[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR14.147]
[Page 160.161]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 14 PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE--Table of Contents
Subpart H Color Additive Advisory Committees
Sec. 14.147 Membership of a color additive advisory committee.
(a) The members of a color additive advisory committee are selected
in the following manner:
(1) If a color additive advisory committee is established for
purposes that do not include review of an issue arising under section
721(b)(5)(B) of the act, or is established on the initiative of the
Commissioner, the Commissioner may use the procedure in paragraph (a)(2)
of this section to select the members or may use an existing standing
advisory committee listed in Sec. 14.100, or may establish a new
advisory committee under this subpart. Once the Commissioner has
established a color additive advisory committee under this paragraph and
has referred to it a matter relating to a color additive, no interested
person may subsequently request that an additional or different color
additive advisory committee be established to review and make
recommendations about that color additive.
(2) If the Commissioner established a color additive advisory
committee to review an issue arising under section 721(b)(5)(B) of the
act on the request of an interested person, it shall be established
under the following requirements:
(i) Except as provided in paragraph (a)(2) (ii) and (iii) of this
section, the Commissioner will request the National Academy of Sciences
to select the members of a color additive advisory committee from among
experts qualified in the subject matter to be reviewed by the committee,
and of adequately diversified professional backgrounds. The Commissioner
will appoint one of the members as the chairman.
(ii) If the National Academy of Sciences is unable or refuses to
select the members of a color additive advisory committee, the
Commissioner will select the members.
(iii) If the Commissioner and the requesting party agree, section
721(b)(5)(D) of the act may be waived and the matter may be referred to
any standing advisory committee listed in Sec. 14.100 or to any
advisory committee established under any other procedure that is
mutually agreeable. Once the
[[Page 161]]
Commissioner has established a color additive advisory committee and has
referred to it a matter relating to a color additive, no interested
person may subsequently request that an additional or different color
additive advisory committee be established to review and make
recommendations about that color additive.
(b) Members of a color additive advisory committee are subject to
the requirements of the Federal Advisory Committee Act and this subpart,
except that no member of a color additive advisory committee may by
reason of such membership alone be a special government employee or be
subject to the conflict of interest laws and regulations.
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