[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR304.2]



[Page 98-99]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 304_APPLICATION FOR INSPECTION; GRANT OF INSPECTION--

Table of Contents

 

Sec. 304.2  Information to be furnished; grant or refusal of inspection.



    (a) FSIS shall give notice in writing to each applicant granted 

inspection and shall specify in the notice the establishment, including 

the limits of the establishment's premises, to which the grant pertains.

    (b) The Administrator is authorized to grant inspection upon his 

determination that the applicant and the establishment are eligible 

therefor and to refuse to grant inspection at any establishment if he 

determines that it does not meet the requirements of this part or the 

regulations in parts 305, 307, and part 416, Sec. Sec. 416.1 through 

416.6 of this chapter or that the applicant has not received approval of 

labeling and containers to be used at the establishment as required by 

the regulations in parts 316 and 317. Any application for



[[Page 99]]



inspection may be refused in accordance with the rules of practice in 

part 500 of this chapter.

    (c)(1) Any applicant for inspection at an establishment where the 

operations thereof may result in any discharge into the navigable waters 

in the United States is required by subsection 21(b) of the Federal 

Water Pollution Control Act, as amended (84 Stat. 91), to provide the 

Administrator with a certification as prescribed in said subsection that 

there is reasonable assurance that such activity will be conducted in a 

manner which will not violate the applicable water quality standards. No 

grant of inspection can be issued after April 3, 1970 (the date of 

enactment of the Water Quality Improvement Act), unless such 

certification has been obtained, or is waived because of failure or 

refusal of the State, interstate agency or the Secretary of the Interior 

to act on a request for certification within a reasonable period (which 

shall not exceed 1 year after receipt of such request).

    (2) However, certification is not initially required in connection 

with an application for inspection granted after April 3, 1970, for 

facilities existing or under construction on April 3, 1970, although 

certification for such facilities is required to be obtained within the 

3-year period immediately following April 3, 1970. Failure to obtain 

such certification and meet the other requirements of subsection 21(b) 

prior to April 3, 1973, will result in the termination of inspection at 

such facilities on that date.



Further, any application for inspection pending on April 3, 1970, and 

granted within 1 year thereafter shall not require certification for 1 

year following the grant of inspection but such grant of inspection 

shall terminate at the end of 1 year after its issuance unless prior 

thereto such certification has been obtained and the other requirements 

of subsection 21(b) are met.



[35 FR 15558, Oct. 3, 1970, as amended at 41 FR 4889, Feb. 3, 1976; 44 

FR 68813, Nov. 30, 1979; 62 FR 45024, Aug. 25, 1997; 64 FR 56415, Oct. 

20, 1999; 64 FR 66545, Nov. 29, 1999; 65 FR 2284, Jan. 14, 2000]