An application for an appeal inspection may be refused if:
The reasons for the appeal inspection are frivolous or not substantial;
The quality or condition of the processed product has undergone a material change since the inspection covering the processed product on which the appeal inspection is requested;
The lot in question is not, or cannot be made accessible for the selection of officially drawn samples;
The lot relative to which appeal inspection is requested cannot be positively identified by the inspector as the lot from which officially drawn samples were previously inspected; or
There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal.
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