[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Rules and Regulations]
[Pages 46544-46545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22483]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 178
[Docket No. 96F-0092]
Indirect Food Additives: Adjuvants, Production Aids, and
Sanitizers
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the expanded safe use of
phosphorous acid, cyclic neopentanetetrayl bis(2,6-di-tert-butyl-4-
methylphenyl)ester for use as an antioxidant and/or stabilizer at
levels not to exceed 0.05 percent by weight of olefin polymers intended
for use in contact with food. This action is in response to a petition
filed by Asahi Denka Kogyo K. K.
DATES: Effective September 4, 1996; written objections and requests for
a hearing by October 4, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Vir D. Anand, Center for Food Safety
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3081.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of March 25, 1996 (61 FR 12075), FDA announced that a food
additive petition (FAP 6B4498) had been filed by Asahi Denka Kogyo K.
K., 2-13 Shirahata 5-Chome, Urawa City, Saitama 336, Japan. The
petition proposed to amend the food additive regulations in
Sec. 178.2010 Antioxidants and/or stabilizers for polymers (21 CFR
178.2010) to provide for the expanded safe use of phosphorous acid,
cyclic neopentanetetrayl bis(2,6-di-tert-butyl-4-methylphenyl)ester for
use as an antioxidant and/or stabilizer at levels not to exceed 0.05
percent by weight of olefins complying with 21 CFR 177.1520 intended
for use in contact with food.
FDA has evaluated data in the petition and other relevant material.
[[Page 46545]]
Based on this information, the agency concludes that the proposed use
of the additive is safe, that the additive will achieve its intended
technical effect, and therefore, that the regulations in Sec. 178.2010
should be amended as set forth below.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in Sec. 171.1(h),
the agency will delete from the documents any materials that are not
available for public disclosure before making the documents available
for inspection.
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.
Any person who will be adversely affected by this regulation may at
any time on or before October 4, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 178
Food additives, Food packaging.
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, 21 CFR part 178 is amended as follows:
PART 178--INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND
SANITIZERS
1. The authority citation for 21 CFR part 178 continues to read as
follows:
Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. Section 178.2010 is amended in the table in paragraph (b) by
revising the entry for ``Phosphorous acid, cyclic neopentanetetrayl
bis(2,6-di-tert-butyl-4-methylphenyl)ester'' under the heading
``Substances'' and by adding a new entry ``2.'' under the heading
``Limitations'' to read as follows:
Sec. 178.2010 Antioxidants and/or stabilizers for polymers.
* * * * *
(b) * * *
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Substances Limitations
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* * * * * *
*
Phosphorous acid, cyclic neopentanetetrayl bis(2,6-di-
tert-butyl-4-methylphenyl)ester (CAS Reg. No. 80693-00-
1)..................................................... For use only:
...................................................... 1. At levels not to exceed 0.25 percent by weight of
polypropylene complying with Sec. 177.1520 of this
chapter. * * *
...................................................... 2. At levels not to exceed 0.05 percent by weight of
polymers complying with Sec. 177.1520(c) of this
chapter, item 3.1 or 3.2, and with a maximum
thickness of 100 micrometers (0.004 inch) for use
with all food types under conditions of use B, C, D,
E, F, G, and H described in Table 2 of Sec.
176.170(c) of this chapter.
* * * * * *
*
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Dated: August 20, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-22483 Filed 9-3-96; 8:45 am]
BILLING CODE 4160-01-F
