[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1230.35]

[Page 690]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 1230_REGULATIONS UNDER THE FEDERAL CAUSTIC POISON ACT--
Table of Contents
 
                   Subpart D_Administrative Procedures
 
Sec. 1230.35  Hearings.

    Whenever it appears from the inspection, analysis, or test of any 
container that the provisions of section 3 or 6 of the Federal Caustic 
Poison Act (44 Stat. 1407, 1409; 15 U.S.C. 403, 406) have been violated 
and criminal proceedings are contemplated, notice shall be given to the 
party or parties against whom prosecution is under consideration and to 
other interested parties, and a date shall be fixed at which such party 
or parties may be heard. The hearing shall be held at the office of the 
Food and Drug Administration designated in the notice and shall be 
private and confined to questions of fact. The parties notified may 
present evidence, either oral or written, in person or by attorney, to 
show cause why the matter should not be referred for prosecution as a 
violation of the Federal Caustic Poison Act.