Okla. Admin. Code § 35:37-5-12

Current through Vol. 41, No. 19, June 17, 2024

Section 35:37-5-12 - Suspension or other withdrawal of inspection service

(a) Authorization and Procedures for Suspension or Withdrawal of Inspection Services are:

(1) The Board is authorized to suspend (for such period or indefinitely, as the Board deems necessary to effectuate the purposes of the Act) or otherwise to withdraw, inspection service at an official establishment, for the failure of the operator of the establishment to destroy condemned poultry products as required under 2 O.S. Section 6-256, or for other failure of the operator of the establishment to comply with any requirements as to premises, facilities, or equipment, or the operation thereof, prescribed in the regulations under 2 O.S. Section 6-257 to prevent the distribution under the Act of adulterated poultry products.

(2) The Operator shall be notified of the withdrawal action and the reasons therefore and afforded an opportunity to present his views informally prior to the effective date of such withdrawal, and upon his request he shall be afforded an opportunity for a hearing in accordance with the applicable rules of practice, with respect to the merits or validity of the withdrawal, but such a suspension or other withdrawal shall continue in effect pending the outcome of any such hearing unless otherwise ordered by the Board.

(b) During a period of suspension or other withdrawal, no processing of poultry or poultry products subject to the inspection requirements of the Act shall be carried on in the official establishment. In any case in which inspection service is suspended under this rule, if the establishment premises, facilities and methods of operations are not brought into compliance with the Act and the rules within a reasonable period of time, to be specified by the Board, inspection service may be withdrawn from the official establishment in accordance with the procedure prescribed in this rule.

(c) Inspection service may also be suspended or withdrawn in accordance with 2 O.S. Section 6-267(B). and the applicable rules of practice.

(d) Inspection may be suspended or revoked as provided in Paragraph (5) of Subsection 21(b) of the Federal Water Pollution Control Act, as amended.

(e) A grant of inspection issued without certification under paragraph (7) or (8) of Subsection 21(b) of the Federal Water Pollution Control Act, as amended, will terminate if certification is not subsequently furnished or other requirements are not met, as provided in said paragraphs.

(f) Inspection service may be withheld if the operator of the official establishment or any officer, agent, or employee of the operator or any of its subsidiaries forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any inspection personnel while engaged in or on account of the performance of their official duties under the Act. Such withholding shall continue until the responsible person is removed from the premises or until assurances, acceptable to the Board, are received that there will not be any recurrences of such acts.

Okla. Admin. Code § 35:37-5-12

Added at 21 Ok Reg 1181, eff 5-27-04