[Code of Federal Regulations]
[Title 9, Volume 2, Parts 200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR350.6]

[Page 357]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 350--SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS--Table of Contents
 
Sec. 350.6  Denial or withdrawal of service.

    (a) If any person has applied for service for meat or other product 
not eligible therefor under the regulations in this part, or has failed 
to make proper application for service or to pay fees and charges due 
for service furnished or to be furnished to him under the regulations in 
this part, or if the service cannot be furnished to any person applying 
therefor because of lack of available inspectors or other administrative 
reasons, the service may be denied to such person by the Administrator 
until the condition justifying such denial is corrected.
    (b) Service under the regulations in this part may also be denied to 
any person by the Secretary for such period as he may deem proper, if it 
is determined, after opportunity for hearing before a proper official in 
the Department, that such person has been responsible for any willful 
misrepresentation to the Department concerning any meat or other product 
for which service has been requested under the regulations, in this 
part, or that such person has been responsible for the use without 
authority, or the imitation, of any marks or certificates of Federal 
meat inspection on or with respect to any meat or other product, or has 
otherwise been responsible for any fraudulent or deceptive practice with 
respect to such service, or that such person has interfered with or 
obstructed any inspector in the performance of his duties under the 
regulations in this part, or attempted to do so. When the Administrator 
determines that the public interest so requires, he may deny or withdraw 
service provided for in this part, without a hearing, pending final 
determination of the matter. The applicant or recipient of service 
involved shall be notified of the Administrator's decision to deny or 
suspend service and the reasons therefor, in writing, in the manner 
prescribed in Sec. 1.147(b) of the rules of practice (7 CFR 1.147(b)), 
or orally. The Administrator's decision to deny or suspend the service 
shall be effective upon such oral or written notification, whichever is 
earlier, to the applicant or recipient of service. If such notification 
is oral, the Administrator shall confirm such decision and the reasons 
therefor, in writing, as promptly as circumstances permit, and such 
written confirmation shall be served upon the applicant or recipient of 
service, in the manner prescribed in Sec. 1.147(b) of the rules of 
practice (7 CFR 1.147(b)). In other cases prior to the institution of 
proceedings for denial of service under this paragraph, the facts or 
conduct which may warrant such action shall be called to the attention 
of the person involved, in writing, and he shall be given an opportunity 
to demonstrate or achieve compliance with all applicable requirements.

[23 FR 9982, Dec. 23, 1958; 25 FR 9642, Oct. 7, 1960. Redesignated at 30 
FR 4195, Mar. 31, 1965, and 35 FR 15554, Oct. 3, 1970, and amended at 43 
FR 11147, Mar. 17, 1978]