7 CFR § 70.104 - Who shall perform the appeal.
---
identifier: "/us/cfr/t7/s70.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 70.104 - Who shall perform the appeal."
title_number: 7
title_name: "Agriculture"
section_number: "70.104"
section_name: "Who shall perform the appeal."
chapter_name: "AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE"
subchapter_number: "C"
subchapter_name: "REQUIREMENTS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT"
part_number: "70"
part_name: "VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 1621-1627."
regulatory_source: "41 FR 23681, June 11, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981."
cfr_part: "70"
---
# 70.104 Who shall perform the appeal.
(a) An appeal grading or review of a decision requested under § 70.101(a) shall be made by the grader's immediate supervisor or by one or more licensed graders assigned by the immediate supervisor.
(b) Appeal gradings requested under § 70.101(b) shall be performed by a grader other than the grader who originally graded the product.
(c) Whenever practical, an appeal grading shall be conducted jointly by two graders. The assignment of the grader(s) who will make the appeal grading requested under § 70.101(b) shall be made by the regional director or the Chief of the Grading Branch.
[41 FR 23681, June 11, 1976; 41 FR 24693, June 18, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42014, July 24, 2006]