§ 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]