(a) Right of Entry to Determine Coverage or Verify
Exceptions. TOPS may enter the premises of a farm growing produce
during normal business hours to determine coverage and/or verify exceptions
to the Produce Safety Rule.
(b) Right of Entry to Conduct Inspections. TOPS may
enter all locations or areas of a covered farm or Qualified Exempt
farm during operating hours where there are activities, conditions,
produce, and equipment, or at any other location where covered activities
occur, to conduct inspections.
(c) Egregious Condition. TOPS may enter the premises
of a covered and exempt/or Qualified Exempt farm at any time to conduct
an inspection in response to an egregious condition at all locations
or areas where there are activities, conditions, produce, and equipment,
or at any other location where covered activities occur.
(d) Failure to Comply. Refusal to allow a TOPS inspection,
or interfering with TOPS' ability to perform its duties under this
section, shall result in a violation, as stated in §11.41 of
this chapter, relating to Enforcement and Penalties.
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