98-11681. Lipase Enzyme Preparation From Rhizopus Niveus; Affirmation of GRAS Status as a Direct Food Ingredient  

  • [Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
    [Rules and Regulations]
    [Pages 24416-24419]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-11681]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Part 184
    
    [Docket No. 90G-0412]
    
    
    Lipase Enzyme Preparation From Rhizopus Niveus; Affirmation of 
    GRAS Status as a Direct Food Ingredient
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Final rule.
    
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    SUMMARY: The Food and Drug Administration (FDA) is amending its 
    regulations to affirm that lipase enzyme preparation derived from 
    Rhizopus niveus is generally recognized as safe (GRAS) for use as a 
    direct human food ingredient. This action is in response to a petition 
    submitted by Fuji Oil Co., Ltd.
    
    DATES: The regulation is effective May 4, 1998. The Director of the 
    Office of the Federal Register approves the incorporation by reference 
    in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain 
    publication listed in Sec. 184.1420 (21 CFR 184.1420), effective May 4, 
    1998.
    
    FOR FURTHER INFORMATION CONTACT:  Linda S. Kahl, Center for Food Safety 
    and Applied Nutrition (HFS-206), Food and Drug Administration, 200 C 
    St. SW., Washington, DC 20204, 202-418-3101.
    
    SUPPLEMENTARY INFORMATION: 
    
    I. Background
    
        In accordance with the procedures described in 21 CFR 170.35, Fuji 
    Oil Co., Ltd., submitted a petition (GRASP 7G0330) requesting that 
    lipase-protease enzyme preparation from R. niveus be affirmed as GRAS 
    for use as a direct human food ingredient. FDA published a notice of 
    filing of this petition in the Federal Register of June 18, 1992 (57 FR 
    27256), and gave interested persons an opportunity to submit comments 
    to the Dockets Management Branch (HFA-305), Food and Drug 
    Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. FDA 
    received no comments in response to the filing notice.
        Although the petitioner proposed that the subject enzyme 
    preparation be called by the common or usual name ``lipase-protease,'' 
    the proposed use of the enzyme preparation is solely for its lipase 
    activity. The GRAS exemption described in section 201(s) of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 321(s)) specifies that a GRAS 
    substance must be generally recognized as safe ``under the conditions 
    of its intended use.'' Thus, affirmation of GRAS status pertains to the 
    particular use of a substance. Accordingly, FDA considers the enzyme 
    preparation that is the subject of this document to be ``lipase enzyme 
    preparation.'' To avoid confusion between lipase, the enzyme, and the 
    lipase-containing enzyme preparation, which contains lipase as its 
    characterizing enzyme activity, but which also contains diatomaceous 
    earth as a carrier and may contain other enzyme activities and 
    impurities, this document will henceforth use the terms ``lipase'' to 
    refer to the enzyme and ``lipase enzyme preparation'' to refer to the 
    fermentation-derived lipase enzyme preparation, including the carrier 
    diatomaceous earth.
    
    II. Standards for GRAS Affirmation
    
        Under Sec. 170.30 (21 CFR 170.30), general recognition of safety 
    may be based only on the views of experts qualified by scientific 
    training and experience to evaluate the safety of substances directly 
    or indirectly added to food. The basis of such views may be either 
    scientific procedures or, in the case of a substance used in food prior 
    to January 1, 1958, experience based on common use in food. General 
    recognition of safety based upon scientific procedures requires the 
    same quantity and quality of scientific evidence as is required to 
    obtain approval of a food additive regulation and ordinarily is based 
    upon published studies, which may be corroborated by unpublished 
    studies and other data and information (Sec. 170.30(b)). General 
    recognition of safety through experience based on common use in food 
    prior to January 1, 1958, may be determined without the quantity or 
    quality of scientific procedures required for approval of a food 
    additive regulation, and ordinarily is based upon generally available 
    data and information.
        FDA has evaluated Fuji Oil Co., Ltd.'s petition on the basis of 
    scientific procedures to establish that the use of lipase enzyme 
    preparation as an enzymatic catalyst for the interesterification of 
    fats and oils is GRAS. In evaluating the petition, FDA considered: (1) 
    Published and unpublished data and information relating to the identity 
    and function of the enzyme component (i.e., lipase) (Refs. 1 through 
    5); (2) published and unpublished data and information relating to the 
    production organism (Ref. 6); and (3) published and unpublished 
    information, methods, and principles relating to the methods and 
    processing aids used in the manufacture of the enzyme preparation 
    (Refs. 4 and 7 through 10).
    
