[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR355.38]

[Page 419-420]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 355_CERTIFIED PRODUCTS FOR DOGS, CATS, AND OTHER CARNIVORA;
INSPECTION, CERTIFICATION, AND IDENTIFICATION AS TO CLASS, QUALITY,
 
Sec. 355.38  Withdrawal of service.

    After opportunity for hearing before a proper official of the 
Department has been accorded the operator of an inspected plant, the 
inspection, certification, and identification provided for in this part 
may be withdrawn from such plant if the operator: (a) Persistently fails 
to comply with any provision of the regulations in this part or of 
instructions or directions issued thereunder; (b) makes any willful 
misrepresentation or engages in any fraudulent or deceptive practice in 
connection with the making of any application for service; (c) violates 
Sec. 355.37; or (d) interferes with or obstructs any program employee 
in the performance of his duties under the regulations in this part by 
intimidation, threats, or other improper means. Pending final 
determination of the matter, the Administrator may suspend such 
inspection, certification, and identification without hearing in cases 
of willfulness or those in which the public health, interest, or safety 
requires such action. The operator of the inspected plant shall be 
notified of the Administrator's decision to suspend such inspection, 
certification or identification 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. The Administrator's decision to 
suspend such inspection, certification or identification service shall 
be effective upon such oral or written notification, whichever is 
earlier, to the operator of the plant. 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 operator of the inspected plant, 
in the manner prescribed in Sec. 1.147(b) of the rules of practice (7 
CFR 1.147(b)). In other cases, prior to the institution of proceedings 
for any withdrawal or suspension, the facts or conduct which may warrant 
such action shall be called to the attention of the operator in writing 
and he shall be given an opportunity to demonstrate or achieve 
compliance with the requirements of the regulations in this part and 
instructions and directions issued thereunder.

[23 FR 10107, Dec. 23, 1958. Redesignated at 30 FR 4195, Mar. 31, 1965, 
and amended at 43 FR 11148, Mar. 17, 1978]

[[Page 420]]

                                 Appeals