7 C.F.R. § 46.17

Inspection of records

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(a) Each licensee shall, during ordinary business hours, promptly upon request, permit any duly authorized representative of USDA to enter its place of business and inspect such accounts, records, and memoranda as may be material:

(1) In the investigation of complaints under the Act, including any petition, written notification, or complaint under section 6 of the Act,

(2) To the determination of ownership, control, packer, or State, country, or region of origin in connection with commodity inspections,

(3) To ascertain whether there is compliance with section 9 of the Act,

(4) In administering the licensing and bonding provisions of the Act,

(5) If the licensee has been determined in a formal disciplinary proceeding to have violated the prompt payment provision of section 2(4) of the Act, to determine whether, at the time of the inspection, there is compliance with that section.

(b) Any necessary facilities for such inspection shall be extended to such representative by the licensee, its agents, and employees.

[62 FR 15087, Mar. 31, 1997]

Notes of Decisions

Cited in 1 case, 1982–1982 · leading case: Wayne Cusimano, Inc. v. John R. Block, Sec'y, United States Dep't of Agric., 692 F.2d 1025 (5th Cir. 1982).

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Wayne Cusimano, Inc. v. John R. Block, Sec'y, United States Dep't of Agric., 692 F.2d 1025 (5th Cir. 1982). “The administrative regulations require a licensee to permit a representative of the regulatory agency to inspect during ordinary business hours the regulation-required records for the five specified inspection purposes provided by the Act itself.”

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