Data and information submitted under Sec. 809.10(c) that are shown to fall within the exemption established in Sec. 20.61 of this chapter shall be treated as confidential by the Food and Drug Administration and any person to whom the data and information are referred. The Food and Drug Administration will determine whether information submitted will be treated as confidential in accordance with the provisions of part 20 of this chapter. [45 FR 7484, Feb. 1, 1980]