9 CFR 317.4 Labeling approval; temporaries
317.4.f.1 Consistent with the requirements of this section, temporary approval for the use of a final label or other final labeling that may otherwise be deemed deficient in some particular may be granted by the Food Labeling Division. Temporary approvals may be granted for a period not to exceed 180 calendar days, under the following conditions:

        (i) The proposed labeling would not misrepresent the product;

        (ii) The use of the labeling would not present any potential health, safety, or dietary problems to the consumer;

        (iii) Denial of the request would create undue economic hardship; and

        (iv) An unfair competitive advantage would not result from the granting of the temporary approval.

317.4.f.2 Extensions of temporary approvals may also be granted by the Food Labeling Division provided that the applicant demonstrates that new circumstances, meeting the above criteria, have developed since the original temporary approval was granted.
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