[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Notices]
[Pages 25213-25214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12055]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 81G-0035]


Dairy Crest Food, Ltd.; Withdrawal of GRAS Affirmation Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
withdrawal, without prejudice to a future filing, of a petition (GRASP 
1G0273) proposing that the use of immobilized lactase composite is 
generally recognized as safe (GRAS) for use in the production of low-
lactose whey.

FOR FURTHER INFORMATION CONTACT: Valerie M. Davis, Center for Food 
Safety and Applied Nutrition (HFS-206), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-418-3181.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of March 3, 1981 (46 FR 14970), FDA announced that a petition 
(GRASP 1G0273) had been filed by Corning Glass Works, Corning, NY. The 
petition proposed affirmation that the use of immobilized lactase 
composite is GRAS for producing low-lactose whey.
    In a letter dated January 8, 1988, a law firm, on behalf of Corning 
Glass Works, informed the agency that sponsorship of the petition was 
transferred to Dairy Crest Food, Ltd., Dairy Crest House, Portsmouth 
Rd., Surbiton, Surrey KT6 5QL, England.
    On May 29, 1996, the agency contacted the attorney of record for 
Dairy Crest Foods, Ltd., and inquired whether Dairy Crest Foods, Ltd., 
was still pursuing the petition, given that the last communication from 
the petitioner was 5 years previously. This inquiry was prompted by an 
agency initiative to remove those petitions that are no longer being 
pursued from FDA's petition inventory. No response was received.
    By letter of May 29, 1997, FDA again contacted Dairy Crest Food, 
Ltd.'s,

[[Page 25214]]

attorney to reiterate the agency's initiative to remove from its 
pending petition inventory those petitions that are no longer being 
pursued by the petitioner. In that letter, the agency stated that if 
Dairy Crest Foods, Ltd., wished to pursue the petition, the agency 
would continue to work on it. However, if Dairy Crest Food, Ltd., did 
not wish to pursue the petition, the agency requested that Dairy Crest 
Food, Ltd., withdraw the petition without prejudice to a future filing. 
FDA asked that the petitioner inform the agency of its decision within 
30 days of the date of the letter; the agency added that failure to 
respond within that time would be considered approval to withdraw the 
petition. As of this date, Dairy Crest Food, Ltd., has not responded to 
FDA in any way. Therefore, the agency is announcing that it considers 
this petition to be withdrawn by the firm, without prejudice to a 
future filing (21 CFR 171.7).

    Dated: April 27, 1998.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 98-12055 Filed 5-6-98; 8:45 am]
BILLING CODE 4160-01-F