the appeal; and date and serial number 

 of the certificate covering inspection of 

 the processed product on which the ap- 

 peal is requested, and such application 

 may be accompanied by a copy of the 

 previous inspection certificate and any 

 other information that may facilitate 

 Inspection. Such application may be 

 made orally (in person or by telephone), 

 in writing, or by telegraph. If made 

 orally, written confirmation shall be 

 made promptly. 



§ 52.25 When an application for an 

 appeal inspection may be withdrawn. 

 An application for appeal inspection may 

 be withdrawn by the applicant at any 

 time before the appeal inspection is per- 

 formed: Provided, That, the applicant 

 shall pay at the hourly rate prescribed 

 in § 52.48 of this part, for the time in- 

 curred by the inspector in connection 

 with such application, any travel ex- 

 penses, telephone, telegraph, or other 

 expenses which have been incurred by 

 the inspection service in connection 

 with such application. 



I 52.26 "When appeal inspection may 

 be refused. An application for an ap- 

 peal inspection may be refused if: 



(a) The reasons for the appeal inspec- 

 tion are frivolous or not substantial; 



(b) The quality or condition of the 

 processed product has undergone a ma- 

 terial change since the inspection cov- 

 ering the processed product on which 

 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 shoeing 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 may 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- 



