by TOPS.
(b) TDA will provide notice of the required reaffirmation
and renewal of a Qualified Exemption by sending a Qualified Exemption
Verification Form to the producer's last known address, as reflected
in TDA's records, at least 30 days prior to the Anniversary Date.
(c) Failure to return a Qualified Exemption Verification
Form within 45 days after the Anniversary Date shall result in a required
on-site visit by TOPS to reevaluate exemption, coverage, or eligibility
for a qualified exemption. Failure to return a Qualified Exemption
Verification Form within 60 days of the Anniversary Date shall result
in the presumption by TOPS that the farm is subject to all requirements
of the Produce Safety Rule and this chapter.
(d) TOPS reserves the right to schedule, at any time,
an on-site visit to verify whether a farm is exempt, covered, or eligible
for a Qualified Exemption.
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