21 U.S.C. § 467 : US Code - Section 467: Inspection services

Search 21 U.S.C. § 467 : US Code - Section 467: Inspection services

(a) Refusal or withdrawal; hearing; business unfitness based upon
certain convictions; persons responsibly connected with the
business
The Secretary may (for such period, or indefinitely, as he deems
necessary to effectuate the purposes of this chapter) refuse to
provide, or withdraw, inspection service under this chapter with
respect to any establishment if he determines, after opportunity
for a hearing is accorded to the applicant for, or recipient of,
such service, that such applicant or recipient is unfit to engage
in any business requiring inspection upon this chapter because the
applicant or recipient or anyone responsibly connected with the
applicant or recipient, has been convicted, in any Federal or State
court, within the previous ten years of (1) any felony or more than
one misdemeanor under any law based upon the acquiring, handling,
or distributing of adulterated, mislabeled, or deceptively packaged
food or fraud in connection with transactions in food; or (2) any
felony, involving fraud, bribery, extortion, or any other act or
circumstances indicating a lack of the integrity needed for the
conduct of operations affecting the public health. For the purpose
of this paragraph a person shall be deemed to be responsibly
connected with the business if he was a partner, officer, director,
holder, or owner of 10 per centum or more of its voting stock or
employee in a managerial or executive capacity.
(b) Hearing to determine validity of withdrawal or refusal of
inspection services; continuation of withdrawal or refusal
Upon the withdrawal of inspection service from any official
establishment for failure to destroy condemned poultry products as
required under section 455 of this title, or other failure of an
official establishment to comply with the requirements as to
premises, facilities, or equipment, or the operation thereof, as
provided in section 456 of this title, or the refusal of inspection
service to any applicant therefor because of failure to comply with
any requirements under section 456 of this title, the applicant
for, or recipient of, the service shall, upon request, be afforded
opportunity for a hearing with respect to the merits or validity of
such action; but such withdrawal or refusal shall continue in
effect unless otherwise ordered by the Secretary.
(c) Finality and conclusiveness of determination; judicial review;
record
The determination and order of the Secretary when made after
opportunity for hearing, with respect to withdrawal or refusal of
inspection service under this chapter shall be final and conclusive
unless the affected applicant for, or recipient of, inspection
service files application for judicial review within thirty days
after the effective date of such order in the United States Court
of Appeals as provided in section 457 of this title. Judicial
review of any such order shall be upon the record upon which the
determination and order are based. The provisions of section 194 of
title 7 shall be applicable to appeals taken under this section.