[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR130.5]

[Page 314]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 130_FOOD STANDARDS: GENERAL--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  130.5  Procedure for establishing a food standard.

    (a) The procedure for establishing a food standard under section 401 
of the act shall be governed by part 10 of this chapter.
    (b) Any petition for a food standard shall show that the proposal, 
if adopted, would promote honesty and fair dealing in the interest of 
consumers.
    (c) Any petition for a food standard shall assert that the 
petitioner commits himself to substantiate the information in the 
petition by evidence in a public hearing, if such a hearing becomes 
necessary.
    (d) If a petitioner fails to appear, or to substantiate the 
information in his petition, at a public hearing on the matter, the 
Commissioner may either (1) withdraw the regulation and terminate the 
proceeding or (2) if he concludes that it is in accordance with the 
requirements of section 401 of the act, continue the proceeding and 
introduce evidence to substantiate such information.

[42 FR 14357, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977]

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