[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65941-65942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31809]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 172
[Docket No. 90F-0195]
Food Additives Permitted for Direct Addition to Food for Human
Consumption; Curdlan
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 curdlan as a
formulation aid, processing aid, stabilizer and thickener or texturizer
in foods. This action is in response to a petition filed by Takeda
Chemical Industries, Ltd.
DATES: The regulation is effective December 16, 1996. Submit written
objections and requests for a hearing by January 15, 1997. The Director
of the Office of the Federal Register approves the incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a
certain publication in 21 CFR 172.809(b), effective December 16, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Aydin Orstan, Center for Food Safety
and Applied Nutrition (HFS-217), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3076.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of July 17, 1990 (55 FR 29106), FDA announced that a food
additive petition (FAP 0A4200) had been filed by Takeda Chemical
Industries, Ltd., c/o International Research and Development Corp. (now
MPI Research), Mattawan, MI 49071, proposing that the food additive
regulations be amended to provide for the safe use of -1,3-
glucan derived from Alcaligenes faecalis var. myxogenes. In the same
notice, the agency also announced that the proposed common or usual
name of the additive was curdlan.
The agency is accepting curdlan as the common or usual name of the
additive. Based on the data in the petition and other relevant
material, the agency reached the following conclusions: (1) Curdlan
consists of a glucose polymer and a small amount of inorganic salts,
mainly sodium chloride, (2) curdlan lacks specific toxicity and the
producing organism, Alcaligenes faecalis var. myxogenes, is
nonpathogenic and nontoxicogenic, and (3) there is a history of safe
consumption of similar glucose polymers in food. Based on this
information, the agency concludes that the proposed food use of curdlan
is safe, that the additive will achieve its intended technical effect,
and that therefore, the regulations in 21 CFR part 172 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 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 January 15, 1997 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 172
Food additives, Incorporation by reference, Reporting and
recordkeeping requirements.
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 of the Center for Food Safety and Applied
Nutrition, 21 CFR part 172 is amended as follows:
PART 172--FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR
HUMAN CONSUMPTION
1. The authority citation for 21 CFR part 172 continues to read as
follows:
Authority: Secs. 201, 401, 402, 409, 701, 721 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321, 341, 342, 348, 371,
379e).
2. New Sec. 172.809 is added to subpart I to read as follows:
Sec. 172.809 Curdlan.
Curdlan may be safely used in accordance with the following
conditions:
(a) Curdlan is a high molecular weight polymer of glucose
(-1,3-glucan; CAS Reg. No. 54724-00-4) produced by pure
culture fermentation from the nonpathogenic and nontoxicogenic
bacterium Alcaligenes faecalis var. myxogenes.
[[Page 65942]]
(b) Curdlan meets the following specifications when it is tested
according to the methods described or referenced in the document
entitled ``Analytical Methods for Specification Tests for Curdlan,'' by
Takeda Chemical Industries, Ltd., 12-10 Nihonbashi, 2-Chome, Chuo-ku,
Tokyo, 103, Japan, 1996, which is incorporated by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available
from the Division of Petition Control (HFS-215), Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 200 C St. SW.,
Washington, DC 20204, or may be examined at the Center for Food Safety
and Applied Nutrition's Library, Food and Drug Administration, 200 C
St. SW., rm. 3321, Washington, DC, or at the Office of the Federal
Register, 800 North Capitol St. NW., suite 700, Washington, DC.
(1) Positive for curdlan.
(2) Assay for curdlan (calculated as anhydrous glucose), not less
than 80 percent.
(3) pH of 1 percent aqueous suspension, 6.0-7.5.
(4) Lead, not more than 0.5 mg/kg.
(5) Heavy metals (as Pb), not more than 0.002 percent.
(6) Total nitrogen, not more than 0.2 percent.
(7) Loss on drying, not more than 10 percent.
(8) Residue on ignition, not more than 6 percent.
(9) Gel strength of 2 percent aqueous suspension, not less than
600x103 dyne per square centimeter.
(10) Aerobic plate count, not more than 103 per gram.
(11) Coliform bacteria, not more than 3 per gram.
(c) Curdlan is used or intended for use in accordance with good
manufacturing practice as a formulation aid, processing aid, stabilizer
and thickener, and texturizer in foods for which standards of identity
established under section 401 of the act do not preclude such use.
Dated: November 27, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-31809 Filed 12-13-96; 8:45 am]
BILLING CODE 4160-01-F