[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR304.2]

[Page 92-93]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 304--APPLICATION FOR INSPECTION; GRANT OF INSPECTION--Table of Contents
 
Sec. 304.2  Information to be furnished; grant or refusal of inspection.

    (a) FSIS shall give notice in writing to each applicant granted 
inspection and shall specify in the notice the establishment, including 
the limits of the establishment's premises, to which the grant pertains.
    (b) The Administrator is authorized to grant inspection upon his 
determination that the applicant and the establishment are eligible 
therefor and to refuse to grant inspection at any establishment if he 
determines that it does not meet the requirements of this part or the 
regulations in parts 305, 307, and part 416, Secs. 416.1 through 416.6 
of this chapter or that the applicant has not received approval of 
labeling and containers to be used at the establishment as required by 
the regulations in parts 316 and 317. Any application for inspection may 
be refused in accordance with the rules of practice in part 500 of this 
chapter.
    (c)(1) Any applicant for inspection at an establishment where the 
operations thereof may result in any discharge into the navigable waters 
in the United States is required by subsection 21(b) of the Federal 
Water Pollution Control Act, as amended (84 Stat. 91), to provide the 
Administrator with a certification as prescribed in said subsection that 
there is reasonable assurance that such activity will be conducted in a 
manner which will not violate the applicable water quality standards. No 
grant of inspection can be issued after April 3, 1970 (the date of 
enactment of the Water Quality Improvement Act), unless such 
certification has been obtained, or is waived because of failure or 
refusal of the State, interstate agency or the Secretary of the Interior 
to act on a request for certification within a reasonable period (which 
shall not exceed 1 year after receipt of such request).
    (2) However, certification is not initially required in connection 
with an application for inspection granted after April 3, 1970, for 
facilities existing or under construction on April 3, 1970, although 
certification for such facilities is required to be obtained within the 
3-year period immediately following April 3, 1970. Failure to obtain 
such certification and meet the other requirements of subsection 21(b) 
prior to April 3, 1973, will result in the termination of inspection at 
such facilities on that date.

[[Page 93]]


Further, any application for inspection pending on April 3, 1970, and 
granted within 1 year thereafter shall not require certification for 1 
year following the grant of inspection but such grant of inspection 
shall terminate at the end of 1 year after its issuance unless prior 
thereto such certification has been obtained and the other requirements 
of subsection 21(b) are met.

[35 FR 15558, Oct. 3, 1970, as amended at 41 FR 4889, Feb. 3, 1976; 44 
FR 68813, Nov. 30, 1979; 62 FR 45024, Aug. 25, 1997; 64 FR 56415, Oct. 
20, 1999; 64 FR 66545, Nov. 29, 1999; 65 FR 2284, Jan. 14, 2000]