0298 21 USC 348(a)

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 21USC348]

TITLE 21--FOOD AND DRUGS

CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT

SUBCHAPTER IV--FOOD

Sec. 348. Food additives

(a) Unsafe food additives; exception for conformity with exemption or

regulation

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--

(1) it and its use or intended use conform to the terms of an

exemption which is in effect pursuant to subsection (j) of this

section;

(2) there is in effect, and it and its use or intended use are

in conformity with, a regulation issued under this section

prescribing the conditions under which such additive may be safely

used; or

(3) in the case of a food additive as defined in this chapter

that is a food contact substance, there is--

(A) in effect, and such substance and the use of such

substance are in conformity with, a regulation issued under this

section prescribing the conditions under which such additive may

be safely used; or

(B) a notification submitted under subsection (h) of this

section that is effective.

While such a regulation relating to a food additive, or such a

notification under subsection (h)(1) of this section relating to a food

additive that is a food contact substance, is in effect, and has not

been revoked pursuant to subsection (i) of this section, a food shall

not, by reason of bearing or containing such a food additive in

accordance with the regulation or notification, be considered

adulterated under section 342(a)(1) of this title.