[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: 9CFR351.20]



[Page 374]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 351_CERTIFICATION OF TECHNICAL ANIMAL FATS FOR EXPORT--Table of 

Contents

 

Sec. 351.20  Withdrawal of service from certified plants.



    (a) After opportunity for hearing has been accorded the operator of 

a certified plant, the certification service, provided for in this part, 

may be withdrawn from such plant in accordance with the applicable rules 

of practice, if it is determined that:

    (1) The operator, or his employee or agent:

    (i) Has made any willful misrepresentation or engaged in any 

fraudulent or deceptive practice in connection with the service;

    (ii) Has interfered with or obstructed any Program employee or other 

inspector in the performance of his duties, under the regulations in 

this part, by intimidation, threats, or other improper means; or

    (iii) Has violated section 203(h) of the Agricultural Marketing Act 

of 1946, as amended (7 U.S.C. 1622(h)), or any regulation in this part; 

or

    (2) Facilities or procedures at the certified plant do not conform 

to the arrangements approved by the Administrator under Sec. 351.5.

    (b) Pending final determination of the matter, the Administrator may 

summarily suspend the certification service at any certified plant when 

he has reason to believe that there is cause for withdrawal of the 

service under paragraph (a). The operator of the certified plant shall 

be notified of the Administrator's decision to suspend summarily the 

certification service at such plant 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 

suspend summarily the certification service shall be effective upon such 

oral or written notification, whichever is earlier, to the operator of 

the certified plant. 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 operator of the certified plant, in the manner 

prescribed in Sec. 1.147(b) of the rules of practice (7 CFR 1.147(b)).

    (c) The rules of practice of the Department of Agriculture in 

subpart H of part I, subtitle A, title 7 of the Code of Federal 

Regulations, are the rules of practice applicable to adjudicatory, 

administrative proceedings under the regulations in this part (9 CFR 

part 351).



[40 FR 58627, Dec. 18, 1975, as amended at 43 FR 11148, Mar. 17, 1978]



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