United States Department of Agriculture

Agricultural Marketing Service

Federal Grain Inspection Service

Directive 9100.3 May 21, 1997

Distribution: FGIS, OSP, Industry Originating Office: FMD PPMAB

The U.S. Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, 

national origin, sex, religion, age, disability, political beliefs, and marital or familial status. (Not all prohibited 

bases apply to all programs.) Persons with disabilities who require alternate means for communication of program 

information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and 

TDD).

To file a complaint, write to the USDA, Office of Civil Rights, Room 326-W, 1400 Independence Avenue, SW, 

Washington, DC 20250-9410, or call (202) 720-5964 (voice and TDD). USDA is an equal employment opportunity 

employer.

WITHHOLDING AND WITHDRAWAL OF AMA INSPECTION SERVICES

Contents

WITHHOLDING AND WITHDRAWAL OF AMA INSPECTION SERVICES ������������������������1

1. PURPOSE �������������������������������������������������������������������������������������������������������������������������

2. REPLACEMENT HIGHLIGHTS �����������������������������������������������������������������������������������������

3. PROCEDURES �����������������������������������������������������������������������������������������������������������������

4. WITHHOLDING NOTICE �������������������������������������������������������������������������������������������������

5. REINSTATEMENT OF SERVICE NOTICE �������������������������������������������������������������������������
FGIS Directive 9100.3 May 1, 1997

Page 2

1. PURPOSE

This directive provides uniform guidelines for conditional withholding or withdrawal of

AMA inspection services

2. REPLACEMENT HIGHLIGHTS

This directive supersedes FGIS Program Directive 910.3, dated 1/24/91  This directiv

is updated to reflect organizational changes, new numbering system, and new format 

but does not revise policy.

3. PROCEDURES

a. Section 868.24 of the regulations under the Agricultural Marketing Act of 1946 (Act

as amended, provides for the conditional withholding of inspection service for 

correctable causes found in section 868.21, such as (1) failure to pay bills for 

inspection services, (2) insanitary plant conditions, or (3) plant conditions which 

would subject the inspector to unusual hazard or discomfort.

(1) Inspectors at the plant shall report any such conditions to the cooperator or

field office as soon as possible.

(2) The final decision to withhold service shall be made by the cooperator or

the field office manager.

(3) The cooperator or field office manager may conditionally withhold service

upon notification to the applicant.

b. Section 868.25 of the regulations provides for the denial or withdrawal of service

due to (1) a willful violation of the Act, regulations, or directives; or (2)

intimidation, threat, assault, or other improper action that interferes with or

obstructs official personnel in the performance of their duties.

(1) Denial or withdrawal of service requires that the applicant be accorded due

process and shall, therefore be conducted by FGIS headquarters in 

accordance with the Rules of Practice Governing Formal Adjudicatory 

Proceedings Instituted by the Secretary of Agriculture under Various Statutes 

(7 CFR Part 1, Subpart H).

(2) When circumstances warrant denial or withdrawal of service, the cooperator 

or field office manager shall report the circumstances in accordance with 

FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Ac

and The Agricultural Marketing Act of 1946

Note: If a situation, such as assault, occurs that threatens the safety of 

official personnel and also is a violation of the Act, the cooperator and 

field office managers may withhold service on the grounds that official 

personnel are subject to hazardous conditions. Such situations should

be reported in accordance with FGIS Directive 9070.6.
FGIS Directive 9100.3 May 1, 1997

Page 3

4. WITHHOLDING NOTICE

a. When deemed necessary by the cooperator or field office manager, notify the 

applicant why service may be withheld and afford the applicant time to correct the 

problem or demonstrate why service should not be withheld.

b. If a resolution is not reached, the cooperator or field office manager must notify the 

applicant, in writing, of the decision to withhold service

c. Use the following statements to notify the applicant that services are being 

withheld. The wording of these statements may be modified provided the meaning 

is not altered and the statement is approved by the field office manager.

(1) Insanitary or Hazardous Conditions. “Pursuant to the 7 CFR Part 868

regulations under the Agricultural Marketing Act of 1946, effective 

immediately, all services performed by this (cooperator, Service) at your 

(plant, mill, etc.) are being conditionally withheld because of (insanitary, 

hazardous) plant conditions. A written description of the (insanitary, 

hazardous) condition(s) will follow. Notify the FGIS field office at (field office 

location) when you have eliminated or corrected the specified (insanitary, 

hazardous) condition(s). If it is determined upon examination of your (plant, 

mill, etc.) that these conditions have been eliminated or corrected, inspection 

services will be restored immediately or as soon thereafter as a sampler or 

inspector can be made available. If you have any questions concerning this 

action, contact the (field office location) Field Office. Copies of the Part 868 

regulations are being mailed to you today.”

(2) Nonpayment of Bills. Pursuant to the 7 CFR Part 868 regulations under the

Agricultural Marketing Act of 1946, effective immediately, all services 

performed by this (cooperator, Service) for your account are being 

conditionally withheld because of nonpayment of bills for services. Upon 

payment of these delinquent bills, services will be restored immediately, or as 

soon thereafter as a sampler or inspector can be made available. If you have 

any questions concerning this action, contact the (field office location) Field 

Office. Copies of the Part 868 regulations are being mailed to you today.”
FGIS Directive 9100.3 May 1, 1997

Page 4

5. REINSTATEMENT OF SERVICE NOTICE

a. If the conditions causing withholding of service are corrected, service shall be 

reinstated. The cooperator or field office manager shall notify the applicant, in 

writing, of the decision to reinstate service

b. Use the following statements to notify the applicant that service will be reinstated. The 

wording of these statements may be modified provided the meaning is not altered 

and the statement is approved by the field office manager.

(1) Insanitary or Hazardous Conditions. “On (date of withholding), the Federal

Grain Inspection Service, AMS, USDA, conditionally withheld services from 

your (plant, mill, etc.) because of (insanitary, hazardous) conditions. Upon 

reexamination of your (plant, mill, etc.) on (date), the specified conditions 

were found to be (corrected or eliminated). You are hereby informed that 

services are restored effective (immediately or give date).”

(2) Nonpayment of Bills. “On (date of withholding notice), the Federal Grain

Inspection Service, AMS, USDA, conditionally withheld services from 

your (plant, mill, etc.) because of nonpayment of bills for services. These 

delinquent bills have now been paid and you are hereby informed that 

services are restored effective (immediately or give date).