    III. Safety Evaluation
    
    A. Introduction
    
        Commercial enzyme preparations that are used in food processing 
    typically are not chemically pure but contain, in addition to the 
    enzyme component, other components that derive from the production 
    organism and the fermentation media, residual amounts of processing 
    aids, and substances used as stabilizers, preservatives or diluents. 
    Issues relevant to a safety evaluation of the enzyme preparation 
    therefore include the safety of the enzyme component, the safety of the 
    enzyme source, and the safety of processing aids and other substances 
    added during the manufacturing process. As with all substances added to 
    food, a safety evaluation of an enzyme preparation also includes 
    consideration of dietary exposure to that preparation.
    
    B. The Enzyme Component
    
        Triglycerides are fats or oils comprised of fatty acids linked by 
    ester bonds to each of the three hydroxyl groups of glycerol. 
    Triacylglycerol lipases catalyze the hydrolysis of these ester bonds 
    and can be grouped according to their specificity. The lipase produced 
    by Geotrichum candidium, for example, preferentially cleaves 
    triglycerides containing long-chain fatty acids with a cis double bond 
    in the 9-position, but such specificity for the hydrolysis of esters 
    containing a particular type of fatty acid is unusual. Several other 
    lipases (e.g., the lipase derived from Candida cylindracae) are 
    nonspecific with respect to either the chemical structure of the fatty 
    acid moiety, or the position of the ester bond, that is hydrolyzed; 
    these lipases catalyze the complete breakdown of triglycerides into 
    glycerol and free fatty acids, and the mono- and diglycerides that are 
    intermediates in the reaction do not normally accumulate (Refs. 2 and 
    4).
        The largest group of triacylglycerol lipases exhibits specificity 
    with respect to the position of the ester bond that is cleaved, i.e., 
    only bonds at the 1- or 3-position of the glycerol component are 
    hydrolyzed. Most of the lipases that are commonly used in food 
    processing (e.g., animal lipase, esterase-lipase from Mucor miehei, and 
    lipases derived from Aspergillus niger, M. javanicus, and R. delemar), 
    including the R. niveus-derived lipase that is the subject of this 
    document, belong to this group (EC No. 3.1.1.3; CAS Reg. No. 9001-62-1) 
    (Refs. 2, 4, and 11).
        Although the petitioner did not address the detailed molecular 
    structure of lipase from R. niveus, most lipases that have been 
    characterized at the
    
