[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR592.150]



[Page 721]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 592_VOLUNTARY INSPECTION OF EGG PRODUCTS--Table of Contents

 

Sec. 592.150  When an application may be rejected.



    (a) Any application for service may be rejected by the 

Administrator:

    (1) Whenever the applicant fails to meet the requirements of the 

regulations in this part prescribing the conditions under which the 

service is made available;

    (2) Whenever the product is owned by or located on the premises of a 

person currently denied the benefits of the Act;

    (3) Where any individual holding office or a responsible position 

with or having a substantial financial interest or share in the 

applicant is currently denied the benefits of the Act or was responsible 

in whole or in part for the current denial of the benefits of the Act to 

any person;

    (4) Where the Administrator determines that the application is an 

attempt on the part of a person currently denied the benefits of the Act 

to obtain service;

    (5) Whenever the applicant, after an initial survey has been made in 

accordance with Part 590, fails to bring the plant, facilities, and 

operating procedures into compliance with the regulations in this part 

within a reasonable period of time;

    (6) Notwithstanding any prior approval whenever, before inauguration 

of service, the applicant fails to fulfill commitments concerning the 

inauguration of the service;

    (7) When it appears that to perform the services specified in this 

part would not be to the best interests of the public welfare or of the 

Government; or

    (8) When it appears to the Administrator that prior commitments of 

the Department necessitate rejection of the application.

    (b) Each such applicant shall be promptly notified by registered 

mail of the reasons for the rejection. A written petition for 

reconsideration of such rejection may be filed by the applicant with the 

Administrator if postmarked or delivered within 10 days after receipt of 

notice of the rejection. Such petition shall state specifically the 

errors alleged to have been made by the Administrator in rejecting the 

application. Within 20 days following the receipt of such a petition for 

reconsideration, the Administrator shall approve the application or 

notify the applicant by registered mail of the reasons for the rejection 

thereof.