[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: 9CFR500.5]



[Page 668]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 500_RULES OF PRACTICE--Table of Contents

 

Sec. 500.5  Notification, appeals, and actions held in abeyance.



    (a) If FSIS takes a withholding action or imposes a suspension, the 

establishment will be notified orally and, as promptly as circumstances 

permit, in writing. The written notification will:

    (1) State the effective date of the action(s),

    (2) Describe the reasons for the action(s),

    (3) Identify the products or processes affected by the action(s),

    (4) Provide the establishment an opportunity to present immediate 

and corrective action and further planned preventive action; and

    (5) Advise the establishment that it may appeal the action as 

provided in Sec. Sec. 306.5 and 381.35 of this chapter.

    (b) The prior notification provided for in Sec. 500.4 of this part 

will:

    (1) State the type of action that FSIS may take;

    (2) Describe the reason for the proposed action;

    (3) Identify the products or processes affected by the proposed 

action;

    (4) Advise the establishment of its right to contact FSIS to contest 

the basis for the proposed action or to explain how compliance has been 

or will be achieved; and

    (5) Advise the establishment that it will have three business days 

from receipt of the written notification to respond to FSIS unless the 

time period is extended by FSIS.

    (c) An establishment may appeal the withholding action or 

suspension, as provided in Sec. Sec. 306.5 and 381.35 of this chapter.

    (d) If FSIS suspends inspection and does not hold the suspension 

action in abeyance as provided in paragraph (e) of this section, the 

establishment may request a hearing pursuant to the Uniform Rules of 

Practice, 7 CFR Subtitle A, part 1, subpart H. Upon such request, the 

Administrator will file a complaint that will include a request for an 

expedited hearing.

    (e) FSIS may hold a suspension in abeyance and allow the 

establishment to operate under the conditions agreed to by FSIS and the 

establishment.