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    molecular level are glycoproteins that contain between 2 and 15 percent 
    carbohydrates, with mannose as the major glycoside (Ref. 4). Lipases 
    from animal and microbial sources have a long history of use in food. 
    Animal lipase (21 CFR 184.1415) is affirmed as GRAS based on its common 
    use in food prior to January 1, 1958. Esterase-lipase from the fungus 
    M. miehei (21 CFR 173.140) is approved for use as a food additive. 
    These enzymes are commonly used to enhance flavor production in cheese 
    and in butterfat (Refs. 1, 12, and 13). In addition, lipases from 
    animal sources (e.g., bovine stomach and hog or porcine pancreas) and 
    microbial sources (including R. arrhizus, R. delemar, and R. niveus) 
    have been listed in the Codex Alimentarius Commission ``Inventory of 
    Processing Aids'' (Ref. 14).
        The reaction product of the R. niveus-derived lipase is a mixture 
    of mono- and diglycerides and free fatty acids (Refs. 2 through 5). The 
    reaction catalyzed by this lipase is reversible and, therefore, under 
    appropriate conditions the enzyme can catalyze the synthesis of 
    triglycerides from a mixture of glycerides and free fatty acids. When 
    this combination of hydrolysis and synthesis occurs within a mixture of 
    triglycerides, or within a mixture of triglycerides and fatty acid 
    esters, the reaction products are triglycerides that have been 
    interesterified, i.e., triglycerides in which the fatty acid components 
    have been exchanged between triglyceride molecules or between 
    triglyceride molecules and fatty acid esters (Refs. 1 through 5). For 
    example, the GRAS food ingredient ``cocoa butter substitute primarily 
    from palm oil'' may be manufactured by the lipase-catalyzed 
    interesterification of partially saturated palm oil-derived 
    triglycerides with the fatty acid ester ethyl stearate (21 CFR 
    184.1259).
        Interesterification also can be achieved through the use of 
    chemical catalysts such as sodium methylate. Such chemical catalysis 
    results in random interesterification, in which fatty acid interchange 
    occurs at all three positions on the glycerol backbone. In contrast, 
    enzymatic catalysis with a lipase, such as the lipase that is the 
    subject of this document, results in selective interesterification at 
    the 1- and 3-positions only. Random interesterification is used 
    commercially in the manufacture of margarines and shortenings, but 
    lipase-catalyzed selective interesterification, which allows an 
    unsaturated fatty acid to remain at the 2-position, is important in the 
    manufacture of fats and oils used in confectionery, such as cocoa 
    butter substitute primarily from palm oil (Refs. 2 through 4). The 
    petitioner stated that one of the primary uses of R. niveus-derived 
    lipase enzyme preparation would be in the manufacture of cocoa butter 
    substitute primarily from palm oil.
        In general, issues relevant to a safety evaluation of proteins such 
    as the enzyme component of an enzyme preparation are potential toxicity 
    and allergenicity (Ref. 15). Pariza and Foster (Ref. 15) note that very 
    few toxic agents have enzymatic properties, and those that do (e.g., 
    diphtheria toxin and certain enzymes in the venom of poisonous snakes) 
    catalyze unusual reactions that are not related to the reactions 
    catalyzed by enzymes that are commonly used in food processing, such as 
    the lipase that is the subject of this document. Further, the agency 
    has recently noted, in the context of guidance to industry regarding 
    the safety assessment of new plant varieties, that enzymes themselves 
    do not generally raise safety concerns (57 FR 22984 at 23005, May 29, 
    1992). Exceptions include enzymes that produce substances that are not 
    ordinarily digested and metabolized, or that produce toxic substances.
        The catalytic activities of the lipase that is the subject of this 
    document are well known. As already discussed, lipase catalyzes two 
    related reactions: (1) The splitting of commonly consumed triglycerides 
    into smaller components, i.e., fatty acids and mono- and diglycerides; 
    and (2) the synthesis of triglycerides from fatty acids and mono- and 
    diglycerides. The reaction products (i.e., fatty acids, mono- and 
    diglycerides, and triglycerides) from both of these reactions are 
    readily metabolized by the human body and do not have toxic properties 
    (Ref. 16).
        The agency is not aware of any reports of allergic reactions 
    associated with the ingestion of enzymes derived from Rhizopus species. 
    There have been, however, some reports of allergies and primary 
    irritations from skin contact with enzymes or from inhalation of dust 
    from concentrated enzymes (e.g., proteases used in the manufacture of 
    laundry detergents) (Refs. 17 through 19). These reports relate 
    primarily to workers in production plants (Ref. 18) and are not 
    relevant to an evaluation of the safety of ingestion of such enzymes in 
    food. Moreover, Pariza and Foster (Ref. 15) note that there are no 
    confirmed reports of primary irritations in consumers caused by 
    residues of food processing enzymes in food.
        FDA concludes that generally available and accepted data and 
    information establish that the use of lipase in food raises no toxicity 
    or allergenicity concerns. FDA also concludes that generally available 
    and accepted data and information establish that the lipase that is the 
    subject of this document is capable of achieving its intended technical 
    effect. Finally, FDA concludes that generally available and accepted 
    data and information establish that the lipase that is the subject of 
    this document is similar in function to other lipases that are used in 
    food processing to catalyze the hydrolysis of ester bonds at the 1- or 
    3-position of the glycerol component of a triglyceride.
    
