---
kind: "section"
citation: "21 C.F.R. § 112.178"
title: "21"
number: "112.178"
heading: "Under what circumstances may FDA deny a petition requesting a variance?"
url: "https://uscodex.org/cfr/21/112.178"
---

# §112.178. Under what circumstances may FDA deny a petition requesting a variance?


We may deny a variance request if it does not provide the information required under [§ 112.173](/cfr/21/112.173.md) (including the requirements of [§ 10.30](/cfr/21/10.30.md) of this chapter), or if we determine that the variance is not reasonably likely to ensure that the produce is not adulterated under [section 402](/cfr/21/402.md) of the Federal Food, Drug and Cosmetic Act and to provide the same level of public health protection as the requirements of this part.


## Notes

### Authority

Authority: 21 U.S.C. 321, 331, 342, 350h, 371; 42 U.S.C. 243, 264, 271.

### Source

Source: 80 FR 74547, Nov. 27, 2015, unless otherwise noted.