---
kind: "section"
citation: "9 C.F.R. § 500.3"
title: "9"
number: "500.3"
heading: "Withholding action or suspension without prior notification."
url: "https://uscodex.org/cfr/9/500.3"
---

# §500.3. Withholding action or suspension without prior notification.

- (a) FSIS may take a withholding action or impose a suspension without providing the establishment prior notification because:
  - (1) The establishment produced and shipped adulterated or misbranded product as defined in 21 U.S.C. [453](/usc/21/453.md), [21](/usc/21/21.md) U.S.C. 602, or [21 U.S.C. 1033](/usc/21/1033.md);
  - (2) The establishment does not have a HACCP plan as specified in [§ 417.2](/cfr/9/417.2.md) of this chapter;
  - (3) The establishment does not have Sanitation Standard Operating Procedures as specified in [§§ 416.11-416.12](/cfr/9/416.11-416.12.md) of this chapter;
  - (4) Sanitary conditions are such that products in the establishment are or would be rendered adulterated;
  - (5) The establishment violated the terms of a regulatory control action;
  - (6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with an FSIS employee; or
  - (7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, or egg product, that has been found to be adulterated and that has not been reprocessed, in accordance with [part 314](/cfr/9/part314.md) or [part 381](/cfr/9/part381.md), [subpart L](/cfr/9/subpartL.md), or [part 590](/cfr/9/part590.md) of this chapter within three days of notification.
- (b) FSIS also may impose a suspension without providing the establishment prior notification because the establishment is handling or slaughtering animals inhumanely.

## Notes

### Amendments

[64 FR 66546, Nov. 29, 1999, as amended at 85 FR 68673, Oct. 29, 2020; 85 FR 81340, Dec. 16, 2020]

### Authority

Authority: 21 U.S.C. 451-470, 601-695, 1031-1056; 7 U.S.C. 450, 1901-1906; (33 U.S.C. 1251 et seq. ); 7 CFR 2.18, 2.53.

### Source

Source: 64 FR 66546, Nov. 29, 1999, unless otherwise noted.

### Amendments

[64 FR 66546, Nov. 29, 1999, as amended at 85 FR 68673, Oct. 29, 2020; 85 FR 81340, Dec. 16, 2020]