[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)]
[Rules and Regulations]
[Pages 6721-6723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3661]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 178
[Docket No. 89F-0331]
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 2,3,4,5-
tetrachloro-6-cyanobenzoic acid, methyl ester reaction products with p-
phenylenediamine and sodium methoxide as a colorant in all food-contact
polymers. This action is in response to a petition filed by Ciba-Geigy
Corp.
DATES: Effective February 13, 1997; written objections and requests for
a hearing by March 17, 1997.
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: Richard H. White, Center for Food
[[Page 6722]]
Safety and Applied Nutrition (HFS-216), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-418-3094.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of August 29, 1989 (54 FR 35725), FDA announced that a food
additive petition (FAP 9B4158) had been filed by Ciba-Geigy Corp.,
Seven Skyline Dr., Hawthorne, NY 10532-2188 (currently c/o Keller and
Heckman, 1001 G St. NW., suite 500 West, Washington, DC 20001). The
petition proposed to amend Sec. 178.3297 Colorants for polymers (21 CFR
178.3297) to provide for the safe use of 2,3,4,5-tetrachloro-6-
cyanobenzoic acid, methyl ester reaction products with p-
phenylenediamine and sodium methoxide as a colorant in all food-contact
polymers.
In its evaluation of the safety of this food additive, FDA reviewed
the safety of the additive and the chemical impurities that may be
present in the additive resulting from its manufacturing process.
Although the additive itself has not been shown to cause cancer, it has
been found to contain minute amounts of polychlorinated biphenyls
(PCB's), which are carcinogenic impurities resulting from manufacture
of the additive. Residual amounts of reactants, manufacturing aids and
their constituent impurities and by-products, such as PCB's, are
commonly found as contaminants in chemical products, including food
additives.
I. Determination of Safety
Under the so-called ``general safety clause,'' of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 348(c)(3)(A), a food
additive cannot be approved for a particular use unless a fair
evaluation of the data available to FDA establishes that the additive
is safe for that use. FDA's food additive regulations (21 CFR 170.3(i))
define safe as ``a reasonable certainty in the minds of competent
scientists that the substance is not harmful under the intended
conditions of use.''
The food additives anticancer, or Delaney, clause of the act (21
U.S.C. 348(c)(3)(A)) provides that no food additive shall be deemed to
be safe if it is found to induce cancer when ingested by man or animal.
Importantly, however, the Delaney clause applies to the food additive
itself and not to the impurities in the additive. That is, where an
additive itself has not been shown to cause cancer, but contains a
carcinogenic impurity, the additive is properly evaluated under the
general safety clause using risk assessment procedures to determine
whether there is a reasonable certainty that no harm will result from
the proposed use of the food additive, Scott v. FDA, 728 F.2d 322 (6th
Cir. 1984).
II. Safety of Petitioned Use of the Additive
FDA estimates that the petitioned use of the food additive,
2,3,4,5-tetrachloro-6-cyanobenzoic acid, methyl ester reaction products
with p-phenylenediamine and sodium methoxide, will result in exposure
to no greater than 1.3 parts per billion (ppb) of the additive in the
daily diet (3 kilograms (kg)), or an estimated dietary intake (EDI) of
3.9 micrograms per person per day (g/person/day) (Ref. 1).
FDA does not ordinarily consider chronic toxicological studies to
be necessary to determine the safety of an additive whose use will
result in such low exposure levels (Ref. 2), and the agency has not
required such testing here. However, the agency has reviewed the
available toxicological data (acute toxicity and mutagenicity studies)
on the additive and concludes that the small dietary exposure resulting
from the proposed use of the additive is safe.
FDA has evaluated the safety of this additive under the general
safety clause, considering all available data and using risk assessment
procedures to estimate the upper-bound limit of lifetime human risk
presented by PCB's, carcinogenic chemicals that may be present as
impurities in the additive. This risk evaluation of PCB's has two
aspects: (1) Assessment of the worst-case exposure to these impurities
from the proposed use of the additive; and (2) extrapolation of the
risk observed in the animal bioassays to the conditions of worst-case
exposure to humans.
