
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC467]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 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.

(Pub. L. 85-172, Sec. 18, Aug. 28, 1957, 71 Stat. 448; Pub. L. 90-492, 
Sec. 16, Aug. 18, 1968, 82 Stat. 805.)


                               Amendments

    1968--Par. (a). Pub. L. 90-492 substituted provisions authorizing 
the Secretary to refuse or withdraw inspection services subsequent to a 
hearing determining that the applicant or recipient is unfit to engage 
in any business requiring inspection under this chapter based upon the 
specified considerations, for provisions granting the Secretary 
exclusive jurisdiction within the scope of this chapter and exempting 
poultry and poultry products from the provisions of the Federal Food, 
Drug, and Cosmetic Act, as amended, to the extent of the application or 
the extension thereof of the provisions of this chapter.
    Par. (b). Pub. L. 90-492 substituted provisions granting a hearing, 
upon request by the applicant or recipient, to determine the merits and 
validity of the withdrawal or refusal of inspection services and 
continuing such withdrawal or refusal in effect, unless otherwise 
ordered by the Secretary, for provisions authorizing the Secretary to 
cooperate with other branches of government and with State agencies and 
to conduct examinations, investigations, and inspections through any 
officer or employee of a State commissioned by the Secretary for such 
purpose.
    Par. (c). Pub. L. 90-492 added par. (c).


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section 20 
of Pub. L. 90-492, set out as a note under section 451 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 454, 467c of this title.
