Ala. Admin. Code r. 420-3-20-.02

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-20-.02 - Adoption By Reference

(1)Adoption by reference of 21 CFR parts 1 through 100 - The following listed parts of Title 21 Code of Federal Regulations, Parts 1 through 100, 2013 Revision, promulgated by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, are hereby incorporated by reference and made a part of these rules as if set out in full and all provisions thereof are adopted as rules of the State Board of Health.

(a) Parts 1.20 through 1.24 (accurate labeling).

(b) Parts 7.1 through 7.13 (guaranty).

(c) Parts 7.40 through 7.59 (recalls).

(d) Parts 70.20 through 70.25 (packaging and labeling requirements for colors).

(e) Parts 73.1 through 73.615 (listing of color additives exempt from certification).

(f) Parts 74.101 through 74.706 (listing of color additives subject to certification).

(g) Part 81 (general specifications and restrictions for provisional color additives).

(h) Parts 82.3 through 82.706 (listing of certified provisionally listed colors and specifications).

(i) Part 100.155 (labeling of iodized salt).

(2)Adoption by reference of 21 CFR Parts 101 through 190 - Except as excluded in Rule 420-3-20.02(3), Title 21, Code of Federal Regulations, Parts 101 to 190, 2013 Revision, promulgated by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, is hereby incorporated by reference and made a part of these rules as if set out in full and all provisions thereof are adopted as rules of the State Board of Health.

(3)Exclusion - This adoption by reference of Title 21, Code of Federal Regulations, Chapter 1, Subchapter B, Parts 101 to 190, 2013 Revision, promulgated by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, specifically excludes these parts:

(a) Part 101.69 (refers to application to FDA for nutrient labeling).

(b) Part 101.108 (refers to FDA food labeling experiments).

(c) Part 102.19 (refers to petitions to FDA for food names).

(d) Part 106.120 (refers to infant formula quality procedures).

(e) Part 107.200 (refers to FDA-mandated recall of infant formula).

(f) Part 107.280 (refers to records retention of FDA-mandated recall of infant formula).

(g) Part 108 except Parts 108.25 and 108.35 (refers to FDA emergency permit control).

(h) Part 111 (refers to dietary supplements).

(i) Part 118 (refers to shell egg producers).

(j) Part 130.5-6 (refers to FDA procedure for establishing a food standard).

(k) Part 130.17 (refers to FDA allowance for temporary food standards).

(l) Part 170.6 (refers to FDA opinion letters on food additives).

(m) Parts 170.15 and 170.17 (refers to FDA commissioner).

(4)Availability - The above referenced Title 21, Code of Federal Regulations, is available at the office of Director, Division of Food, Milk, and Lodging, RSA Tower, Suite 1250, 201 Monroe Street, Montgomery, Alabama 36104.

(5)Control - Where there is inconsistency between Chapter 420-3-20 and parts incorporated by reference of Title 21 Code of Federal Regulations, Parts 1 to 190, 2013 Revision, these rules control. Where these rules are silent, those parts incorporated by reference of Title 21 Code of Federal Regulations, Parts 1 to 190, 2013 Revision, control.

Ala. Admin. Code r. 420-3-20-.02

Filed March 23, 1984. Repealed and New Rule: Filed November 19, 2010; effective December 24, 2010.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014.

Authors: Ronald Dawsey, Mitzi Waldo

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-20-5.