[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: 9CFR381.35]



[Page 445]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 381_POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents

 

   Subpart F_Assignment and Authorities of Program Employees; Appeals

 

Sec. 381.35  Appeal inspections; how made.



    Any person receiving inspection service may, if dissatisfied with 

any decision of an inspector relating to any inspection, file an appeal 

from such decision: Provided, That such appeal is filed within 48 hours 

from the time the decision was made. Any such appeal from a decision of 

an inspector shall be made to his immediate superior having jurisdiction 

over the subject matter of the appeal, and such superior shall determine 

whether the inspector's decision was correct. Review of such appeal 

determination, when requested, shall be made by the immediate superior 

of the employee of the Department making the appeal determination. The 

cost of any such appeal shall be borne by the appellant if the 

Administrator determines that the appeal is frivolous. The charges for 

such frivolous appeal shall be at the rate of $9.28 per hour for the 

time required to make the appeal inspection. The poultry or poultry 

products involved in any appeal shall be identified by U.S. retained 

tags and segregated in a manner approved by the inspector pending 

completion of an appeal inspection.



[48 FR 11419, Mar. 18, 1983, as amended at 60 FR 67456, Dec. 29, 1995]