(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.