An application for an appeal inspection may be refused if:
(a) The reasons for the appeal inspection are frivolous or not substantial;
(b) The quality or condition of the processed product has undergone a material change since the inspection covering the processed product on which the appeal inspection is requested;
(c) The lot in question is not, or cannot be made accessible for the selection of officially drawn samples;
(d) The lot relative to which 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. Such applicant shall be notified promptly of the reason for such refusal.
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: 31 FR 16052, Dec. 15, 1966, unless otherwise noted.
cite as: 50 CFR 260.39