80_FR_50924 80 FR 50762 - Listing of Color Additives Exempt From Certification; Spirulina Extract

80 FR 50762 - Listing of Color Additives Exempt From Certification; Spirulina Extract

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50762-50765
FR Document2015-20676

The Food and Drug Administration (FDA or we) is amending the color additive regulations to provide for the safe use of spirulina extract as a color additive in coating formulations applied to dietary supplement and drug tablets and capsules. This action is in response to a petition filed by Colorcon, Inc. (Colorcon).

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50762-50765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20676]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2014-C-1552]


Listing of Color Additives Exempt From Certification; Spirulina 
Extract

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or we) is amending the 
color additive regulations to provide for the safe use of spirulina 
extract as a color additive in coating formulations applied to dietary 
supplement and drug tablets and capsules. This action is in response to 
a petition filed by Colorcon, Inc. (Colorcon).

DATES: This rule is effective September 22, 2015. See section IX for 
information on the filing of objections. Submit either electronic or 
written objections and requests for a hearing by September 21, 2015.

ADDRESSES: You may submit either electronic or written objections and 
requests for a hearing, identified by Docket No. FDA-2014-C-1552, by 
any of the following methods:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written objections in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name 
and Docket No. FDA-2014-C-1552 for this rulemaking. All objections 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided. For detailed instructions 
on submitting objections, see the ``Objections'' heading of the 
SUPPLEMENTARY INFORMATION section.
    Docket: For access to the docket to read background documents or 
objections received, go to http://www.regulations.gov and insert the 
docket number, found in brackets in the

[[Page 50763]]

heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Molly A. Harry, Center for Food Safety 
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1075.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In a notice published in the Federal Register of October 22, 2014 
(79 FR 63062), we announced that we had filed a color additive petition 
(CAP 4C0300), submitted by Colorcon, Inc. (petitioner), 275 Ruth Rd., 
Harleysville, PA 19438. The petition proposed to amend the color 
additive regulations in Title 21, Code of Federal Regulations (CFR) 
part 73 Listing of Color Additives Exempt From Certification to provide 
for the safe use of spirulina extract, prepared by the filtered aqueous 
extraction of the dried biomass of Arthrospira platensis (A. 
platensis), as a color additive in coating formulations applied to 
dietary supplement and drug tablets and capsules.

II. Background

    In the Federal Register of August 13, 2013 (78 FR 49117), we issued 
a final rule in response to a color additive petition (CAP 2C0293) 
approving the use of a filtered aqueous extract of the dried biomass of 
A. platensis as a color additive in candy and chewing gum at levels 
consistent with good manufacturing practice (GMP). We established 
spirulina extract as the common or usual name for the color additive 
and listed it in Sec.  73.530 (21 CFR 73.530). In addition to the 
identity of the color additive, the regulation in Sec.  73.530 includes 
specifications that must be met for lead, arsenic, mercury, and 
microcystin toxin.
    In the Federal Register of April 11, 2014 (79 FR 20095), we issued 
a final rule in response to a color additive petition (CAP 2C0297) 
amending Sec.  73.530 to include the use of spirulina extract as a 
color additive in confections (including candy and chewing gum), 
frostings, ice cream and frozen desserts, dessert coatings and 
toppings, beverage mixes and powders, yogurts, custards, puddings, 
cottage cheese, gelatin, breadcrumbs, and ready-to-eat cereals 
(excluding extruded cereals), at levels consistent with GMP.
    The spirulina extract used for the purposes of CAP 4C0300 is a 
blue-colored powder produced by the filtered aqueous extraction of the 
spray-dried biomass of A. platensis (also known as Spirulina 
platensis), an edible blue-green cyanobacterium. The color additive 
contains phycocyanins as the principal coloring component. The maximum 
phycocyanin content of the color additive is 28 percent. Based on data 
and information provided in the petition on the identity, physical and 
chemical properties, manufacturing process, and composition of the 
color additive, we have determined that the color additive meets the 
specifications for spirulina extract in Sec.  73.530 (Ref. 1).
    Spirulina extract is intended to be used as a color additive in 
film coating formulations applied to dietary supplement and drug 
tablets and capsules in amounts consistent with GMP. The maximum GMP 
use level for spirulina extract in an individual coating will be 
determined by the desired coloring effect. Therefore, because the 
amount of the color additive used in these coatings is self-limiting, 
we have determined that there is no need for a specific upper limit on 
the percent by weight of spirulina extract in coating formulations 
applied to dietary supplement and drug tablets and capsules (Ref. 1).

III. Safety Evaluation

A. Determination of Safety

    Under section 721(b)(4) of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 379e(b)(4)), a color additive may not be 
listed for a particular use unless the data and information available 
to FDA establish that the color additive is safe for that use. Our 
color additive regulations at 21 CFR 70.3(i) define ``safe'' to mean 
that there is convincing evidence that establishes with reasonable 
certainty that no harm will result from the intended use of the color 
additive. To establish with reasonable certainty that a color additive 
intended for use in food is not harmful under its intended conditions 
of use, we consider the projected human dietary exposure to the 
additive, the additive's toxicological data, and other relevant 
information (such as published literature) available to us. We compare 
an individual's estimated exposure, or estimated daily intake (EDI), of 
the additive from all food sources to an acceptable daily intake level 
established by toxicological data. The EDI is determined by projections 
based on the amount of the additive proposed for use in particular 
foods or drugs and on data regarding the amount consumed from all 
ingested sources of the additive. We commonly use the EDI for the 90th 
percentile consumer of a color additive as a measure of high chronic 
exposure.

