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21 U.S.C. § 348

Food additives

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 348, Food additives, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454203
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Full text

A food additive shall, with respect to any particular use or intended use of such additives, be deemed to be unsafe for the purposes of the application of clause (2)(C) of section 342(a) of this title, unless— in the case of a food additive as defined in this chapter that is a food contact substance, there is— Such petition shall, in addition to any explanatory or supporting data, contain— The Secretary shall— No such regulation shall issue if a fair evaluation of the data before the Secretary— If, in the judgment of the Secretary, based upon a fair evaluation of the data before him, a tolerance limitation is required in order to assure that the proposed use of an additive will be safe, the Secretary— In determining, for the purposes of this section, whether a proposed use of a food additive is safe, the Secretary shall consider among other relevant factors— The Secretary may at any time, upon his own initiative, propose the issuance of a regulation prescribing, with respect to any particular use of a food additive, the conditions under which such additive may be safely used, and the reasons therefor. After the thirtieth day following publication of such a proposal, the Secretary may by order establish a regulation based upon the proposal. Any order, including any regulation established by such order, issued under subsection (c) or (d) of this section, shall be published and shall be effective upon publication, but the Secretary may stay such effectiveness if, after issuance of such order, a hearing is sought with respect to such order pursuant to subsection (f). Except as provided in clause (ii), the notification program established under this subsection shall not operate in any fiscal year unless— The Secretary shall, not later than April 1, 1999, begin accepting and reviewing notifications submitted under the notification program established under this subsection if— The Secretary shall by regulation prescribe the procedure by which regulations under the foregoing provisions of this section may be amended or repealed, and such procedure shall conform to the procedure provided in this section for the promulgation of such regulations. The Secretary shall by regulation prescribe the procedure by which the Secretary may deem a notification under subsection (h) to no longer be effective. Without regard to subsections (b) to (i), inclusive, of this section, the Secretary shall by regulation provide for exempting from the requirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified experts when in his opinion such exemption is consistent with the public health. Not later than 12 months after August 14, 2018, the Secretary shall post on the internet website of the Food and Drug Administration—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 98-620(H.R. 6163)1984-11-08
    Federal District Court Organization Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-115(S. 830)1997-11-21
    Food and Drug Administration Modernization Act of 1997
    House: no recorded tallySenate: 98–2
  • Amended byPub. L. 115-234(H.R. 5554)2018-08-14
    Animal Drug and Animal Generic Drug User Fee Amendments of 2018
    House: no recorded tallySenate: no recorded tally