A request for certification of a batch of color additive shall:
(a)
Be addressed to the Commissioner of Food and Drugs.
(b)
Be prepared in the manner set forth in paragraph (j) of this section.
(c)
Be submitted in duplicate.
(d)
Be signed by a responsible officer of the person requesting certification of the batch. In the case of a foreign manufacturer, the request for certification must be signed by a responsible officer of such firm, and, by his agent who resides in the United States.
(e)
Show the name and post office address of the actual manufacturer in case such manufacturer is not the person requesting certification of the batch.
(f)
Be accompanied by the fee prescribed in § 80.10 unless the person has established with the Food and Drug Administration an advanced deposit to be used for prepayment of such fees. In no case shall the Commissioner consider a request for certification of a batch of color additive if the fee accompanying such request is less than that required by § 80.10 or if such fee exceeds the amount held in the advance deposit account of the manufacturer submitting such request for certification.
(g)
Be accompanied by the sample prescribed in § 80.22 consisting of:
(1)
Four ounces in the case of straight colors and lakes.
(2)
Two ounces in the case of repacks and mixtures.
A sample accompanying a request for certification must be submitted under separate cover and should be addressed to the Color Certification Branch.
(h)
The name of a color additive shall be given in the following manner:
(2)
The name of a lake shall be the name derived in the manner described in part 82 of this chapter.
(3)
The name of a mixture shall be the name given to such mixture by the person requesting certification.
(4)
The name of a repack shall be the name described in paragraph (h)(1), (2), or (3) of this section, whichever is applicable.
(i)
The information and samples enumerated in paragraphs (a) to (h), inclusive, of this section are the minimum required. Additional information and samples shall be submitted at the request of the Food and Drug Administration when such additional information and samples are necessary to determine compliance with the requirements of § 80.31 for the issuance of a certificate.
(j)
The form for submission of the application shall be one of the following, depending upon whether the color additive is a straight color, a lake, a repack of a previously certified color additive, or a color additive mixture.
(1) Request for certification of a batch of straight color additive.
(2) Request for certification of a batch of color additive lake.
(3) Request for certification of a repack of a batch of certified color additive.
(4) Request for certification of a batch of color additive mixture.
Code of Federal Regulations
[42 FR 15662, Mar. 22, 1977; 44 FR 17658, Mar. 23, 1979; 44 FR 22053, Apr. 13, 1979, as amended at 54 FR 24890, June 12, 1989; 61 FR 14479, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001]