A. PCB's
FDA has estimated the hypothetical worst-case exposure to PCB's
from the petitioned use of the food additive as a colorant in polymers
to be less than 0.32 parts per quadrillion of the daily diet (3 kg), or
0.96 picogram per person per day (pg/person/day) (Ref. 3). The agency
used data from a carcinogenesis bioassay on PCB's, conducted by Norback
and Weltman (Ref. 4), to estimate the upper-bound limit of lifetime
human risk from exposure to these chemicals resulting from the proposed
use of the food additive (Ref. 5). The results of the bioassay on a PCB
mixture (Aroclor 1260) demonstrated that the material was carcinogenic
for male and female rats under the conditions of the study. The test
material caused significantly increased incidence of hepatocellular
tumors in both female and male rats.
Based on the estimated worst-case exposure to PCB's of 0.96 pg/
person/day, FDA estimates that the upper-bound limit of lifetime human
risk from the use of the subject additive is less than 9 x 10-12
or 9 in 1 trillion (Refs. 6 and 7). Because of the numerous
conservative assumptions used are in calculating the exposure estimate,
the actual lifetime-averaged individual exposure to PCB's is likely to
be substantially less than the potential worst-case exposure, and
therefore, the upper-bound limit of lifetime human risk would be less.
Thus, the agency concludes that there is a reasonable certainty that no
harm from exposure to PCB's would result from the proposed use of the
additive.
B. Need for Specifications
The agency has also considered whether specifications are necessary
to control the amount of PCB's present as impurities in the additive.
The agency finds that specifications are not necessary for the
following reasons: (1) Because of the low levels at which PCB's may be
expected to remain as impurities following production of the additive,
the agency would not expect these impurities to become components of
food at other than extremely low levels; and (2) the upper-bound limit
of lifetime human risk from exposure to these impurities, even under
worst-case assumptions, is very low, less than 9 in 1 trillion.
III. Conclusion on Safety
FDA has evaluated the data in the petition and other relevant
material. Based on this information, the agency concludes that the
proposed use of the food additive as a colorant in polymers in contact
with food is safe, that the food additive will achieve its intended
technical effect 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 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.
[[Page 6723]]
IV. Environmental Impact
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.
V. Objections
Any person who will be adversely affected by this regulation may at
any time on or before March 17, 1997, 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.
VI. 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. Memorandum dated November 1, 1989, from the Food and Color
Additives Review Section (HFF-415) to Indirect Additives Branch
(HFF-335) concerning ``FAP 9B4158--Ciba-Geigy Corp. Submission dated
7-7-89. Irgazin Yellow 3RLTN as a colorant in polymeric food
packaging.''
2. Kokoski, C. J., ``Regulatory Food Additive Toxicology,'' in
Chemical Safety Regulation and Compliance, edited by F. Homburger
and J. K. Marquis, S. Karger, New York, NY, pp. 24-33, 1985.
3. Memorandum dated May 23, 1995, from the Chemistry Review
Branch (HFS-247) to Indirect Additives Branch (HFS-216).
4. Norback, D. H., and R. H. Weltman., ``Polychlorinated
Biphenyl Induction of Hepatocellular Carcinoma in the Sprague-Dawley
Rat,'' Environmental Health Perspectives, 60:97-105, 1985.
5. Gaylor, D. W., and R. L. Kodell., ``Linear Interpolation
Algorithm for Low Dose Risk Assessment of Toxic Substances,''
Journal of Environmental Pathology and Toxicology, 4:305-312, 1980.
6. Memorandum, Report of the Quantitative Risk Assessment
Committee, August 18, 1995.
7. Memorandum dated October 11, 1996, from the Quantitative Risk
Assessment Committee (HFS-16) to Indirect Additives Branch (HFS-216)
concerning ``Clarification of QRAC Memorandum of August 18, 1995, re
FAPs 9B4158 and 3B4349.''
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 178.3297 is amended in the table in paragraph (e) by
alphabetically adding a new entry under the headings ``Substances'' and
``Limitations'' to read as follows:
Sec. 178.3297 Colorants for polymers.
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(e) * * *
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Substances Limitations
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2,3,4,5-Tetrachloro-6-cyanobenzoic For use only at levels not to
acid, methyl ester reaction exceed 1 percent by weight of
products with p-phenylenediamine polymers. The finished articles
and sodium methoxide (CAS Reg. No. are to contact food only under
106276-80-6) conditions of use B through H,
described in Table 2, of Sec.
176.170(c) of this chapter.
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Dated: February 5, 1997.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 97-3661 Filed 2-12-97; 8:45 am]
BILLING CODE 4160-01-F