A request for an appeal may be declined when:
(a) The reasons for the appeal are frivolous or not substantial;
(b) The quality or condition of the product has undergone a material change since the inspection covering the product on which an appeal inspection is requested;
(c) The lot relative to which an appeal inspection is requested is not, or cannot be made, accessible for the selection of officially drawn samples;
(d) The lot relative to which an appeal inspection is requested cannot be positively identified by the inspector as the lot from which officially drawn samples were previously inspected; or
(e) There is noncompliance with the regulations in this part. The applicant shall be notified promptly if a request for appeal is declined, as outlined in the SIP Manual.
authority: Sec. 6, 70 Stat. 1122,
16 U.S.C. 742e; secs. 203, 205, 60 Stat. 1087, 1090 as amended;
7 U.S.C. 1622,
1624; Reorganization Plan No. 4 of 1970 (84 Stat. 2090)
source: 89 FR 101504, Dec. 16, 2024, unless otherwise noted.
cite as: 50 CFR 260.21