C.F.R. » Title 9 » CHAPTER I—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—ANIMAL WELFARE › PART 4—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL WELFARE ACT › Subpart B—Supplemental Rules of Practice

9 C.F.R. § 4.10

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(a) In any situation where the Administrator has reason to believe that any person licensed under the Act has violated or is violating any provision of the Act, or the regulations or standards issued thereunder, and he or she deems it warranted under the circumstances, the Administrator may suspend such person's license temporarily, for a period not to exceed 21 days, effective, except as provided in § 4.10(b), upon written notification given to such person of the suspension of his or her license pursuant to § 1.147(b) of the Uniform Rules of Practice (7 CFR 1.147(b)).

(b) In any case of actual or threatened physical harm to animals in violation of the Act, or the regulations or standards issued thereunder, by a person licensed under the Act, the Administrator may suspend such person's license temporarily, for a period not to exceed 21 days, effective upon oral or written notification, whichever is earlier. In the event of oral notification, a written confirmation thereof shall be given to such person pursuant to § 1.147(b) of the Uniform Rules of Practice (7 CFR 1.147(b)) as promptly as circumstances permit.

(c) The temporary suspension of a license shall be in addition to any sanction which may be imposed against said person by the Secretary pursuant to the Act after notice and opportunity for hearing.

[42 FR 10959, Feb. 25, 1977, as amended at 86 FR 66926, Nov. 24, 2021]
Notes of Decisions
Cited in 2 cases, 2015–2016 · leading case: Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015).
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Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015). “9 C.F.R. § 4.10 . If, on the basis of inspections or the receipt of third-party information, USDA chooses to suspend a license for more than 21 days, impose a civil penalty, or terminate a license, USDA must afford notice and a hearing in an enforcement proceeding.”
People for the Ethical Treatment of Animals, Inc. v. United States Dep't of Agric., 194 F. Supp. 3d 404 (E.D.N.C. 2016). “See 9 C.F.R. § 4.10 ; 7 C.F.R. §§ 1.131 (a), 1.”
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