7 CFR § 91.34 - When an appeal of a laboratory service may be refused.

---
identifier: "/us/cfr/t7/s91.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 91.34 - When an appeal of a laboratory service may be refused."
title_number: 7
title_name: "Agriculture"
section_number: "91.34"
section_name: "When an appeal of a laboratory service may be refused."
chapter_name: "AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE"
subchapter_number: "E"
subchapter_name: "COMMODITY LABORATORY TESTING PROGRAMS"
part_number: "91"
part_name: "SERVICES AND GENERAL INFORMATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 1622, 1624."
regulatory_source: "58 FR 42415, Aug. 9, 1993, unless otherwise noted."
cfr_part: "91"
---


# 91.34 When an appeal of a laboratory service may be refused.

An application for an appeal of a laboratory service may be refused if:

(a) The reasons for the appealed laboratory service are frivolous or not substantial;

(b) The quality or condition of the commodity product has undergone a material change since the laboratory service covering the commodity product on which the appealed laboratory service is requested;

(c) The lot in question is not, or cannot be made accessible for sampling;

(d) The lot relative to which the appealed laboratory service is requested cannot be positively identified as the lot from which samples were previously drawn and originally analyzed; or

(e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal.