Section 260.39 - When appeal inspection may be refusedAn 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.