When appeal inspection may be refused.

§ 52.26 When appeal inspection may be refused. An application for an appeal inspection may be refused if: (a) The reasons for the appeal inspection are frivolous or not substantial; (b) 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; (c) The lot in question is not, or cannot be made accessible for the selection of officially drawn samples; (d) 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 (e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal.