[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: 21CFR71.22]
[Page 337]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 71 COLOR ADDITIVE PETITIONS--Table of Contents
Subpart B Administrative Action on Petitions
Sec. 71.22 Deception as a basis for refusing to issue regulations; deceptive
use of a color additive for which a regulation has issued.
The Commissioner shall refuse to issue a regulation listing a color
additive, if in his judgment the data before him show that such proposed
use would promote deception of the consumer or would result in
misbranding or adulteration within the meaning of the act. Such a
finding shall be by order published in the Federal Register subject to
the filing of objections and a request for a hearing by adversely
affected parties. The issuance of a regulation for a color additive
authorizing its use generally in or on a food, drug, or cosmetic shall
not be construed as authorization to use the color additive in a manner
that may promote deception or conceal damage or inferiority. The use of
a color additive to promote deception or conceal damage or inferiority
shall be considered as the use of a color additive for which no
regulation has issued pursuant to section 721(b) of the act, even though
the regulation is effective for other uses.
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