(1) Providing for an exemption from the operation of ORS 616.335 to 616.385 of the use or intended use of a specific food additive.

(2) Prescribing, with respect to one or more proposed uses of the food additive involved, the conditions under which such additive may be safely used including but not limited to, specifications as to the particular food or classes of food in or in which such additive may be used, the maximum quantity which may be used or permitted to remain in or on such food, the manner in which such additive may be added to or used in or on such food, and any directions or other labeling or packaging requirements for such additive deemed necessary to assure the safety of such use.

(3) Establishing and prescribing tolerances, if appropriate, to assure that the proposed use of a food additive will be safe. The department shall not:

(a) Fix such tolerance limitation at a level higher than it finds to be reasonably required to accomplish the physical or other technical effect for which such additive is intended.

(b) Establish a rule for such proposed use if it finds upon a fair evaluation of the data before it, that such data does not establish that such use would accomplish the intended physical or other technical effect.

(4) Prescribing for the exemption from the requirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified experts when in the opinion of the department, such exemption is consistent with the public health. [1961 c.637 §8; 1973 c.227 §18]