(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.

Source Note: The provisions of this §11.21 adopted to be effective September 11, 2019, 44 TexReg 4855