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

The reasons for the appealed laboratory service are frivolous or not substantial;

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;

The lot in question is not, or cannot be made accessible for sampling;

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

There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal.