(a) A handler or importer shall be subject to withdrawal of inspection services, for a period of time to be determined by USDA, if the handler or importer:
- (1) Fails to obtain outgoing inspection on shelled or cleaned-inshell peanuts, pursuant to § 996.31, and ships such peanuts for human consumption use;
- (2) Ships failing quality peanuts, pursuant to § 996.31, for human consumption use;
- (3) Commingles failing quality peanuts with certified edible quality peanuts and ships the commingled lot for human consumption use without meeting outgoing quality regulations;
- (4) Fails to maintain positive lot identification, pursuant to § 996.40(a), on peanut lots certified for human consumption use;
- (5) Fails to maintain and provide access to records, pursuant to § 996.71, and the standards for traceability and nonconforming product disposition pursuant to § 996.73, on the reconditioning or disposition of peanuts acquired by such handler or importer; and on lots that meet outgoing quality standards; or
- (6) Otherwise violates any provision of section 1308 of the Act or any provision of this part.
- (b) Any peanut lot shipped which fails to meet the outgoing quality standards specified in § 996.31, and is not reconditioned to meet such standards, or is not disposed to non-human consumption outlets as specified in § 996.50, shall be reported by USDA to the Food and Drug Administration and listed on an Agricultural Marketing Service Web site.
[67 FR 57140, Sept. 9, 2002, as amended at 81 FR 50290, Aug. 1, 2016]