[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: 9CFR352.6]



[Page 378-379]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 352_EXOTIC ANIMALS AND HORSES; VOLUNTARY INSPECTION--

Table of Contents

 

                        Subpart A_Exotic Animals

 

Sec. 352.6  Denial or withdrawal of inspection service.



    (a) For miscellaneous reasons. An application or a request for 

service may be rejected, or the benefits of the service may be otherwise 

denied to, or withdrawn from, any person, without a hearing by the 

appropriate Regional Director: (1) for administrative reasons such as 

the nonavailability of personnel to perform the service; (2) for the 

failure of payment for service; (3) in case the application or request 

relates to exotic animals or exotic animal products which are not 

eligible for service under this part; (4) for failure to maintain the 

designated area or the plant in a state of repair approved by the 

Service; (5) for the use of operating procedures which are not in 

accordance with the regulations of this part; (6) for alterations of 

buildings, facilities, or equipment which cannot be approved under the 

regulations in this part. Notice of such rejection, denial, or 

withdrawal, and the reasons therefore, shall promptly be given to the 

person involved. The applicant or recipient shall be notified of such 

decision to reject an application or request for service or to deny or 

withdraw the benefits of the 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. Such decision shall be effective 

upon such oral or written notification, whichever is earlier, to the 

applicant or recipient. If such notification is oral, the person making 

such decision shall confirm such decision, and the reasons therefor, in 

writing, as promptly as circumstances permit, and such written 

confirmation shall be served upon the applicant or recipient in the 

manner prescribed in Sec. 1.147(b) of the rules of practice (7 CFR 

1.147(b)).

    (b) For disciplinary reasons--Basis for denial or withdrawal. An 

application or request for service may be denied, or the benefits of the 

service may be withdrawn from, any person or entity who, or whose 

officer, employee or agent in the scope of his employment or agency: (1) 

Has willfully made any misrepresentation or has committed any other 

fraudulent or deceptive practice in connection with any application or 

request for service under this part; (2) has given or attempted to give, 

as a loan or for any other purpose, any money, favor or other thing of 

value, to any employee or agent of the Department or a cooperating State 

authorized to perform any function under this part; (3) has interfered 

with or obstructed, or attempted to interfere with or to obstruct, any 

employee or agent of the Department or cooperating State in the 

performance of his or her duties under this part by intimidation, 

threats, assaults, abuse, or any other improper means; (4) has knowingly 

represented that any exotic animal carcass, or exotic animal product, 

has been officially inspected and passed by an authorized inspector 

under this part, when it had not, in fact, been so inspected; (5) has 

been convicted of more than one misdemeanor under any law based upon the 

acquiring, handling, or distributing of adulterated, mislabeled, or 

deceptively packaged good, or fraud in connection with transactions in 

food, or any felony; Provided, an application or a request for service 

made in the name of a person or entity otherwise eligible for service 

under the regulations may be denied, or the benefits of the service may 

be withdrawn, from such a person or entity in case the service is or 

would be performed at a location operated by a person or entity, from 

whom the benefits of the service are currently being denied or have been 

withdrawn under this part; or by a person or entity having an officer, 

director, partner, manager or substantial investor from whom the 

benefits of service under this part are currently being denied or have 

been withdrawn under this part, and who has any authority with respect 

to the location where service is or would be performed; or in case the 

service is or would be performed with respect to any exotic animal or 

exotic animal product in which any person or entity, from whom the 

benefits of service are currently being denied or have been withdrawn 

under this part, has contract or other financial interest.

    (c) Procedure. (1) An application or request for service may be 

denied or benefits of the service may be withdrawn by the Secretary, as 

provided by paragraph (b) of this section, after notice and opportunity 

for hearing before a



[[Page 379]]



designated official of the Department. The Administrator may suspend 

service under this paragraph without hearing, pending final 

determination of the matter, when he determines that the public health, 

interest or safety so requires. The applicant or recipient shall be 

notified of the Administrator's decision to suspend service, and the 

reasons therefor, in writing or orally. The Administrator's decision to 

suspend service under this part shall be effective upon such an oral or 

written notification, whichever is earlier, to the applicant or 

recipient. 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 applicant or recipient in the manner prescribed in 1.147(b) of 

Departmental rules of practice (7 CFR 1.147(b)).

    (2) The written notification specified in paragraph (c) of this 

section, which shall constitute the complaint in the proceeding, shall 

briefly set forth the reason for the denial or withdrawal of service, 

including allegations of fact which constitute a basis for the action. 

After the complaint is served upon the respondent, as provided in Sec. 

1.147(b) of Departmental rules of practice (7 CFR 1.147(b)), the 

proceeding shall thereafter be conducted in accordance with rules of 

practice which shall be adopted for the proceeding.



[50 FR 41847, Oct. 16, 1985, as amended at 54 FR 1331, Jan. 13, 1989]