[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: 9CFR500.5]

[Page 670]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 500_RULES OF PRACTICE--Table of Contents
 
Sec. 500.5  Notification, appeals, and actions held in abeyance.

    (a) If FSIS takes a withholding action or imposes a suspension, the 
establishment will be notified orally and, as promptly as circumstances 
permit, in writing. The written notification will:
    (1) State the effective date of the action(s),
    (2) Describe the reasons for the action(s),
    (3) Identify the products or processes affected by the action(s),
    (4) Provide the establishment an opportunity to present immediate 
and corrective action and further planned preventive action; and
    (5) Advise the establishment that it may appeal the action as 
provided in Sec. Sec. 306.5 and 381.35 of this chapter.
    (b) The prior notification provided for in Sec. 500.4 of this part 
will:
    (1) State the type of action that FSIS may take;
    (2) Describe the reason for the proposed action;
    (3) Identify the products or processes affected by the proposed 
action;
    (4) Advise the establishment of its right to contact FSIS to contest 
the basis for the proposed action or to explain how compliance has been 
or will be achieved; and
    (5) Advise the establishment that it will have three business days 
from receipt of the written notification to respond to FSIS unless the 
time period is extended by FSIS.
    (c) An establishment may appeal the withholding action or 
suspension, as provided in Sec. Sec. 306.5 and 381.35 of this chapter.
    (d) If FSIS suspends inspection and does not hold the suspension 
action in abeyance as provided in paragraph (e) of this section, the 
establishment may request a hearing pursuant to the Uniform Rules of 
Practice, 7 CFR Subtitle A, part 1, subpart H. Upon such request, the 
Administrator will file a complaint that will include a request for an 
expedited hearing.
    (e) FSIS may hold a suspension in abeyance and allow the 
establishment to operate under the conditions agreed to by FSIS and the 
establishment.