    C. Enzyme Source, Manufacturing Methods, and Processing Aids
    
        The source of the lipase that is the subject of this document is 
    the fungus R. niveus. Fungally-derived enzyme preparations used in food 
    processing are usually not chemically pure but contain, in addition to 
    the enzyme component, other components that derive from the production 
    organism and the fermentation media, residual amounts of processing 
    aids, and substances used as stabilizers, preservatives or diluents. 
    The petitioned enzyme preparation meets the general requirements and 
    additional requirements for enzyme preparations in the monograph on 
    Enzyme Preparations in the Food Chemicals Codex, 4th ed. (Ref. 20). 
    When the R. niveus-derived lipase enzyme preparation is produced in 
    accordance with current good manufacturing practice (CGMP), it is 
    produced using processing aids that are substances that are acceptable 
    for general use in foods and under culture conditions that ensure a 
    controlled fermentation, thus preventing the introduction of extraneous 
    microorganisms that could be the source of toxic materials and other 
    toxic substances (Ref. 20).
        The lipase enzyme preparation is produced in a multistage process 
    by controlled fermentation\1\ using a pure culture of the fungus R. 
    niveus followed by isolation of the enzyme-containing fraction. Prior 
    to its use in the interesterification of fats and oils, the enzyme-
    containing fraction is adsorbed onto diatomaceous earth as a carrier. 
    These methods are based upon generally available and accepted methods 
    used for fermentation, for processing fermentation-derived enzyme-
    containing fractions, and for immobilizing an enzyme-containing 
    fraction on an insoluble carrier (Refs. 4 and 7 through 10).
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        \1\ The stage of the manufacturing process in which the enzyme 
    is being produced by an actively growing culture of microorganisms 
    is referred to as fermentation.
    
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    [[Page 24418]]
    
        In the initial stage of the fermentation process, the seed cultures 
    of R. niveus are checked for purity and classification after growth on 
    a potato-agar medium. The production cultures are suspended in sterile 
    water and added to a previously autoclaved wheat bran culture medium. 
    After growth for 28 to 32 hours, the broth is checked for quality and 
    added to large batch-fermentors containing sterilized growth medium 
    (semisolid wheat bran). The culture is monitored until the water 
    content and pH value of the resulting malt, which is referred to as the 
    ``koji,'' reach standard requirements.
        A cell-free extract of the enzymes that are components of the 
    fermentation mixture is prepared by sprinkling and steeping the koji 
    with cold water, filtering the extracted koji through a filter press 
    and a fine filtration apparatus, and precipitating the enzymes that are 
    present in the resulting filtrate with ethanol. After decanting the 
    supernatant and centrifuging the remaining slurry, the sediment 
    containing the extracted enzymes is collected and dried overnight in a 
    vacuum-dryer at 40 to 45  deg.C. The dried powder is ground, sized, and 
    mixed before storing at room temperature. The finished product is 
    adjusted to a standard activity by mixing the enzyme powder with 
    dextrin as an excipient. The standardized enzyme powder is adsorbed 
    onto diatomaceous earth carrier prior to its use in the 
    interesterification of fats or oils. The petitioner provided a 
    published scientific review article that discusses this immobilization 
    technique with respect to use of lipase enzyme preparations (Ref. 4).
        The production strain of R. niveus that is the source of the lipase 
    enzyme is nontoxigenic and nonpathogenic. The manufacturing methods 
    completely remove the organism from the enzyme-containing fraction 
    (Ref. 4). Moreover, the petitioner provided documentation, based upon 
    published methods for strain identification (Ref. 6), showing that the 
    production strain was taxonomically identical to the strain used for 
    the production of R. niveus-derived amyloglucosidase enzyme 
    preparation, which is approved for use as a secondary direct food 
    additive (21 CFR 173.110).
        FDA concludes that the presence of added substances and impurities 
    that are derived from the enzyme source or that are introduced by 
    manufacturing does not present a basis for concern about the safety of 
    the lipase enzyme preparation.
    
