[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: 9CFR381.35]

[Page 435]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
 
   Subpart F--Assignment and Authorities of Program Employees; Appeals
 
Sec. 381.35  Appeal inspections; how made.

    Any person receiving inspection service may, if dissatisfied with 
any decision of an inspector relating to any inspection, file an appeal 
from such decision: Provided, That such appeal is filed within 48 hours 
from the time the decision was made. Any such appeal from a decision of 
an inspector shall be made to his immediate superior having jurisdiction 
over the subject matter of the appeal, and such superior shall determine 
whether the inspector's decision was correct. Review of such appeal 
determination, when requested, shall be made by the immediate superior 
of the employee of the Department making the appeal determination. The 
cost of any such appeal shall be borne by the appellant if the 
Administrator determines that the appeal is frivolous. The charges for 
such frivolous appeal shall be at the rate of $9.28 per hour for the 
time required to make the appeal inspection. The poultry or poultry 
products involved in any appeal shall be identified by U.S. retained 
tags and segregated in a manner approved by the inspector pending 
completion of an appeal inspection.

[48 FR 11419, Mar. 18, 1983, as amended at 60 FR 67456, Dec. 29, 1995]