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§1047. 检查服务的拒绝和撤销;听证会;与企业相关的责任人;农业部最终决议;司法检查;其它不受影响的拒绝服务条款
2011-08-08 13:34  点击:3491
发布单位:FSIS
发布文号:暂无
发布日期:暂无
生效日期:暂无
有效性状态:
废止日期:暂无
备注:该规定内容包括:当申请方或接受方或与其有关系的任何责任人在之前十年之内在任何联邦或州法院认定为有罪,农业部可拒绝向该企业提供或撤回检查服务,与企业相关的责任人可以是合伙人、管理人员、董事、持有人、拥有10%或以上股份的业主或在管理和执行岗位上的雇员。若申请方或接受方在美国法庭命令生效三十日之内不申请司法检查,农业部将针对检查服务的撤销和拒绝作最终决议。

       更多关于美国禽肉检查法的内容,请详见美国农业部食品安全与检查局(FSIS)发布的《蛋类产品检查法案》(PPIA)法规汇总

  §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.

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