[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Rules and Regulations]
[Pages 22921-22922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11330]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 173

[Docket No. 00F-1487]


Secondary Direct Food Additives Permitted in Food for Human 
Consumption

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 acidified sodium 
chlorite solutions as a component of a post-chill carcass spray or dip 
when applied to poultry meat, organs, or related parts or trim. This 
action is in response to a petition filed by Alcide Corp.

DATES: This rule is effective May 7, 2001. Submit written objections 
and requests for a hearing by June 6, 2001.

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: Robert L. Martin, Center for Food 
Safety and Applied Nutrition (HFS-215), Food and Drug Administration, 
Washington, DC 20204-0001, 202-418-3074.

[[Page 22922]]


SUPPLEMENTARY INFORMATION:  In a notice published in the Federal 
Register of September 11, 2000 (65 FR 54855), FDA announced that a food 
additive petition (FAP 0A4722) had been filed by Alcide Corp., 8561 
154th Ave., NE., Redmond, WA 98052. The petition proposed to amend the 
food additive regulations in Sec. 173.325 Acidified sodium chlorite 
solution (21 CFR 173.325) to provide for the safe use of acidified 
sodium chlorite solutions as a component of a post-chill carcass spray 
or dip when applied to poultry meat, organs, or related parts or trim.
    FDA has evaluated data in the petition and other relevant material. 
Based on this information, the agency concludes that the proposed use 
of the additive is safe, that the additive will achieve its intended 
technical effect, and, therefore, that the regulation in Sec. 173.325 
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.
    In the notice of filing, FDA gave interested parties an opportunity 
to submit comments on the petitioner's environmental assessment. FDA 
received no comments in response to that notice.
    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.
    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 file with the Dockets Management Branch (address above) 
written objections by June 6, 2001. 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 Dockets Management Branch between 9 a.m. and 4 p.m., 
Monday through Friday.

List of Subjects in 21 CFR Part 173

    Food additives.

    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 173 is amended as follows:

PART 173--SECONDARY DIRECT FOOD ADDITIVES PERMITTED IN FOOD FOR 
HUMAN CONSUMPTION

    1. The authority citation for 21 CFR part 173 continues to read as 
follows:

    Authority:  21 U.S.C. 321, 342, 348.
    2. Section 173.325 is amended by removing ``or'' at the end of 
paragraph (b)(1)(iii), removing the period at the end of paragraph 
(b)(1)(iv) and adding ``; or'' in its place, and adding paragraph 
(b)(1)(v) to read as follows:


Sec. 173.325  Acidified sodium chlorite solutions.

* * * * *
    (b)(1)  *  *  *
    (v) As a component of a post-chill carcass spray or dip solution 
when applied to poultry meat, organs, or related parts or trim.
* * * * *

    Dated: April 27, 2001.
L. Robert Lake,
Director of Regulations and Policy, Center for Food Safety and Applied 
Nutrition.
[FR Doc. 01-11330 Filed 5-4-01; 8:45 am]
BILLING CODE 4160-01-S