SECTION 11.40. Right of Entry

(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.

Source Note: The provisions of this §11.40 adopted to be effective September 11, 2019, 44 TexReg 4855