As an example, we may receive reports to the Reportable Food Registry under section
417 of the FD&C Act about contamination of a food, and the reports may lead us to
investigate a farm that grew, harvested, packed or held the food. If our investigation
finds conduct or conditions associated with the farm that are material to the safety of the
food that would otherwise be covered produce subject to proposed subparts B through
O of the proposed rule (for example, conduct or conditions that likely led to the
contamination of the food), we would consider withdrawing the qualified exemption
applicable to the farm if doing so would be necessary to protect the public health and
prevent or mitigate a foodborne illness outbreak. Likewise, if during a routine inspection
of a farm to which the qualified exemption applies, we discover conditions and practices
that are likely to lead to contamination of food that would otherwise be covered produce
with microorganisms of public health significance, we would consider withdrawing the
qualified exemption provided to the facility if doing so would be necessary to protect the
public health and prevent or mitigate a foodborne illness outbreak.
