Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 11 - VOLUNTARY EGG GRADING PROGRAM › Section R3-2-1120 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. Appeal grading.
				An appeal grading may be requested by any recipient or authorized designee or
				other interested party ("appellant") who is dissatisfied with the determination
				by a grader of the class, quality, quantity, or condition of any product as
				evidenced by the AZDA grademark and accompanying label, or as stated on a
				grading certificate.
1. The appeal shall be
				filed with the original grader's immediate supervisor.
2. Initial review of the appeal shall be made
				by the original grader's immediate supervisor, or by one or more licensed
				graders assigned by the immediate supervisor to review the appeal.
2. An appeal may be made orally or in
				writing. If made orally, written confirmation is required. The appellant shall
				clearly state the reasons for requesting the appeal grading and a description
				of the product, or the decision which is questioned. If such appeal request is
				based on the results stated on an official certificate, the original and all
				available copies of the certificate shall be provided to the grader assigned to
				perform the appeal grading.
3. The
				appellant's request for the appeal grading may be refused when it appears to
				the reviewer that the reasons given in the request are frivolous or not
				substantial, the quality or condition of the product has undergone a material
				change since the original grading, the original lot has changed in some manner,
				or the appellant has not materially complied with the requirements of this
				Article. In such case, the appellant shall be promptly notified of the reason
				or reasons for such refusal.
4. If
				an appeal grading is granted, it shall be performed by a grader other than the
				original grader. Whenever practical, an appeal grading shall be conducted
				jointly by two independent graders.
5. The following procedures shall be used for
				appeal grading:
a. The appeal sample shall
				consist of product taken from the original sample container plus an equal
				number of samples selected at random.
b. When the original samples are not
				available or have been altered, such as the removal of undergrades, the appeal
				sample size for the lot shall consist of double the samples required in
				R3-2-1102.
c. Eggs shall not have been moved from the
				original place of grading and must have been maintained under adequate
				refrigeration.
6.
				Immediately after an appeal grading is completed, an appeal certificate shall
				be issued to show that the original grading was upheld, modified, or rejected.
				Such certificate shall supersede any previously issued certificate for the
				product involved and shall clearly identify the number and date of the
				superseded certificate. The issuance of the appeal certificate may be withheld
				until any previously issued certificate and all copies have been returned when
				such action is deemed necessary to protect the interest of the Department. When
				the appeal grader assigns a different grade to the lot, the existing AZDA
				grademark shall be changed or obliterated as necessary. When the appeal grader
				assigns a different class or quantity designation to the lot, the labeling
				shall be corrected.