[Code of Federal Regulations]
[Title 21, Volume 3]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR170.10]

[Page 10-11]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 170_FOOD ADDITIVES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 170.10  Food additives in standardized foods.

    (a) The inclusion of food ingredients in parts 170 through 189 of 
this chapter does not imply that these ingredients may be used in 
standardized foods unless they are recognized as optional ingredients in 
applicable food standards. Where a petition is received for the issuance 
or amendment of a regulation establishing a definition and standard of 
identity for a food under section 401 of the Act, which proposes the 
inclusion of a food additive in such definition and standard of 
identity, the provisions of the regulations in this part shall apply 
with respect to the information that must be submitted with respect to 
the food additive. Since section 409(b)(5) of the Act requires that the 
Secretary publish notice of a petition for the establishment of a food-
additive regulation within 30 days after filing, notice of a petition 
relating to a definition and standard of identity shall also be 
published within that

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time limitation if it includes a request, so designated, for the 
establishment of a regulation pertaining to a food additive.
    (b) If a petition for a definition and standard of identity contains 
a proposal for a food-additive regulation, and the petitioner fails to 
designate it as such, the Commissioner, upon determining that the 
petition includes a proposal for a food-additive regulation, shall so 
notify the petitioner and shall thereafter proceed in accordance with 
the regulations in this part.
    (c) A regulation will not be issued allowing the use of a food 
additive in a food for which a definition and standard of identity is 
established, unless its issuance is in conformity with section 401 of 
the Act or with the terms of a temporary permit issued under Sec. 
130.17 of this chapter. When the contemplated use of such additive 
complies with the terms of a temporary permit, the food additive 
regulation will be conditioned on such compliance and will expire with 
the expiration of the temporary permit.