[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: 21CFR70.45]
[Page 330]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 70 COLOR ADDITIVES--Table of Contents
Subpart C Safety Evaluation
Sec. 70.45 Allocation of color additives.
Whenever, in the consideration of a petition or a proposal to list a
color additive or to alter an existing listing, the data before the
Commissioner fail to show that it would be safe to list the color
additive for all the uses proposed or at the levels proposed, the
Commissioner will notify the petitioner and other interested persons by
publication in the Federal Register that it is necessary to allocate the
safe tolerance for the straight color in the color additive among the
competing needs. This notice shall call for the presentation of data by
all interested persons on which the allocation can be made in accordance
with section 721(b)(8) of the act. The time for acting upon the petition
shall be stayed until such data are presented, whereupon the time limits
shall begin to run anew. As promptly as possible after presentation of
the data, the Commissioner will, by order, announce the allocation and
the tolerance limitations.
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