[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: 9CFR355.38]



[Page 418]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 355_CERTIFIED PRODUCTS FOR DOGS, CATS, AND OTHER CARNIVORA; 

INSPECTION, CERTIFICATION, AND IDENTIFICATION AS TO CLASS, QUALITY, 

QUANTITY, AND CONDITION--Table of Contents

 

Sec. 355.38  Withdrawal of service.



    After opportunity for hearing before a proper official of the 

Department has been accorded the operator of an inspected plant, the 

inspection, certification, and identification provided for in this part 

may be withdrawn from such plant if the operator: (a) Persist ently 

fails to comply with any provision of the regulations in this part or of 

instructions or directions issued thereunder; (b) makes any willful 

misrepresentation or engages in any fraudulent or deceptive practice in 

connection with the making of any application for service; (c) violates 

Sec. 355.37; or (d) interferes with or obstructs any program employee 

in the performance of his duties under the regulations in this part by 

intimidation, threats, or other improper means. Pending final 

determination of the matter, the Administrator may suspend such 

inspection, certification, and identification without hearing in cases 

of willfulness or those in which the public health, interest, or safety 

requires such action. The operator of the inspected plant shall be 

notified of the Administrator's decision to suspend such inspection, 

certification or identification 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 

suspend such inspection, certification or identification service shall 

be effective upon such oral or written notification, whichever is 

earlier, to the operator of the 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 inspected plant, 

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 any withdrawal or suspension, the facts or conduct which may warrant 

such action shall be called to the attention of the operator in writing 

and he shall be given an opportunity to demonstrate or achieve 

compliance with the requirements of the regulations in this part and 

instructions and directions issued thereunder.



[23 FR 10107, Dec. 23, 1958. Redesignated at 30 FR 4195, Mar. 31, 1965, 

and amended at 43 FR 11148, Mar. 17, 1978]



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