the appeal inspection is requested; 
(c) The lot in question is not, or can- 
not be made accessible for the selection 
of officially drawn samples; 
(d) The lot relative to which appeal 
inspection is requested cannot be posi- 
tively identified by the inspector as the 
lot from which officially drawn samples 
were previously inspected; or 
(e) There is noncompliance with the 
regulations in this part. Such applicant 
shall be notified promptly of the reason 
for such refusal. 
§ 52.27 Who shall perform appeal in- 
spection. An appeal inspection shall be 
performed by an inspector or inspectors 
(other than the one from whose inspec- 
tion the appeal is requested) authorized 
for this purpose by the Administrator 
and, whenever practical, such appeal in- 
spection shall be conducted jointly by 
two such inspectors: Provided, That, the 
inspector who made the inspection on 
which the appeal is requested may be 
authorized to draw the samples when 
another inspector or licensed sampler is 
not available in the area where the prod- 
uct is located. 
§ 52.28 Appeal inspection certificate. 
After an appeal inspection has been 
completed, an appeal inspection certifi- 
cate shall be issued showing the results 
of such appeal inspection; and such cer- 
tificate shall supersede the inspection 
certificate previously issued for the 
processed product involved. Each ap- 
peal inspection certificate shall clearly 
identify the number and date of the in- 
spection certificate which it supersedes. 
The superseded certificate shall become 
null and void upon the issuance of the 
appeal inspection certificate and shall 
no longer represent the quality or con- 
dition of the processed product described 
therein. The inspector or inspectors is- 
suing an appeal inspection certificate 
shall forward notice of such issuance to 
such persons as he considers necessary to 
prevent misuse of the superseded cer- 
tificate if the original and all copies of 
such superseded certificate have not 
previously been delivered to the inspec- 
tor or inspectors issuing the appeal in- 
spection certificate. The provisions in 
the regulations in this part concerning 
forms of certificates, issuance of certifi- 
cates, and disposition of certificates 
shall apply to appeal inspection certifi- 
cates, except that copies of such appeal 
inspection certificates shall be furnished 
all interested parties who received copies 
of the superseded certificate. 
LICENSING OF SAMPLERS AND INSPECTORS 
§52.29 Who may become licensed 
sampler. Any person deemed to have 
the necessary qualifications may be li- 
censed as a licensed sampler to draw 
samples for the purpose of inspection 
under the regulations in this part. Such 
a license shall bear the printed signa- 
ture of the Secretary, and shall be 
countersigned by an authorized em- 
ployee of the Department. Licensed 
samplers shall have no authority to in- 
spect processed products under the reg- 
ulations in this part except as to identi- 
fication and condition of the containers 
in a lot. A licensed sampler shall per- 
form his duties pursuant to the regula- 
tions in this part as directed by the Ad- 
ministrator. 
§ 52.30 Application to become a li- 
censed sampler. Application to become 
a licensed sampler shall be made to the 
Administrator on forms furnished for 
that purpose. Each such application 
shall be signed by the applicant in his 
Own handwriting, and the information 
contained therein shall be certified by 
him to be true, complete, and correct to 
the best of his knowledge and belief, and 
the application shall contain or be ac< 
companied by: 
(a) A statement showing his present 
and previous occupations, together with 
names of all employers for whom he has 
worked, with periods of service, during 
the ten years previous to the date of his 
application; 
(b) A statement that, in his capacity 
as a licensed sampler, he will not draw 
samples from any lot of processed prod- 
ucts with respect to which he or his 
employer is an interested party; 
(c) A statement that he agrees to 
comply with all terms and conditions of 
the regulations in this part relating to 
duties of licensed samplers; and 
(d) Such other information as may be 
requested. 
§ 52.31 Inspectors. Inspections will 
ordinarily be performed by employees 
under the Administrator who are em- 
ployed as Federal Government employees 
for that purpose. However, any person 
employed under any joint Federal-State 
inspection service arrangement may be 
licensed, if otherwise qualified, by the 
Secretary to make inspections in accord- 
ance with this part on such processed 
products as riay be specified in his li- 
cense. Such license shall be issued only 
in a case where the Administrator is 
satisfied that the particular person is 
qualified to perform adequately the in- 
spection service for which such person 
is to be licensed. Each such license shall 
bear the printed signature of the Secre- 
tary and shall be countersigned by an 
authorized employee of the Department. 
An inspector shall perform his duties 
pursuant to the regulations in this part 
as directed by the Administrator. 
§ 52.32 Suspension or revocation of li- 
cense of licensed sampler or licensed 
inspector. Pending final action by the 
Secretary, the Administrator may, when- 
ever he deems such action necessary, 
suspend the license of any licensed sam- 
pler, or licensed inspector, issued pur- 
suant to the regulations in this part, by 
giving notice of such suspension to the 
respective licensee, accompanied by a 
statement of the reasons. therefor. 
Within seven days after the receipt of 
the aforesaid notice and statement of 
reasons by such licensee, he may file an 
appeal, in writing, with the Secretary 
supported by any argument or evidence 
that he may wish to offer as to why his 
license should not be suspended or re- 
voked. After the expiration of the afore- 
said seven days period and consideration 
of such argument and evidence, the Sec- 
retary shall take such action as he deems 
appropriate with respect to such sus- 
pension or revocation. 
§ 52.33 Surrender of license. Upon 
termination of his services as a licensed 
sampler or licensed inspector, or suspen- 
sion or revocation of his license, such 
licensee shall surrender his license im- 
mediately to the office of inspection 
serving the area in which he is located. 
These same provisions shall apply in a 
case of an expired license. 
SAMPLING 
§ 52.34 How samples are drawn by in- 
spectors or licensed samplers. An in- 
spector or a licensed sampler shall select 
samples, upon request, from designated 
lots of processed products which are so 
placed as to permit thorough and proper 
sampling in accordance with the regu- 
lations in this part. Such person shall, 
unless otherwise directed by the Admin- 
istrator, select samples of such products 
at random, and from various locations 
in each lot in such manner and number, 
not inconsistent with the regulations in 
this part, as to secure representative 
samples of the lot. Samples drawn for 
inspection shall be furnished by the ap- 
plicant at no cost to the Department. 
§ 52.35 Accessibility for sampling. 
Each applicant shall cause the processed 
products for which inspection is re- 
quested to be made accessible for proper 
sampling. Failure to make any lot ac- 
cessible for proper sampling shall be suf- 
ficient cause for postponing inspection 
service until such time as such lot is 
made accessible for proper sampling. 
§ 52.36 How officially drawn samples 
are to be identified. Officially drawn 
samples shall be marked by the inspector 
or licensed sampler so such samples can 
be properly identified for inspection. 
§ 52.37 How samples are to be shipped. 
Unless otherwise directed by the Admin- 
istrator, samples which are to be shipped 
to any office of inspection shall be for- 
warded to the office of inspection serving 
the area in which the processed products 
from which the samples were drawn is 
located. Such samples shall be shipped 
in a manner to avoid, if possible, any 
material change in the quality or con- 
dition of the sample of the processed 
product. All transportation charges in 
connection with such shipments of sam- 
ples shall be at the expense of the ap- 
plicant and wherever practicable, such 
charges shall be prepaid by him. 
§ 52.38 Sampling rates for officially 
drawn samples. Unless otherwise di- 
rected by the Administrator, each inspec- 
tor and each licensed sampler shall select 
from each lot not less than the number 
of samples indicated in the following ap- 
plicable tables except as may be required 
utherwise by the provisions in § 52.34. 
