[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: 9CFR590.160]



[Page 684-685]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

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

                               AGRICULTURE

 

PART 590_INSPECTION OF EGGS AND EGG PRODUCTS 

(EGG PRODUCTS INSPECTION ACT)--Table of Contents

 

Sec. 590.160  Refusal, suspension, or withdrawal of service.



    (a) The Administrator (for such period, or indefinitely, as he deems 

necessary to effectuate the purposes of the Act) may refuse to provide 

or may withdraw inspection service under this part with respect to any 

plant if he determines after opportunity for a hearing (following the 

procedures of 7 CFR, part 1, subpart H) is accorded to the applicant 

for, or recipient of, such service, that such applicant or recipient is 

unfit to engage in any business requiring inspection under the Act or 

this part, because the applicant or recipient or anyone responsibly 

connected with such person has been convicted in any Federal or State 

court, within the previous 10 years, of (1) any felony or more than one 

misdemeanor under any law based upon the acquiring, handling, or 

distributing of adulterated, mislabeled, or deceptively packaged food or 

fraud in connection with transactions in food or (2) any felony, 

involving, fraud, bribery, extortion, or any other act or circumstances 

indicating a lack of the integrity needed for the conduct of operations 

affecting the public health.

    (b) For the purpose of this section, a person shall be deemed to be 

responsibly connected with the business if he is a partner, officer, 

director, holder, or owner of 10 percentum or more of its voting stock, 

or employee in a managerial or executive capacity.

    (c) The determination and order of the Administrator with respect 

thereto under this section shall be final and conclusive unless the 

affected applicant for, or recipient of, inspection service files 

application for judicial review within 30 days after the effective date 

of such order in the U.S. Court of Appeals for the circuit in which such 

applicant or recipient has its principal place of business or in the 

U.S. Court of Appeals for the District of Columbia Circuit. Judicial 

review of any such order shall be upon the record upon which the 

determination and order are based. The provisions of section 204 of the 

Packers and Stockyards Act, 1921, as amended (7 U.S.C. 194) shall be 

applicable to appeals taken under this section. This section shall not 

affect in any way other provisions of the Act or these regulations for 

refusal of inspection services.

    (d) Any applicant for inspection at a plant where the operations 

thereof may result in any discharge into the navigable waters in the 

United States is required by subsection 401(a)(1) (33 U.S.C. 1341) of 

the Clean Water Act as amended (86 Stat. 816, 91 Stat. 1566; 33 U.S.C. 

1251 et seq.), to provide the Administrator with a certification, as 

prescribed in said subsection, that any such discharge will comply with 

the applicable provisions of sections 301, 302, 303, 306, and 307 of the 

Act (33 U.S.C. 1311, 1312, 1313, 1316, and 1317). No grant of inspection 

can be issued unless such certification has been obtained, or is waived, 

because of failure or refusal of the State, interstate agency, or the 

Administrator of the Environmental Protection Agency to act on a request 

for certification within a reasonable period (which shall not exceed 1 

year after receipt of such request). Further, upon receipt of an 

application for inspection and a certification as required by subsection 

401(a)(1) of the Clean Water Act, the Administrator (as defined in Sec. 

590.5) is required by subparagraph (2) of said subsection to notify the 

Administrator of the Environmental Protection Agency for proceedings in 

accordance with that subsection. No grant of inspection can be made 

until the requirements of 401(a) (1) and (2) have been met.

    (e) Inspection may be suspended or revoked and plant approval 

terminated as provided in subsection 401(a) (4) and (5) of the Clean 

Water Act, as amended (33 U.S.C. 1341(a) (4) and (5)).

    (f) Suspension of plant approval and withdrawal of service:



[[Page 685]]



    (1) Any plant approval given pursuant to these regulations may be 

suspended by the Administrator for (i) failure to maintain premises, 

facilities, and equipment in a satisfactory state of repair; (ii) the 

use of operating procedures or practices which are not in accordance 

with the regulations; (iii) the alterations of buildings, facilities, or 

equipment which have not been approved in accordance with the 

regulations; or (iv) assaulting, intimidating, impeding, obstructing, or 

interfering with any person engaged in or on account of the performance 

of his official duties.

    (2) During such period of suspension, no processing of egg products 

for commerce shall be carried on in the official plant. If the plant 

facilities or methods of operation are not brought into compliance 

within a reasonable period of time, to be specified by the 

Administrator, inspection service shall be withdrawn from the official 

plant. Upon withdrawal of inspection service in an official plant, the 

plant approval for processing egg products shall also become terminated.

    (3) The operator shall be notified of the withdrawal action and the 

reasons therefor and afforded an opportunity to present his views 

informally prior to the effective date of such withdrawal, and upon 

written request, he shall be afforded an opportunity for a hearing in 

accordance with the applicable rules of practice (7 CFR, part 1, subpart 

H), with respect to the merits or validity of the withdrawal, but such a 

suspension or other withdrawal shall continue in effect pending the 

outcome of any such hearing unless otherwise ordered by the 

Administrator.

    (4) In any case where inspection service is suspended under this 

paragraph (f) of this section, such service, after appropriate 

corrective action is taken, will be restored immediately, or as soon 

thereafter as an inspector can be made available. In any case where 

inspection service is withdrawn for a specified period under this 

paragraph (f) of this section, the person concerned may, after said 

specified period has expired, apply for inspection service as provided 

in Sec. Sec. 590.140 through 590.146.



[36 FR 9814, May 28, 1971, as amended at 37 FR 6657, Apr. 1, 1972. 

Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138, 

Dec. 26, 1978; 45 FR 23640, Apr. 8, 1980. Redesignated at 46 FR 63203, 

Dec. 31, 1981]