§170.17 Exemption for investigational use and procedure for obtaining authorization to market edible products from experimental animals.

　　     A food additive or food containing a food additive intended for investigational use by qualified experts shall be exempt from the requirements of section 409 of the Act under the following conditions:

　　（a） If intended for investigational use in vitro or in laboratory research animals, it bears a label which states prominently, in addition to the other information required by the act, the warning:

　　Caution. Contains a new food additive for investigational use only in laboratory research animals or for tests in vitro. Not for use in humans.

　　（b） If intended for use in animals other than laboratory research animals and if the edible products of the animals are to be marketed as food, permission for the marketing of the edible products as food has been requested by the sponsor, and authorization has been granted by the Food and Drug Administration in accordance with § 511.1 of this chapter or by the Department of Agriculture in accordance with 9 CFR 309.17, and it bears a label which states prominently, in addition to the other information required by the Act, the warning:

　　Caution. Contains a new food additive for use only in investigational animals. Not for use in humans.

　　Edible products of investigational animals are not to be used for food unless authorization has been granted by the U.S. Food and Drug Administration or by the U.S. Department of Agriculture.

　　（c） If intended for nonclinical laboratory studies in food-producing animals, the study is conducted in compliance with the regulations set forth in part 58 of this chapter.

　　　[42 FR 14483, Mar. 15, 1977, as amended at 43 FR 60021, Dec. 22, 1978]