Standard: HHS - 21 CFR PART 100


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Scope and purpose. (1) This subpart applies to the submission and consideration of petitions under section 403A(b) of the Federal Food, Drug, and Cosmetic Act (the act), by a State or a political subdivision of a State, requesting exemption of a State requirement from preemption under section 403A(a) of the act.

(2) Section 403A(b) of the act provides that where a State requirement has been preempted under section 403A(a) of the act, the State may petition the agency for an exemption. The agency may grant the exemption, under such conditions as it may prescribe by regulation, if the agency finds that the State requirement will not cause any food to be in violation of any applicable requirement under Federal law, will not unduly burden interstate commerce, and is designed to address a particular need for information that is not met by the preemptive Federal requirement.

Organization: Food and Drug Administration (Medical Products Quality Assurance)
Document Number: 21 cfr part 100
Publish Date: 2016-04-01
Page Count: 6
Available Languages: EN
DOD Adopted: NO
ANSI Approved: NO
Most Recent Revision: YES
Current Version: YES
Status: Active

Document History

Document # Change Type Update Date Revision Status
21 CFR PART 100 Change Type: COMPLETE REVISION Update Date: 2014-04-01 Status: ACTV
21 CFR PART 100 Change Type: COMPLETE REVISION Update Date: 2017-04-01 Status: ACTV
21 CFR PART 100 Change Type: COMPLETE REVISION Update Date: 2015-04-01 Status: ACTV

Standards That Reference This Standard

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