[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR47.9]

[Page 296]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.9  The reply.

    (a) Filing and service. If the answer asserts a counterclaim or a 
set-off, the complaining party, within 20 days after service of the 
answer, may file a reply with the Fruit and Vegetable Programs. A copy 
of the reply shall be served upon the respondent by the Fruit and 
Vegetable Programs as provided in Sec. 47.4.
    (b) Contents. The reply shall be confined strictly to the matters 
alleged in the counterclaim or set-off in the answer. It shall contain a 
precise statement of the facts which constitute the grounds of defense 
to the counterclaim or set-off, and shall specifically admit, deny, or 
explain each of the allegations of the counterclaim or set-off, unless 
the complainant is without knowledge, in which case the reply shall so 
state; or a statement that the complainant admits all of the allegations 
of the counterclaim or set-off; or a statement containing an admission 
of liability in an amount less than that alleged in the counterclaim or 
set-off and a denial of liability for the remaining amount.
    (c) Failure to file reply. Failure to file a reply shall be deemed a 
waiver of hearing on the counterclaim or set-off and an admission of the 
allegations contained in the counterclaim or set-off. If no reply is 
filed, the allegations of the counterclaim or set-off shall be deemed 
admitted.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 174, Jan. 3, 1991; 64 FR 
38106, July 15, 1999]