[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR350.6]



[Page 367-368]

 

                  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 368]]



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]