[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR130.20]
[Page 295]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 130 FOOD STANDARDS: GENERAL--Table of Contents
Subpart B Food Additives in Standardized Foods
Sec. 130.20 Food additives proposed for use in foods for which definitions
and standards of identity are established.
(a) Where a petition is received for the issuance or amendment of a
regulation establishing a definition and standard of identity for a food
under section 401 of the act, which proposes the inclusion of a food
additive in such definition and standard of identity, the provisions of
the regulations in part 171 of this chapter shall apply with respect to
the information that must be submitted with respect to the food
additive. Since section 409(b)(5) of the act requires that the
Commissioner publish notice of a petition for the establishment of a
food additive regulation within 30 days after filing, notice of a
petition relating to a definition and standard of identity shall also be
published within that time limitation if it includes a request, so
designated, for the establishment of a regulation pertaining to a food
additive.
(b) If a petition for a definition and standard of identity contains
a proposal for a food additive regulation, and the petitioner fails to
designate it as such, the Commissioner, upon determining that the
petition includes a proposal for a food additive regulation, shall so
notify the petitioner and shall thereafter proceed in accordance with
the regulations in part 171 of this chapter.
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