§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

Summary

The Secretary may refuse or stop inspection services for a plant if, after giving the applicant or recipient a chance for a hearing, he finds the person or someone closely connected to the business has been convicted in Federal or State court within the previous ten years of certain crimes. These include felonies or multiple misdemeanors tied to adulterated, mislabeled, or fraudulently handled food, or any felony involving fraud, bribery, extortion, or other acts showing a lack of integrity that could affect public health. A person is considered closely connected if they are a partner, officer, director, owner of 10 percent or more of voting stock, or a managerial or executive employee. The Secretary’s decision is final unless the affected party asks a U.S. Court of Appeals for review within thirty days of the order, either in the circuit where the business is based or in the D.C. Circuit. The court reviews the same record the Secretary used. Section 194 of Title 7 applies to these appeals. This rule does not change other ways inspection services can be refused under the chapter.