[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17939-17940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7956]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1998-C-0045] (formerly Docket No. 1998C-0790)


EMD Chemicals, Inc.; Withdrawal of Color Additive 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 the remaining 
portion of a color additive petition (CAP 8C0262) proposing an 
amendment of the color additive regulations to provide for the safe use 
of composite pigments prepared from synthetic iron oxide, mica, and 
titanium dioxide to color food.

FOR FURTHER INFORMATION CONTACT: Judith Kidwell, Center for Food Safety 
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1071.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of September 25, 1998 (63 FR 51359), FDA announced that a 
color additive petition (CAP 8C0262) had been filed by EM Industries, 
Inc., 7 Skyline Dr., Hawthorne, NY 10532 (now EMD Chemicals, Inc.). The 
petition proposed to amend the color additive regulations in 21 CFR 
part 73 to provide for the safe use of synthetic iron oxide and mica to 
color food and to provide for the safe use of titanium dioxide to color 
food at levels higher than the current limit. At the time of filing of 
the petition, FDA considered the pigments that are the subjects of this 
petition to be color additive mixtures of synthetic iron oxide, mica, 
and titanium dioxide. After further review of the petition, the agency 
determined that these pigments are composite pigments, not color 
additive mixtures. Therefore, the agency published an amended filing 
notice in the Federal Register of June 21, 1999 (64 FR 33097), 
indicating that the petition proposed to amend the color additive 
regulations to provide for the safe use of composite pigments prepared 
from combinations of synthetic iron oxide, titanium dioxide, and mica 
to color food. FDA issued a partial response to the petition on June 2, 
2006, permitting composite pigments prepared from mica and titanium 
dioxide to color cereals, confections and frostings, gelatin desserts, 
hard and soft candies, nutritional supplement tablets and gelatin 
capsules, and chewing gum (71 FR 31927). The remaining composite 
pigments containing synthetic iron oxide included in the petition 
remained under review. EMD Chemicals, Inc., has now withdrawn that 
remaining portion of the petition without prejudice to a future filing 
(21 CFR 71.6(c)(2)).


[[Page 17940]]


    Dated: March 18, 2010.
Mitchell A. Cheeseman,
Acting Director, Office of Food Additive Safety, Center for Food Safety 
and Applied Nutrition.
[FR Doc. 2010-7956 Filed 4-7-10; 8:45 am]
BILLING CODE 4160-01-S