Title 21

SECTION 170.270

170.270 Procedures that apply when the intended conditions of use of a notified substance include use in a product or products subject to regulation by the Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture.

§ 170.270 Procedures that apply when the intended conditions of use of a notified substance include use in a product or products subject to regulation by the Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture.

If the intended conditions of use of the notified substance include use in a product or products subject to regulation by FSIS under statutes that it administers:

(a) When applicable, you must include in your GRAS notice a statement as to whether you:

(1) Authorize us to send any trade secrets to FSIS; or

(2) Ask us to exclude any trade secrets from the copy of the GRAS notice that we will send to FSIS.

(b)(1) We will forward a copy of a GRAS notice or relevant portions thereof to FSIS;

(2) We will exclude any trade secrets unless you have authorized us to do so in accordance with paragraph (a)(1) of this section; and

(c) We will ask FSIS to advise whether the intended conditions of use comply with applicable statutes and regulations, or, if not, whether the use of the substance would be permitted in products under FSIS' jurisdiction under specified conditions or restrictions.

(d) As appropriate, we will inform you of the advice we receive from FSIS in the letter we send you in accordance with § 170.265(b)(1).

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