[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR80.10]
 
[Page 430]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
                                SERVICES
 
PART 80--COLOR ADDITIVE CERTIFICATION--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 80.10  Fees for certification services.
 
 
    (a) Fees for straight colors including lakes. The fee for the
services provided by the regulations in this part in the case of each
request for certification submitted in accordance with Sec. 80.21(j)(1)
and (j)(2) shall be 30 cents per pound of the batch covered by such
requests, but no such fee shall be less than $192.
    (b) Fees for repacks of certified color additives and color additive
mixtures. The fees for the services provided under the regulations in
this part in the case of each request for certification submitted in
accordance with Sec. 80.21(j)(3) and (j)(4) shall be:
    (1) 100 pounds or less--$30.
    (2) Over 100 pounds but not over 1,000 pounds--$30 plus 6 cents for
each pound over 100 pounds.
    (3) Over 1,000 pounds--$84 plus 2 cents for each pound over 1,000
pounds.
    (c) Advance deposits. Any person regularly requesting certification
services may deposit funds in advance of requests as prepayment of fees
required by this section.
    (d) Method of payment. All deposits and fees required by this
section shall be paid by money order, bank draft, or certified check,
drawn to the order of the Food and Drug Administration, collectable at
par at Washington, DC. All such deposits and fees shall be forwarded to
the Center for Food Safety and Applied Nutrition (HFS-100), Food and
Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740,
whereupon after making appropriate records thereof, they will be
transmitted to the Treasurer of the United States for deposit to the
special account ``Salaries and Expenses, Certification, Inspection, and
Other Services, Food and Drug Administration.''
    (e) Refunds from advance deposits. Whenever in the judgment of the
Commissioner the ratio between fees collected (which are based upon
experience and the best estimate of costs and the best estimate of
earnings) and the costs of providing the service during an elapsed
period of time, in the light of all circumstances and contingencies,
warrants a refund from the fund collected during such period, he shall
make ratable refunds to those persons to whom the services were rendered
and charged, except that no refund shall be made where the computed
ratable amount for the elapsed period is less than $5.00.
 
[42 FR 15662, Mar. 22, 1977, as amended at 47 FR 24692, June 8, 1982; 54
FR 24890, June 12, 1989; 59 FR 60899, Nov. 29, 1994; 61 FR 3572, Feb. 1,
1996; 61 FR 14479, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001]