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 ? withdraw the regulation and terminate the proceeding or ? 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]