    D. Dietary Exposure
    
        FDA considered the estimated dietary exposure to lipase enzyme 
    preparation for the proposed use as an enzymatic catalyst in the 
    interesterification of fats and oils (Refs. 21 through 23). The 
    predominant source of potential exposure to the total organic solids in 
    the enzyme preparation will be baked goods that use interesterified fat 
    at levels up to 30 percent. The petitioner stated that the standardized 
    enzyme powder is adsorbed onto diatomaceous earth carrier prior to its 
    use in the interesterification of fats or oils, so that it can be 
    removed from the modified triglyceride following the enzyme-catalyzed 
    interesterification. Because the adsorbed enzyme preparation is removed 
    from the interesterified product following catalysis, no detectable 
    enzyme remains in the interesterified product.
        FDA concludes that dietary exposure to the lipase enzyme 
    preparation is negligible and therefore does not present a basis for 
    concern about use of the lipase enzyme preparation.
    
    IV. Specifications
    
        The agency finds that, because the potential impurities in the 
    lipase enzyme preparation that may originate from the source or 
    manufacturing process do not raise any basis for concern about the safe 
    use of the preparation, the general requirements and additional 
    requirements for enzyme preparations in the monograph on Enzyme 
    Preparations in the Food Chemicals Codex, 4th ed. (1996), which are 
    being incorporated by reference in accordance with 5 U.S.C. 552(a) and 
    1 CFR part 51, are adequate as minimum criteria for food-grade lipase 
    enzyme preparation. Lipase assay can be performed using a method 
    entitled ``Lipase Activity'' (Ref. 24) or by using any appropriate 
    validated method.
    
    V. Conclusions
    
        The agency has evaluated all available information and finds, based 
    upon the published information about the identity and function of 
    lipase, that the enzyme component of lipase enzyme preparation will 
    achieve its intended technical effect and raises no toxicity or 
    allergenicity concerns. In addition, the agency finds, based upon the 
    published information about the identity and function of lipase, that 
    the enzyme component of the lipase enzyme preparation is similar in 
    function to other lipases that are used in food processing to catalyze 
    the hydrolysis of ester bonds at the 1- or 3-position of the glycerol 
    component of a triglyceride. The agency further finds, based upon 
    generally available and accepted information, that when the lipase 
    enzyme preparation is manufactured in accordance with Sec. 184.1420, 
    the source, R. niveus, and the manufacturing process will not introduce 
    impurities into the preparation that may render its use unsafe. 
    Finally, the agency finds that dietary exposure to the lipase enzyme 
    preparation from the petitioned use does not present a basis for 
    concern about use of the lipase enzyme preparation. Therefore, the 
    agency concludes, based upon the evaluation of published data and 
    information, corroborated by unpublished data and information, and 
    based upon scientific procedures (Sec. 170.30(b)), that the lipase 
    enzyme preparation described in the regulation set out below is GRAS 
    for use as an enzymatic catalyst in the interesterification of fats and 
    oils.
    
    VI. Environmental Considerations
    
        The agency has carefully considered the potential environmental 
    effects of this action. FDA has concluded that the action will not have 
    a significant impact on the human environment, and that an 
    environmental impact statement is not required. The agency's finding of 
    no significant impact and the evidence supporting that finding, 
    contained in an environmental assessment, may be seen in the Dockets 
    Management Branch (address above) between 9 a.m. and 4 p.m., Monday 
    through Friday.
    
    VII. Analysis For Executive Order 12866
    
        FDA has examined the impacts of this final rule under Executive 
    Order 12866. Executive Order 12866 directs Federal agencies to assess 
    the costs and benefits of available regulatory alternatives and, when 
    regulation is necessary, to select regulatory approaches that maximize 
    net benefits (including potential economic, environmental, public 
    health and safety effects; distributive impacts; and equity). According 
    to Executive Order 12866, a regulatory action is significant if it 
    meets any one of a number of specified conditions, including having an 
    annual effect on the economy of $100 million, adversely affecting in a 
    material way a sector of the economy, competition, or jobs, or if it 
    raises novel legal or policy issues. FDA finds that this final rule is 
    not a significant regulatory action as defined by Executive Order 
    12866. In addition, the agency has determined that this final rule is 
    not a major rule for the purpose of Congressional review.
        The primary benefit of this action is to remove uncertainty about 
    the regulatory status of the petitioned
    
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    substance. No compliance costs are associated with this final rule 
    because no new activity is required and no current or future activity 
    is prohibited by this rule.
    
