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(a) If the Commissioner determines, after such investigations as he considers to be necessary, that:
(1) A request submitted in accordance with §80.21 appears to contain no untrue statement of a material fact;
(2) Such color additive conforms to the specifications and any other conditions set forth therefor in parts 81 and 82 of this chapter.
(3) The batch covered by such request otherwise appears to comply with the regulations in this chapter, the Commissioner shall issue to the person who submitted such request a certificate showing the lot number assigned to such batch and that such batch, subject to the terms, conditions, and restrictions prescribed by part 74, 81, and 82 of this chapter, is a certified batch.
(b) If the Commissioner determines, after such investigation as he considers to be necessary, that a request submitted in accordance with §80.21, or the batch of color additive covered by such request, does not comply with the requirements prescribed by paragraph (a) of this section for the issuance of a certificate, the Commissioner shall refuse to certify such batch and shall give notice thereof to the person who submitted such request, stating his reasons for refusal. Any person who contests such refusal shall have an opportunity for a regulatory hearing before the Food and Drug Administration pursuant to part 16 of this chapter.