§ 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 §80.21（j）（1） and （j）（2） shall be $0.35 per pound of the batch covered by such requests, but no such fee shall be less than $224.

　　（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 §80.21（j）（3） and （j）（4） shall be:

　　（1） 100 pounds or less—$35.

　　（2） Over 100 pounds but not over 1,000 pounds—$35 plus $0.06 for each pound over 100 pounds.

　　（3） Over 1,000 pounds—$89 plus $0.02 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; 70 FR 15756, Mar. 29, 2005; 71 FR 70875, Dec. 7, 2006]