---
kind: "section"
citation: "7 C.F.R. § 52.26"
title: "7"
number: "52.26"
heading: "When appeal inspection may be refused."
url: "https://uscodex.org/cfr/7/52.26"
---

# §52.26. When appeal inspection may be refused.


An application for an appeal inspection may be refused if:

- (a) The reasons for the appeal inspection are frivolous or not substantial;
- (b) The quality or condition of the processed product has undergone a material change since the inspection covering the processed product on which the appeal inspection is requested;
- (c) The lot in question is not, or cannot be made accessible for the selection of officially drawn samples;
- (d) The lot relative to which appeal inspection is requested cannot be positively 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.

## Notes

### Source

Source: 22 FR 3535, May 22, 1957, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

### Authority

Authority: 7 U.S.C. 1621-1627.