Viewing an earlier version · effective Dec 20, 2016View current (a) FSIS may take a withholding action or impose a suspension without providing the establishment prior notification because:
- (1) The establishment produced and shipped adulterated or misbranded product as defined in 21 U.S.C. 453 or 21 U.S.C. 602;
- (2) The establishment does not have a HACCP plan as specified in § 417.2 of this chapter;
- (3) The establishment does not have Sanitation Standard Operating Procedures as specified in §§ 416.11-416.12 of this chapter;
- (4) Sanitary conditions are such that products in the establishment are or would be rendered adulterated;
- (5) The establishment violated the terms of a regulatory control action;
- (6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with an FSIS employee; or
- (7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, in accordance with part 314 or part 381, subpart L, of this chapter within three days of notification.
- (b) FSIS also may impose a suspension without providing the establishment prior notification because the establishment is handling or slaughtering animals inhumanely.