[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Page 16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05361]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2020-C-1309]


Listing of Color Additives Exempt From Certification; Spirulina 
Extract; Confirmation of Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; confirmation of effective date.

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SUMMARY: The Food and Drug Administration (FDA or we) is confirming the 
effective date of December 13, 2022, for the final rule that appeared 
in the Federal Register of November 10, 2022, and that amended the 
color additive regulations to provide for the safe use of spirulina 
(Arthrospira platensis) extract as a color additive in alcoholic 
beverages with less than 20 percent alcohol-by-volume content, non-
alcoholic beverages, condiments and sauces, dips, dairy product 
alternatives (identified as non-dairy yogurt alternatives, non-dairy 
frozen desserts, and non-dairy puddings), salad dressings, and 
seasoning mixes (unheated).

DATES: The effective date of final rule published in the Federal 
Register of November 10, 2022 (87 FR 67785) is confirmed as December 
13, 2022.

ADDRESSES: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and insert the 
docket number found in brackets in the heading of this final rule into 
the ``Search'' box and follow the prompts, and/or go to the Dockets 
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Stephanie A. Hice, Center for Food 
Safety and Applied Nutrition, Food and Drug Administration (HFS-255), 
5001 Campus Dr., College Park, MD 20740, 301-348-1740.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 10, 2022 
(87 FR 67785), we amended the color additive regulations in Sec.  
73.530 Spirulina extract (21 CFR 73.530) to provide for the safe use of 
spirulina extract as a color additive in alcoholic beverages with less 
than 20 percent alcohol-by-volume content, non-alcoholic beverages, 
condiments and sauces, dips, dairy product alternatives (identified as 
non-dairy yogurt alternatives, non-dairy frozen desserts, and non-dairy 
puddings), salad dressings, and seasoning mixes (unheated) at levels 
consistent with good manufacturing practice.
    We gave interested persons until December 12, 2022, to file 
objections or requests for a hearing. We received no objections or 
requests for a hearing on the final rule. Therefore, we find that the 
effective date of the final rule that published in the Federal Register 
of November 10, 2022, should be confirmed.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Foods, Medical devices.


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Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and under 
authority delegated to the Commissioner of Food and Drugs, we are 
giving notice that no objections or requests for a hearing were filed 
in response to the November 10, 2022, final rule. Accordingly, the 
amendments issued thereby became effective December 13, 2022.

    Dated: March 13, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-05361 Filed 3-15-23; 8:45 am]
BILLING CODE 4164-01-P