C.F.R. » Title 21 » CHAPTER I—FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—FOOD FOR HUMAN CONSUMPTION › PART 130—FOOD STANDARDS: GENERAL › Subpart A—General Provisions

21 C.F.R. § 130.5

Procedure for establishing a food standard

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(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]
Notes of Decisions
Cited in 6 cases, 1964–1988 · leading case: Dr. Henry Turkel & Ubiotica Corp. v. Food & Drug Admin., Dep't of Health, Educ. & Welfare, 334 F.2d 844 (6th Cir. 1964).
Sort: Relevance Newest Treatment
Dr. Henry Turkel & Ubiotica Corp. v. Food & Drug Admin., Dep't of Health, Educ. & Welfare, 334 F.2d 844 (6th Cir. 1964). “” 21 C.F.R., Section 130.5(d), as revised June 20, 1963, 28 F.”
Smithkline Corp. v. Food & Drug Admin., 587 F.2d 1107 (D.C. Cir. 1978). “” 21 C.F.R. § 130.5 (d) (1973), now codifíed at 21 C.”
Abruzzi Foods, Inc. v. Pasta & Cheese, Inc., 687 F. Supp. 20 (D. Mass. 1988). “21 C.F.R. § 130.5 . Any person who will be adversely affected by a proposal may request that a public hearing be held prior to the issuance, amendment or repeal of an agency regulation.”
Edison Pharm. Co. v. Food & Drug Admin., 513 F.2d 1063 (D.C. Cir. 1975). “21 C.F.R. § 130.5 (d). . 38 Fed.Reg. 17027, hereinafter referred to as “Notice.”
Durovic v. Richardson, 479 F.2d 242 (7th Cir. 1973). “The applicable regulation at this time was 21 C.F.R. 130.5. It was similar to the earlier one in all material respects, but also provided a procedure whereby the applicant, if he disputed the finding of incompleteness, could request filing over protest, and thus set the…”
Durovic v. Richardson, 479 F.2d 242 (7th Cir. 1973). “14 The applicable regulation at this time was 21 C.F.R. 130.5. It was similar to the earlier one in all material respects, but also provided a procedure whereby the applicant, if he disputed the finding of incompleteness, could request filing over protest, and thus set the…”
— 21 C.F.R. § 130.5(d) — 1 case
Dr. Henry Turkel & Ubiotica Corp. v. Food & Drug Admin., Dep't of Health, Educ. & Welfare, 334 F.2d 844 (6th Cir. 1964). “” 21 C.F.R., Section 130.5(d), as revised June 20, 1963, 28 F.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.