---
kind: "section"
citation: "7 C.F.R. § 91.34"
title: "7"
number: "91.34"
heading: "When an appeal of a laboratory service may be refused."
url: "https://uscodex.org/cfr/7/91.34"
---

# §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.

## Notes

### Authority

Authority: 7 U.S.C. 1622, 1624.

### Source

Source: 58 FR 42415, Aug. 9, 1993, unless otherwise noted.