C.F.R. » Title 9 » CHAPTER III—FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION › PART 306—ASSIGNMENT AND AUTHORITIES OF PROGRAM EMPLOYEES

9 C.F.R. § 306.5

Appeals

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Any appeal from a decision of any Program employee shall be made to his/her immediate supervisor having jurisdiction over the subject matter of the appeal, except as otherwise provided in the applicable rules of practice.

[48 FR 11418, Mar. 18, 1983, as amended at 60 FR 67454, Dec. 29, 1995]
Notes of Decisions
Cited in 5 cases, 1988–2015 · leading case: Munsell v. Dep't of Agric., 509 F.3d 572 (D.C. Cir. 2007).
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Munsell v. Dep't of Agric., 509 F.3d 572 (D.C. Cir. 2007). · cites it 6× “The District Court first held that the governing statutory exhaustion requirement under 7 U.S.C. § 6912 (e) is jurisdictional.”
Big Cats of Serenity Springs, Inc. v. Vilsack, 84 F. Supp. 3d 1179 (D. Colo. 2015). “2007) (dismissing Bivens action because 9 C.F.R. § 306.5 13 “establishes an extremely straightforward process for appealing the decisions of FSIS officials.”
FPL Food, LLC v. United States Dep't of Agric., 671 F. Supp. 2d 1339 (S.D. Ga. 2009). “Industry members seeking to appeal those noncompliance records pursuant to 9 C.F.R. § 306.5 should appeal directly up the USDA’s chain of authority by appealing each regulatory decision to the decision maker’s immediate supervisor.”
Munsell v. United States Dep't of Agric., 435 F. Supp. 2d 149 (D.D.C. 2006). · cites it 2× “Plaintiffs assert, pointing to 9 C.F.R. § 306.5 (2006), 1 that the USDA’s “very informal notification mechanism” is inadequate to address plaintiffs’ complaints of a misapplication of regulatory authority under the Federal Meat Inspection Act (“FMIA”), 21 U.”
Oak Grove Smokehouse, Inc. v. United States Dep't of Agric., 704 F. Supp. 104 (M.D. La. 1988). · cites it 2× “Under 9 C.F.R. § 306.5 (1983), plaintiff has the right to appeal any decision of a USDA employee to that employee’s immediate supervisor.”
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