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- Federal Register
- Vol. 59, No. 123
- Tuesday, June 28, 1994
-
- DEPARTMENT OF HEALTH AND HUMAN SERVICES
-
- Food and Drug Administration
-
- 21 CFR Part 176
-
- [Docket No. 90F─0202]
-
- Indirect Food Additives: Paper and Paperboard Components
-
- AGENCY: Food and Drug Administration, HHS.
-
- ACTION: Final rule.
-
- SUMMARY: The Food and Drug Administration (FDA) is amending the food additive
- regulations to provide for the safe use of siloxanes (silicones), dimethyl,
- isopropyl methyl, methyl 1-methyl-C9─49-alkyl, as a modifier for polyolefin
- resins to be used as coatings for paper and paperboard. This action responds
- to a food additive petition filed by Chugai Boyeki (America) Corp.
-
- DATES: Effective June 28, 1994; written objections and requests for a hearing
- by July 28, 1994.
-
- ADDRESSES: Submit written objections to the Dockets Management Branch
- (HFA─305), Food and Drug Administration, rm. 1─23, 12420 Parklawn Dr.,
- Rockville, MD 20857.
-
- FOR FURTHER INFORMATION CONTACT: Julius Smith, Center for Food Safety and
- Applied Nutrition (HFS─216), Food and Drug Administration, 200 C St. SW.,
- Washington, DC 20204, 202─254─9500.
-
- SUPPLEMENTARY INFORMATION: In a notice published in the Federal Register of
- July 17, 1990 (55 FR 29105), FDA announced that a petition (FAP 9B4171) had
- been filed by Chugai Boyeki (America) Corp. ("Chugai" was inadvertently
- misspelled in the filing notice as "Chaugai"), 500 Fifth Ave., suite 1730, New
- York, NY 10110. The petition proposed to amend the food additive regulations
- to provide for the safe use of the addition product of (C10─C50) alkene and
- propylene to polymethyl hydrogensiloxane for use as a modifier and as an
- antifoaming agent for polyolefin resin coatings for paper and paperboard.
-
- FDA has evaluated the data in the petition and other relevant material and
- concluded that the proposed use for the additive in paper and paperboard
- coatings is safe. However, based upon a complete review of the petition, the
- agency has determined that the appropriate technical effect of the additive is
- primarily as a polymer modifier, that effect is reflected in the listing
- regulation. The agency has further determined that the Chemical Abstracts
- Service nomenclature and registry number more accurately describe the additive
- than the description in the notice of filing, and therefore, the agency has
- used them in this rule. Under this nomenclature, the additive is denominated
- "Siloxanes (silicones), dimethyl, isopropyl methyl, methyl
- 1-methyl-C9─49-alkyl." Accordingly, FDA concludes that the food additive
- regulations should be amended in 176.170 Components of paper and paperboard
- in contact with aqueous and fatty foods (21 CFR 176.170) as set forth below.
-
- In accordance with 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 21 CFR 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 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.
-
- Any person who will be adversely affected by this regulation may at any time
- on or before July 28, 1994, 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 shall be submitted and shall
- 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 176
-
- 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 176 is
- amended as follows:
-
- PART 176 INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS
-
- 1. The authority citation for 21 CFR part 176 continues to read as follows:
-
- Authority: Secs. 201, 402, 406, 409, 721 of the Federal Food, Drug, and
- Cosmetic Act (21 U.S.C. 321, 342, 346, 348, 379e).
-
- 2. Section 176.170 is amended in the table in paragraph (a)(5) by
- alphabetically adding a new entry under the headings "List of Substances" and
- "Limitations" to read as follows:
-
- 176.170 Components of paper and paperboard in contact with aqueous and fatty
- foods.
-
- * * * * *
-
- (a) * * *
-
- (5) * * *
-
- c2,L1,i1,s85,r85 [col head 1] List of Substances [col head 1] Limitations
-
- * * * * * * *
-
- Siloxanes (silicones), dimethyl, isopropyl methyl, methyl
- 1-methyl-C9─49-alkyl (CAS Reg. No. 144635─08─5) For use only as a component
- of polyolefin coatings with 177.1520 of this chapter at a level not to
- exceed 3 percent by weight. The finished coating will be used only for paper
- and paperboard that contact food of types VI─A and VI─B of Table 1 in
- paragraph (c) of this section, and under conditions of use C, D, and E, as
- described in Table 2 in paragraph (c) of this section, with a maximum hot fill
- temperature of 200 ½F (94 ½C).
-
- * * * * * * *
-
- * * * * *
-
- Dated: June 21, 1994.
-
- L. Robert Lake,
-
- Acting Director, Center for Food Safety and Applied Nutrition.
-
- [FR Doc. 94─15667 Filed 6─27─94; 8:45 am]
-
- BILLING CODE 4160─01─F
-
-
-