[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: 21CFR171.7]

[Page 29]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 171_FOOD ADDITIVE PETITIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 171.7  Withdrawal of petition without prejudice.

    (a) In some cases the Commissioner will notify the petitioner that 
the petition, while technically complete, is inadequate to justify the 
establishment of a regulation or the regulation requested by petitioner. 
This may be due to the fact that the data are not sufficiently clear or 
complete. In such cases, the petitioner may withdraw the petition 
pending its clarification or the obtaining of additional data. This 
withdrawal will be without prejudice to a future filing. Upon refiling, 
the time limitation will begin to run anew from the date of refiling.
    (b) At any time before the order provided for in Sec. 171.100(a) 
has been forwarded to the Federal Register for publication, the 
petitioner may withdraw the petition without prejudice to a future 
filing. Upon refiling the time limitation will begin to run anew.
    (c) Any petitioner who has a food additive petition pending before 
the agency and who subsequently submits a premarket notification for a 
food contact substance (FCN) for a use or uses described in such 
petition shall be deemed to have withdrawn the petition for such use or 
uses without prejudice to a future filing on the date the FCN is 
received by the Food and Drug Administration.

[42 FR 14489, Mar. 15, 1977, as amended at 67 FR 35731, May 21, 2002]