
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1047]

 
                        TITLE 21--FOOD AND DRUGS
 
                   CHAPTER 15--EGG PRODUCTS INSPECTION
 
Sec. 1047. Refusal or withdrawal of inspection services; 
        hearing; grounds; person deemed to have responsible connection 
        with business; finality of order of Secretary; judicial review; 
        other provisions for refusal of services unaffected
        
    The Secretary (for such period, or indefinitely, as he deems 
necessary to effectuate the purposes of this chapter) may refuse to 
provide or may withdraw inspection service under this chapter with 
respect to any plant 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 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 section, a person shall be deemed to be 
responsibly connected with the business if he is 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 United States court of appeals for the circuit in which 
such applicant or recipient has its principal place of business or in 
the United States Court of Appeals for the District of Columbia Circuit. 
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.
    This section shall not affect in any way other provisions of this 
chapter for refusal of inspection services.

(Pub. L. 91-597, Sec. 18, Dec. 29, 1970, 84 Stat. 1630.)

                  Section Referred to in Other Sections

    This section is referred to in section 1050 of this title.
