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U.S. Code as of:
01/19/04
Section 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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