    VIII. Regulatory Flexibility Analysis
    
        FDA has examined the impacts of this final rule under the 
    Regulatory Flexibility Act. The Regulatory Flexibility Act (5 U.S.C. 
    601-612) requires Federal agencies to consider alternatives that would 
    minimize the economic impact of their regulations on small entities. No 
    compliance costs are associated with this final rule because no new 
    activity is required and no current or future activity is prohibited. 
    Accordingly, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
    the agency certifies that this final rule will not have a significant 
    economic impact on a substantial number of small entities.
    
    IX. References
    
         The following references have been placed on display in the 
    Dockets Management Branch (address above) and may be seen by interested 
    persons between 9 a.m. and 4 p.m., Monday through Friday.
         1. Scott, D., ``Enzymes, Industrial,'' Encyclopedia of Chemical 
    Technology, edited by Mark, H. F. et al., John Wiley and Sons, New 
    York, 3d ed., 9:173-224, 1978.
        2. MacRae, A. R., ``Lipase-Catalyzed Interesterification of Fats 
    and Oils,'' Journal of the American Oil Chemists Society, 60:291-
    294, 1983.
        3. Ratledge, C., ``Biotechnology as Applied to the Oils and Fats 
    Industry,'' Fette Seifen Anstrichmittel, 86:379-389, 1984.
        4. MacRae, A. R., and R. C. Hammond, ``Present and Future 
    Applications of Lipases,'' Biotechnology and Genetic Engineering 
    Reviews, 3:193-217, 1985.
        5. IUB, ``Enzyme Nomenclature 1992,'' Academic Press, New York, 
    p. 307, 1992.
        6. Inui, T., Y. Takeda, and H. Iizuka, ``Taxonomical Studies on 
    Genus Rhizopus,'' Journal of General and Applied Microbiology, 11:1-
    121, 1965.
        7. Beckhorn, E. J., M. D. Labee, and L. A. Underkofler, 
    ``Production and Use of Microbial Enzymes for Food Processing,'' 
    Journal of Agricultural and Food Chemistry, 13:30-34, 1965.
        8. Underkofler, L. A., R. R. Barton, and S. S. Rennet, 
    ``Microbiological Process Report--Production of Microbial Enzymes 
    and Their Applications,'' Applied Microbiology, 6:212-221, 1958.
        9. Chibata, Ichiro, ed., Immobilized Enzymes--Research and 
    Development, John Wiley and Sons, New York, 1978.
        10. Chaplin, M. F., and C. Bucke, Enzyme Technology, Cambridge 
    University Press, New York, 1990.
        11. Shahani, K. M., ``Lipases and Esterases,'' Enzymes in Food 
    Processing, edited by Reed, G., Academic Press, New York, 2d ed., 
    pp. 208-214, 1975.
        12. Reed, G., ``Industrial Enzymes-Now Speed Natural 
    Processes,'' Food Engineering, 24:105-109, 1952.
        13. De Becze, G. I., ``Food Enzymes,'' Critical Reviews in Food 
    Technology, 1:479-518, 1970.
        14. Codex Alimentarius, Joint FAO/WHO Food Standards Programme, 
    Food and Agriculture Organization of the United Nations/World Health 
    Organization, Rome, vol. 1, 2d ed., 1992.
        15. Pariza, M. W., and E. M. Foster, ``Determining the Safety of 
    Enzymes Used in Food Processing,'' Journal of Food Protection, 
    46:453-468, 1983.
        16. Shils, M. E., J. A. Olson and M. Shike, eds., Modern 
    Nutrition in Health and Disease, Lea & Febiger, Philadelphia, 8th 
    ed., pp. 51-57, 1994.
        17. ``Evaluation of the Health Aspects of Papain as a Food 
    Ingredient,'' Select Committee on GRAS Substances, Washington, DC, 
    available through U.S. Department of Commerce, National Technical 
    Information Service, Order No. PB-274-174, 1977.
        18. Fulwiler, R. D., ``Detergent Enzymes--An Industrial Hygiene 
    Challenge,'' American Industrial Hygiene Association Journal, 32:73-
    81, 1971.
        19. ``Enzyme-containing Laundering Compounds and Consumer 
    Health,'' National Research Council/National Academy of Sciences, 
    National Technical Information Service, Washington, DC, Order No. 
    PB-204-118, 1971.
        20. Monograph on ``Enzyme Preparations,'' Food Chemicals Codex, 
    National Academy Press, Washington, DC, 4th ed., pp. 131 and 133-
    134, 1996.
        21. Memorandum dated October 21, 1988, from Food and Color 
    Additives Review Section, FDA, to Direct Additives Branch, FDA, 
    ``Lipase/Protease Enzyme Preparation Derived from Rhizopus niveus.''
        22. Memorandum dated March 8, 1989, from Food and Color 
    Additives Review Section, FDA, to Direct Additives Branch, FDA, 
    ``Lipase-Protease Enzyme Preparation from Rhizopus niveus.''
        23. Memorandum dated April 3, 1990, from Food and Color 
    Additives Review Section, FDA, to Direct Additives Branch, FDA, 
    ``Lipase/Protease Enzyme Preparation from Rhizopus niveus. 
    Refinement of Estimated Daily Intake (EDI). Submission of 3-6-90.''
        24. Monograph on ``Enzyme Preparations,'' Food Chemicals Codex, 
    National Academy Press, Washington, DC, 4th ed., p. 803, 1996.
    
