901:2-2-08 Procedures for rescinding or refusing approval of marks, labels, and containers.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.8 shall be read as follows:

(A) The department may rescind or refuse approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat or poultry product.

(B) The department will provide written notification that:

(1) Explains the reason for rescinding or refusing the approval;

(2) Provides an opportunity for the establishment to modify the marking, labeling, or container so that it will no longer be false or misleading; and

(3) Advises the establishment of its opportunity to submit a written statement to respond to the notification and to request a hearing.

(C) If the department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat or poultry product, a notice and opportunity for a hearing shall be provided, in accordance with Chapter 119. of the Revised Code.

Effective: 3/19/2016
Five Year Review (FYR) Dates: 09/15/2015 and 03/19/2021
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.08, 918.28
Prior Effective Dates: 02/04/2002