[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72273-72274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33397]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 99F-1421]


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 tetradecanoic acid, 
lithium salt as a stabilizer for polypropylene and certain 
polypropylene copolymers intended for use in contact with food. This 
action is in response to a petition filed by Asahi Denka Kogyo K.K.

DATES: This regulation is effective December 27, 1999. Submit written 
objections and requests for a hearing by January 26, 2000.

ADDRESSES: Submit written objections to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Vir D. Anand, Center for Food Safety 
and Applied Nutrition (HFS-215), 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 May 24, 1999 (64 FR 28000), FDA announced that a food 
additive petition (FAP 9B4665) had been filed by Asahi Denka Kogyo 
K.K., 5-2-13, Shirahata, Urawa City, Saitama 336-0022, Japan. The 
petition proposed to amend the food additive regulations to provide for 
the safe use of tetradecanoic acid, lithium salt as a stabilizer in 
polypropylene and certain olefin copolymers intended for use in contact 
with food.
    FDA has evaluated the data in the petition and other relevant 
material. Based on this information, the agency concludes that: (1) The 
proposed use of the additive is safe, (2) the additive will achieve its 
intended technical effect, and therefore, (3) that the regulations in 
21 CFR 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 previously considered the environmental effects of 
this rule as announced in the notice of filing for FAP 9B4665. No new 
information or comments have been received that would affect the 
agency's previous determination that there is no significant impact on 
the human environment and that an environmental impact statement is not 
required.
    This final rule contains no collection of information. Therefore, 
clearance by the Office of Management and Budget under the Paperwork 
Reduction Act of 1995 is not required.
    Any person who will be adversely affected by this regulation may at 
any time on or before January 26, 2000, 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 are to be 
submitted and are to 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 office above 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: 21 U.S.C. 321, 342, 348, 379e.

    2. Section 178.2010 is amended in the table in paragraph (b) by 
alphabetically adding an entry under the headings ``Substances'' and 
``Limitations'' to read as follows:


Sec. 178.2010  Antioxidants and/or stabilizers for polymers.

* * * * *
    (b) * * *

[[Page 72274]]



 
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             Substances                          Limitations
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  *                    *                    *                    *
                   *                    *                    *
Tetradecanoic acid, lithium salt     For use only at levels not to
 (CAS Reg. No. 20336-96-3).           exceed 0.15 percent by weight of
                                      polypropylene and polypropylene
                                      copolymers complying with Sec.
                                      177.1520(c) of this chapter, items
                                      1.1a, 1.1b, 3.1a, 3.1b, 3.1c,
                                      3.2a, and 3.2b. The finished
                                      polymers may only be used in
                                      contact with food of Types I, II,
                                      IV-B, VII-B, and VIII as described
                                      in table 1 of Sec.  176.170(c) of
                                      this chapter under conditions of
                                      use B through H as described in
                                      table 2 of Sec.  176.170(c) of
                                      this chapter, and with food of
                                      Types III, IV-A, V, VI-A, VI-B, VI-
                                      C, VII-A, and IX described in
                                      table 1 of Sec.  176.170(c) of
                                      this chapter under conditions of
                                      use C through G as described in
                                      table 2 of Sec.  176.170(c) of
                                      this chapter.
  *                    *                    *                    *
                   *                    *                    *
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    Dated: December 17, 1999.
 L. Robert Lake,
 Director, Office of Policy, Planning and Strategic Initiatives, Center 
for Food Safety and Applied Nutrition.
[FR Doc. 99-33397 Filed 12-23-99; 8:45 am]
BILLING CODE 4160-01-F