[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Rules and Regulations]
[Pages 25395-25396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12761]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 178
[Docket No. 93F-0385]
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 formaldehyde,
polymer with 1-naphthylenol, as a release agent, applied on the
internal parts of reactors employed in the production of polyvinyl
chloride and acrylic copolymers intended for food-contact applications.
This action is in response to a petition filed by Compagnia Italiana di
Ricerca e Sviluppo, srl (CIRS).
DATES: Effective May 21, 1996; written objections and requests for a
hearing by June 20, 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 November 18, 1993 (58 FR 60859), FDA announced that a food
additive petition (FAP 3B4380) had been filed by Compagnia Italiana di
Ricerca e Sviluppo, srl (CIRS),
c/o AAC Consulting Group, 1730 Rhode Island Ave. NW., Washington, DC
20036. The petition proposed to amend the food additive regulations in
part 178 (21 CFR part 178) to provide for the safe use of formaldehyde,
polymer with 1-naphthylenol, as an antiscaling agent, applied on the
internal parts of reactors employed in the production of polyvinyl
chloride and acrylic copolymers intended for food-contact applications.
During its review, the agency determined that the use of the additive
as an antiscaling agent has essentially the same technical effect as
that of a release agent. This final rule reflects this conclusion and
therefore FDA is listing the additive in Sec. 178.3860 Release agents.
FDA has evaluated 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. 178.3860 should be amended as set forth
below.
FDA's review of the petition indicates that the additive may
contain trace amounts of formaldehyde as an impurity. The potential
carcinogenicity of formaldehyde was reviewed by the Cancer Assessment
Committee (the Committee) of FDA's Center for Food Safety and Applied
Nutrition. The Committee noted that for many years, formaldehyde has
been known to be a carcinogen by the inhalation route, but it concluded
that these inhalation studies are not appropriate for assessing the
potential carcinogenicity of formaldehyde in food. The Committee's
conclusion was based on the fact that the route of administration
(inhalation) is not relevant to the safety of formaldehyde residues in
food and the fact that tumors were observed only locally at the portal
of entry (nasal turbinates). In addition, the agency has received
literature reports of two drinking water studies on formaldehyde: (1) A
preliminary report of a carcinogenicity study purported to be positive
by Soffritti et al. (1989), conducted in Bologna, Italy (Ref. 1); and
(2) a negative study by Til et al. (1989), conducted in The Netherlands
(Ref. 2). The Committee reviewed both studies and concluded that data
concerning the Soffritti study reported, ``* * * were unreliable and
could not be used in the assessment of the oral carcinogenicity of
formaldehyde'' (Ref. 3). This conclusion is based on a lack of critical
details in the study, questionable histopathological conclusions, and
the use of unusual nomenclature to describe the tumors. Based on the
Committee's evaluation, the agency has determined that there is no
basis to conclude that formaldehyde is a carcinogen when ingested.
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 June 20, 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.
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. Soffritti, M., F. Maltoni, and R. Biagi, ``Formaldehyde: An
Experimental Multipotential Carcinogen,'' Toxicology and Industrial
Health, vol. 5, No. 5:699-730, 1989.
2. Til, H. P., R. A. Woutersen, V. J. Feron, V. H. M.
Hollanders, H. E. Falke, and J. J. Clary, ``Two-Year Drinking Water
Study of Formaldehyde in Rats,'' Food Chemical Toxicology, vol. 27,
No. 2, pp. 77-87, 1989.
3. Memorandum of conference concerning ``formaldehyde;'' meeting
of the Cancer Assessment Committee, FDA; April 24, 1991, and March
4, 1993.
[[Page 25396]]
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, 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 178.3860 is amended in the table in paragraph (b) by
alphabetically adding a new entry under the headings ``List of
substances'' and ``Limitations'' to read as follows:
Sec. 178.3860 Release agents.
* * * * *
(b) * * *
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List of substances Limitations
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* * * *
* * *
Formaldehyde, polymer with 1-naphthylenol For use only as an
(CAS Reg. No. 25359-91-5). antiscaling or release
agent, applied on the
internal parts of reactors
employed in the production
of polyvinyl chloride and
acrylic copolymers, provided
that the residual levels of
the additive in the polymer
do not exceed 4 parts per
million.
* * * *
* * *
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Dated: May 15, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-12761 Filed 5-20-96; 8:45 am]
BILLING CODE 4160-01-F