[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301.45-6]

[Page 28]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                           Subpart_Gypsy Moth
 
Sec. 301.45-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Qualified 
certified applicators must enter into compliance agreements, in 
accordance with the definition of qualified certified applicator in 
Sec. 301.45-1. A compliance agreement shall specify safeguards 
necessary to prevent spread of the gypsy moth, such as disinfestation 
practices or application of chemical materials in accordance with the 
treatment manual. Compliance agreement forms may be obtained from the 
Administrator or an inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement, orally or in writing, whenever the 
inspector finds that such person has failed to comply with the 
conditions of the agreement. If the cancellation is oral, the decision 
and the reasons therefore shall be confirmed in writing, as promptly as 
circumstances permit. Any person whose compliance agreement has been 
canceled may appeal the decision in writing to the Administrator within 
ten (10) days after receiving written notification of the cancellation. 
The appeal shall state all of the facts and reasons upon which the 
person relies to show that the compliance agreement was wrongfully 
canceled. The Administrator shall grant or deny the appeal, in writing, 
stating the reasons for such decision, as promptly as circumstances 
permit. If there is a conflict as to any material fact, a hearing shall 
be held to resolve such conflict. Rules of practice concerning such a 
hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]