[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: 21CFR130.5]
[Page 288]
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 A General Provisions
Sec. 130.5 Procedure for establishing a food standard.
(a) The procedure for establishing a food standard under section 401
of the act shall be governed by part 10 of this chapter.
(b) Any petition for a food standard shall show that the proposal,
if adopted, would promote honesty and fair dealing in the interest of
consumers.
(c) Any petition for a food standard shall assert that the
petitioner commits himself to substantiate the information in the
petition by evidence in a public hearing, if such a hearing becomes
necessary.
(d) If a petitioner fails to appear, or to substantiate the
information in his petition, at a public hearing on the matter, the
Commissioner may either (1) withdraw the regulation and terminate the
proceeding or (2) if he concludes that it is in accordance with the
requirements of section 401 of the act, continue the proceeding and
introduce evidence to substantiate such information.
[42 FR 14357, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977]
[[Page 289]]
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