Rule 40-10-5-.05 - Notification, Appeals, and Actions Held in Abeyance(1) If Georgia Department of Agriculture, Meat Inspection Section takes a withholding action or imposes a suspension, the establishment will be notified orally and, as promptly as circumstances permit, in writing. The written notification will: (a) State the effective date of the action(s);(b) Describe the reasons for the action(s);(c) Identify the products or processes affected by the action(s);(d) Provide the establishment an opportunity to present immediate corrective action and further planned preventive action; and(e) Advise the establishment that it may appeal the action as provided in 9 CFR 306.5 and 381.35 as amended by this chapter.(2) The prior notification provided for in 40-10-5-.05 of this part will: (a) State the type of action that Georgia Department of Agriculture, Meat Inspection Section may take;(b) Describe the reason for the proposed action;(c) Identify the products or processes affected by the proposed action;(d) Advise the establishment of its right to contact the Georgia Department of Agriculture, Meat Inspection Section to contest the basis for the proposed action or to explain how compliance has been or will be achieved; and(e) Advise the establishment that it will have three business days from receipt of the written notification to respond to Georgia Department of Agriculture, Meat Inspection Section unless the time period is extended by Georgia Department of Agriculture, Meat Inspection Section.(3) An establishment may appeal the withholding action or suspension, as provided in 9 CFR 306.5 and 9 CFR 318.35 as modified by this chapter.(4) If the Georgia Department of Agriculture, Meat Inspection Section suspends inspection and does not hold the suspension action in abeyance as provided in paragraph (5) of this section, the establishment may request a hearing with the Commissioner.(5) The Georgia Department of Agriculture, Meat Inspection Section may hold a suspension in abeyance and allow the establishment to operate under the conditions agreed to by Georgia Department of Agriculture, Meat Inspection Section and the establishment.Ga. Comp. R. & Regs. R. 40-10-5-.05
O.C.G.A. Secs. 26-2-201, 26-2-202, 26-2-204, 26-2-208, 26-2-210, 26-2-214.
Original Rule entitled "Notification, Appeals, and Actions Held in Abeyance" adopted. F. Jan. 17, 2003; eff. Feb. 6, 2003.