Inventory of farms; covered farms; information requirements; qualified exemptions

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3-525.03. Inventory of farms; covered farms; information requirements; qualified exemptions

A. The department shall maintain an inventory of farms in this state that are subject to the requirements of this article.

B. A farm having average annual sales during the previous three-year period of twenty-five thousand dollars or more on a rolling basis, adjusted annually according to annual changes in the GDP price deflator as defined in section 41-563, is a covered farm for the purposes of this section.

C. Each covered farm as described in subsection B of this section shall submit information requested by the associate director not later than October 1 of each year. The associate director shall prescribe the manner and form for submission, including electronic submission, requiring only the minimum information considered necessary to accomplish the purposes of this article. A farm shall notify the department within sixty days after a material change to any of the information previously submitted during the year.

D. A farm that does not meet the requirements of subsection B of this section is not a covered farm and is not subject to the requirements of this article.

E. The associate director may issue a qualified exemption from the requirements of this article to a covered farm that satisfies the requirements, terms and conditions prescribed in 21 Code of Federal Regulations section 112.5. To obtain a qualified exemption, a farm that is eligible for a qualified exemption under this subsection must comply with all of the following:

1. Apply for the exemption on a form issued by the associate director.

2. Receive approval for the exemption.

3. Maintain and demonstrate compliance with the requirements prescribed by this article and the rules adopted pursuant to this article.


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