[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR350.6]

[Page 365-366]
 
                  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

[[Page 366]]

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]