21 U.S.C. § 671 : US Code - Section 671: Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions for withdrawal of services unaffected; responsible connection with business; finality of Secretary's actions; judicial review; record

Search 21 U.S.C. § 671 : US Code - Section 671: Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions for withdrawal of services unaffected; responsible connection with business; finality of Secretary's actions; judicial review; record

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 subchapter I of 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 under
subchapter I because the applicant or recipient, or anyone
responsibly connected with the applicant or recipient, has been
convicted, in any Federal or State court, of (1) any felony, or (2)
more than one violation of any law, other than a felony, based upon
the acquiring, handling, or distributing of unwholesome,
mislabeled, or deceptively packaged food or upon fraud in
connection with transactions in food. This section shall not affect
in any way other provisions of this chapter for withdrawal of
inspection services under subchapter I from establishments failing
to maintain sanitary conditions or to destroy condemned carcasses,
parts, meat or meat food products.
For the purpose of this section 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.
The determination and order of the Secretary with respect thereto
under this section 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 appropriate court as provided
in section 674 of this title. Judicial review of any such order
shall be upon the record upon which the determination and order are
based.