[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR71.22]

[Page 342]
 
                        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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