    List of Subjects in 21 CFR Part 184
    
        Food additives, Incorporation by reference.
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, and 
    redelegated to the Director, Center for Food Safety and Applied 
    Nutrition, part 184 is amended as follows:
    
    PART 184--DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED 
    AS SAFE
    
        1. The authority citation for 21 CFR part 184 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 321, 342, 348, 371.
        2. Section 184.1420 is added to subpart B to read as follows:
    
    
    Sec. 184.1420  Lipase enzyme preparation derived from Rhizopus niveus.
    
        (a) Lipase enzyme preparation contains lipase enzyme (CAS Reg. No. 
    9001-62-1), which is obtained from the culture filtrate resulting from 
    a pure culture fermentation of a nonpathogenic and nontoxigenic strain 
    of Rhizopus niveus. The enzyme preparation also contains diatomaceous 
    earth as a carrier. The characterizing activity of the enzyme, which 
    catalyzes the interesterification of fats and oils at the 1- and 3-
    positions of triglycerides, is triacylglycerol lipase (EC 3.1.1.3).
        (b) The ingredient meets the general requirements and additional 
    requirements for enzyme preparations in the monograph on Enzyme 
    Preparations in the ``Food Chemicals Codex,'' 4th ed. (1996), pp. 133 
    and 134, which is incorporated by reference in accordance with 5 U.S.C. 
    552(a) and 1 CFR part 51. Copies are available from the National 
    Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or may 
    be examined at the Center for Food Safety and Applied Nutrition's 
    Library, 200 C St. SW., rm. 3321, Washington, DC, or the Office of the 
    Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC.
        (c) In accordance with Sec. 184.1(b)(1), the ingredient is used in 
    food with no limitation other than current good manufacturing practice. 
    The affirmation of this ingredient as generally recognized as safe as a 
    direct human food ingredient is based upon the following current good 
    manufacturing practice conditions of use:
        (1) The ingredient is used as an enzyme as defined in 
    Sec. 170.3(o)(9) of this chapter for the interesterification of fats 
    and oils.
        (2) The ingredient is used in food at levels not to exceed current 
    good manufacturing practice.
    
        Dated: April 14, 1998.
    L. Robert Lake,
    Director, Office of Policy, Planning and Strategic Initiatives, Center 
    for Food Safety and Applied Nutrition.
    [FR Doc. 98-11681 Filed 5-1-98; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Effective Date:
5/4/1998
Published:
05/04/1998
Department:
Food and Drug Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-11681
Dates:
The regulation is effective May 4, 1998. The Director of the Office of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain publication listed in Sec. 184.1420 (21 CFR 184.1420), effective May 4, 1998.
Pages:
24416-24419 (4 pages)
Docket Numbers:
Docket No. 90G-0412
PDF File:
98-11681.pdf
CFR: (2)
21 CFR 170.3(o)(9)
21 CFR 184.1420