CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER I—AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE (parts 27 to 206) > SUBCHAPTER E—COMMODITY LABORATORY TESTING PROGRAMS (parts 90 to 111) > PART 91—SERVICES AND GENERAL INFORMATION > SUBPART H—Appeal of Laboratory Services (§91.31 to §91.36) > 91.34—When an appeal of a laboratory service may be refused.

91.34—When an appeal of a laboratory service may be refused.

An application for an appeal of a laboratory service may be refused if:
(a) The reasons for the appealed laboratory service are frivolous or not substantial;
(b) The quality or condition of the commodity product has undergone a material change since the laboratory service covering the commodity product on which the appealed laboratory service is requested;
(c) The lot in question is not, or cannot be made accessible for sampling;
(d) The lot relative to which the appealed laboratory service is requested cannot be positively identified as the lot from which samples were previously drawn and originally analyzed; or
(e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal.