[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: 9CFR354.35]

[Page 379-380]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 354--VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF--Table of Contents
 
Sec. 354.35  Rejection of application.

    Any application for inspection service may be rejected by the 
Administrator:
    (a) Whenever the applicant fails to meet the requirements of the 
regulations prescribing the conditions under which the service is made 
available;
    (b) Whenever the product is owned by or located on the premises of a 
person currently denied the benefits of the Act;
    (c) Where any individual holding office or a responsible position 
with or having a substantial financial interest or share in the 
applicant is currently denied the benefits of the Act or was responsible 
in whole or in part for the current denial of the benefits of the Act to 
any person;

[[Page 380]]

    (d) Where the Administrator determines that the application is an 
attempt on the part of a person currently denied the benefits of the Act 
to obtain inspection service;
    (e) Whenever the applicant, after an initial survey has been made in 
accordance with Sec. 354.34(a), fails to bring the plant, facilities, 
and operating procedures into compliance with the regulations within a 
reasonable period of time; or
    (f) Notwithstanding any prior approval whenever, before inauguration 
of service, the applicant fails to fulfill commitments concerning the 
inauguration of the service. Each such applicant shall be promptly 
notified by registered mail of the reasons for the rejection. A written 
petition for reconsideration of such rejection may be filed by the 
applicant with the Administrator if postmarked or delivered within 10 
days after the receipt of notice of the rejection. Such petition shall 
state specifically the errors alleged to have been made by the 
Administrator in rejecting the application. Within 20 days following the 
receipt of such a petition for reconsideration, the Administrator shall 
approve the application or notify the applicant by registered mail of 
the reasons for the rejection thereof.