[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: 9CFR354.35]



[Page 390]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 354_VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS THEREOF

--Table of Contents

 

Sec. 354.35  Rejection of application.



    Any application for inspection service may be rejected by the 

Administrator:

    (a) Whenever the applicant fails to meet the requirements of the 

regulations prescribing the conditions under which the service is made 

available;

    (b) Whenever the product is owned by or located on the premises of a 

person currently denied the benefits of the Act;

    (c) Where any individual holding office or a responsible position 

with or having a substantial financial interest or share in the 

applicant is currently denied the benefits of the Act or was responsible 

in whole or in part for the current denial of the benefits of the Act to 

any person;

    (d) Where the Administrator determines that the application is an 

attempt on the part of a person currently denied the benefits of the Act 

to obtain inspection service;

    (e) Whenever the applicant, after an initial survey has been made in 

accordance with Sec. 354.34(a), fails to bring the plant, facilities, 

and operating procedures into compliance with the regulations within a 

reasonable period of time; or

    (f) Notwithstanding any prior approval whenever, before inauguration 

of service, the applicant fails to fulfill commitments concerning the 

inauguration of the service. Each such applicant shall be promptly 

notified by registered mail of the reasons for the rejection. A written 

petition for reconsideration of such rejection may be filed by the 

applicant with the Administrator if postmarked or delivered within 10 

days after the receipt of notice of the rejection. Such petition shall 

state specifically the errors alleged to have been made by the 

Administrator in rejecting the application. Within 20 days following the 

receipt of such a petition for reconsideration, the Administrator shall 

approve the application or notify the applicant by registered mail of 

the reasons for the rejection thereof.