---
kind: "section"
citation: "9 C.F.R. § 500.5"
title: "9"
number: "500.5"
heading: "Notification, appeals, and actions held in abeyance."
url: "https://uscodex.org/cfr/9/500.5"
---

# §500.5. Notification, appeals, and actions held in abeyance.

- (a) If FSIS takes a withholding action or imposes a suspension, the establishment will be notified orally and, as promptly as circumstances permit, in writing. The written notification will:
  - (1) State the effective date of the action(s),
  - (2) Describe the reasons for the action(s),
  - (3) Identify the products or processes affected by the action(s),
  - (4) Provide the establishment an opportunity to present immediate and corrective action and further planned preventive action; and
  - (5) Advise the establishment that it may appeal the action as provided in §§ [306.5](/cfr/9/306.5.md), [381.35](/cfr/9/381.35.md), and [590.310](/cfr/9/590.310.md) of this chapter.
- (b) The prior notification provided for in [§ 500.4](/cfr/9/500.4.md) of this part will:
  - (1) State the type of action that FSIS may take;
  - (2) Describe the reason for the proposed action;
  - (3) Identify the products or processes affected by the proposed action;
  - (4) Advise the establishment of its right to contact FSIS to contest the basis for the proposed action or to explain how compliance has been or will be achieved; and
  - (5) Advise the establishment that it will have three business days from receipt of the written notification to respond to FSIS unless the time period is extended by FSIS.
- (c) An establishment may appeal the withholding action or suspension, as provided in §§ [306.5](/cfr/9/306.5.md), [381.35](/cfr/9/381.35.md), and [590.310](/cfr/9/590.310.md) of this chapter.
- (d) If FSIS suspends inspection and does not hold the suspension action in abeyance as provided in [paragraph (e)](#e) of this section, the establishment may request a hearing pursuant to the Uniform Rules of Practice, [7 CFR](/cfr/7.md) Subtitle A, [part 1](/cfr/9/part1.md), subpart H. Upon such request, the Administrator will file a complaint that will include a request for an expedited hearing.
- (e) FSIS may hold a suspension in abeyance and allow the establishment to operate under the conditions agreed to by FSIS and the establishment.

## 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]