[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: 9CFR354.45]



[Page 391]

 

                  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. 354.45  Denial of service.



    (a) The acts or practices set forth in Sec. Sec. 354.46 through 

354.51 or the causing thereof may be deemed sufficient cause, for the 

debarment, by the Secretary, of any person, including any agents, 

officers, subsidiaries, or affiliates of such person, from any or all 

benefits of the Act for a specified period after notice and opportunity 

for hearing has been afforded.

    (b) Whenever the Administrator has reason to believe that any person 

or his employee, agent, or representative has flagrantly or repeatedly 

committed any of the acts or practices specified in Sec. Sec. 354.46 to 

354.51, he may, without hearing, direct that the benefits of the Act be 

denied such person, including any agents, officers, subsidiaries, or 

affiliates of such person, pending investigation and hearing, and shall 

give notice thereof to any such person in the manner prescribed in Sec. 

1.147(b) of the rules of practice (7 CFR 1.147(b)). The Administrator's 

decision to deny the benefits of the Act to any such person, including 

any agents, officers, subsidiaries, or affiliates of such person, shall 

be effective upon service of such notice. A written petition for 

reconsideration of such interim denial may be filed with the 

Administrator by any person so denied the benefits of the Act within 10 

days after notice of the interim denial. Such petition shall state 

specifically the errors alleged to have been made by the Administrator 

in denying the benefits of the Act pending investigation and hearing. 

Within 20 days following the receipt of such petition for 

reconsideration, the Administrator shall reinstate the benefits of the 

Act or notify the petitioner of the reasons for continued interim 

denial.



[41 FR 23702, June 11, 1976, as amended at 43 FR 11148, Mar. 17, 1978]