[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39648-39649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19093]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 178

[Docket No. 94F-0423]


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 safe use of 4-chloro-2-[[5-
hydroxy-3-methyl-1-(3-sulfophenyl)-1H-pyrazol-4-yl]azo]-5-
methylbenzenesulfonic acid, calcium salt (1:1) (C. I. Pigment Yellow 
191) as a colorant for all polymers intended for use in contact with 
food. This action is in response to a petition filed by Hoechst 
Celanese Corp.

DATES: Effective August 3, 1995; ; written objections and request for a 
hearing by September 5, 1995.

ADDRESSES: Submit written objections to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., 
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 December 29, 1994 (59 FR 67301), FDA announced that a food 
additive petition (FAP 5B4441) had been filed by Hoechst Celanese 
Corp., 500 Washington St., Coventry, RI 02816. The petition proposed to 
amend the food additive regulations in Sec. 178.3297 Colorants for 
polymers (21 CFR 178.3297) to provide for the safe use of 
benzenesulfonic acid, 4-chloro-2-[[5-hydroxy-3-methyl-1-(3-
sulfophenyl)-1H-pyrazol-4-yl]azo]-5-methyl-,calcium salt (1:1) (C. I. 
Pigment Yellow 191) as a colorant in all polymers intended for use in 
contact with food. In this final rule the agency is using the 
alternative name 4-chloro-2-[[5-hydroxy-3-methyl-1-(3-sulfophenyl)-1H-
pyrazol-4-yl]azo]-5-methylbenezenesulfonic acid, calcium salt (1:1) (C. 
I. Pigment Yellow 191).
    FDA has evaluated the data in the petition and other relevant 
material. The agency concludes that the proposed use of the additive is 
safe and that the regulations in Sec. 178.3297 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 21 CFR 
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 September 5, 1995, 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 178.3297 is amended in the table in paragraph (e) by 
alphabetically adding a new entry under the headings ``Substances'' and 
``Limitations'' to read as follows:




[[Page 39649]]



Sec.  178.3297  Colorants for polymers.

* * * * *
    (e) * * *

                                                                        
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             Substances                          Limitations            
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  *                    *                    *                    *      
                   *                    *                    *          
4-Chloro-2-[[5-hydroxy-3-methyl-1-   For use at levels not to exceed 0.3
 (3-sulfophenyl)-1H-pyrazol-4-        percent by weight of the finished 
 yl]azo]-5-methylbenzenesulfonic      polymers. The finished articles   
 acid,calcium salt (1:1); (C. I.      are to contact food only under    
 Pigment Yellow 191, CAS Reg. No.     conditions of use B through H as  
 129423-54-7).                        described in Table 2 of Sec.      
                                      176.170(c) of this chapter.       
  *                    *                    *                    *      
                   *                    *                    *          
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    Dated: July 22, 1995.
Janice F. Oliver,
Deputy Director for Systems and Support, Center for Food Safety and 
Applied Nutrition.
[FR Doc. 95-19093 Filed 8-2-95; 8:45 am]
BILLING CODE 4160-01-F