---
kind: "section"
citation: "7 C.F.R. § 70.104"
title: "7"
number: "70.104"
heading: "Who shall perform the appeal."
url: "https://uscodex.org/cfr/7/70.104"
---

# §70.104. Who shall perform the appeal.

- (a) An appeal grading or review of a decision requested under [§ 70.101(a)](/cfr/7/70.101.md?p=a) shall be made by the grader's immediate supervisor or by one or more licensed graders assigned by the immediate supervisor.
- (b) Appeal gradings requested under [§ 70.101(b)](/cfr/7/70.101.md?p=b) shall be performed by a grader other than the grader who originally graded the product.
- (c) Whenever practical, an appeal grading shall be conducted jointly by two graders. The assignment of the grader(s) who will make the appeal grading requested under [§ 70.101(b)](/cfr/7/70.101.md?p=b) shall be made by the regional director or the Chief of the Grading Branch.

## Notes

### Amendments

[41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42014, July 24, 2006]

### Authority

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

### Source

Source: 41 FR 23681, June 11, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

### Amendments

[41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42014, July 24, 2006]