B. Safety of Petitioned Use of the Color Additive

    To support the safety of the petitioned use of spirulina extract as 
a color additive in coating formulations applied to dietary supplement 
and drug tablets and capsules, Colorcon submitted an exposure estimate 
for phycocyanins (the principal coloring component). Colorcon estimated 
that the petitioned use of spirulina extract in coating formulations 
applied to dietary supplement and drug tablets and capsules will result 
in an exposure to phycocyanins of 20.9 milligrams/person/day (mg/p/d) 
for the 90th percentile consumer (Ref. 2). We agree with Colorcon's 
exposure estimate for phycocyanins and conclude that it is sufficiently 
conservative (Ref. 2).\1\
---------------------------------------------------------------------------

    \1\ The petition referred to both ``drug tablets and capsules'' 
and ``pharmaceutical tablets and capsules.'' The term 
``pharmaceutical tablets and capsules'' was used regarding the 
exposure assessment (Ref. 2).
---------------------------------------------------------------------------

    Regarding cumulative exposure (cumulative EDI, or CEDI) to 
phycocyanins from spirulina and spirulina-derived substances, FDA 
discussed in the final rule for use of spirulina extract as a color 
additive in candy and chewing gum that spirulina and spirulina-derived 
substances have been the subject of four notices submitted by firms to 
FDA informing us of their determinations that certain uses of 
spirulina-derived substances are generally recognized as safe (GRAS) 
(78 FR 49117 at 49118). One of the GRAS notices (GRN 000424) pertains 
to the use of a spirulina-derived substance similar in chemical 
composition to the subject color additive but with a much higher 
phycocyanin content ranging from 42 to 47 percent, and included use in 
all foods (except infant formula and foods under U.S. Department of 
Agriculture's jurisdiction) at levels consistent with GMP. The upper 
bound CEDI for phycocyanins resulting from the notified uses of 
spirulina extract was estimated to be 1,140 mg/p/d in GRN 000424 based 
on conservative assumptions (Ref. 3). This exposure estimate does not 
appear to include exposure to phycocyanins from use of spirulina 
extract in dietary supplements. Colorcon estimated that the use of 
spirulina extract in coating formulations applied to dietary supplement 
and drug tablets and capsules would increase the previously estimated 
upper bound CEDI of phycocyanins by 1.8 percent. We agree that 
Colorcon's estimate is conservative, and that the petitioned use of 
spirulina

[[Page 50764]]

extract would not contribute significantly to the previously estimated 
upper bound CEDI of 1,140 mg/p/d for phycocyanins (Ref. 2).
    In support of safety of the use of spirulina extract as a color 
additive in coating formulations applied to dietary supplement and drug 
tablets and capsules in the subject petition, Colorcon referenced the 
safety determinations made by FDA for CAP 2C0293 (78 FR 49117) and CAP 
2C0297 (79 FR 20095). The petitioner also conducted a search of the 
peer-reviewed scientific literature for animal and human oral 
consumption studies that tested spirulina, spirulina-derived 
ingredients, and phycocyanins that have been published since 2011. The 
petitioner submitted the published animal and human studies that they 
had identified as being relevant to their petition. We reviewed the 
relevant studies and determined that these publications did not raise 
any safety concerns.
    In our previous evaluations of the use of spirulina extract as a 
color additive in food, we had selected as the pivotal safety study a 
21-month chronic feeding study that tested spirulina powder in rats at 
dietary concentrations of 10, 20, or 30 percent (equivalent to 5,000, 
10,000, or 15,000 milligrams per kilogram bodyweight per day (mg/kg bw/
d)). The results of this study showed that prolonged oral consumption 
of spirulina powder up to a dietary concentration of 15,000 mg/kg bw/d 
was without adverse effects. Therefore, we concluded that the no-
observed-effect level (NOEL) for spirulina is 15,000 mg/kg bw/d 
(900,000 mg/p/d for a 60 kg person) based on the absence of treatment-
related adverse effects at the highest concentration tested in this 
study. We had also determined the NOEL for phycocyanins for humans to 
be between 108,000 and 184,500 mg/p/d (78 FR 49117 at 49119). Taking 
into account all the available safety information, the estimated 
exposure to phycocyanins from the petitioned use of the spirulina 
extract, and the margin of safety between the CEDI for phycocyanin 
(1,140 mg/p/d) and the NOEL for phycocyanin (108,000 to 184,500 mg/p/
d), we conclude that the petitioned use of spirulina extract as a color 
additive in coating formulations applied to dietary supplement and drug 
tablets and capsules is safe (Ref. 4).
    The potential allergenicity of spirulina phycocyanins was discussed 
in the final rule for the use of spirulina extract as a color additive 
in candy and chewing gum (78 FR 49117 at 49119). Based on our review of 
a comparison of the known amino acid sequences of phycocyanins with the 
sequences of known protein allergens, we had determined that there is a 
low probability that phycocyanins are protein allergens. We therefore 
concluded that the spirulina phycocyanins present an insignificant 
allergy risk to consumers of the color additive. We are not aware of 
any new information that would cause us to change this conclusion.

IV. Conclusion

    Based on the data and information in the petition and other 
relevant material, we conclude that the petitioned use of spirulina 
extract in coating formulations applied to dietary supplement and drug 
tablets and capsules is safe. We further conclude that the additive 
will achieve its intended technical effect and is suitable for the 
petitioned use. Consequently, we are amending the color additive 
regulations in part 73 as set forth in this document. In addition, 
based upon the factors listed in 21 CFR 71.20(b), we conclude that 
certification of spirulina extract is not necessary for the protection 
of the public health.

V. Public Disclosure

    In accordance with Sec.  71.15 (21 CFR 71.15), the petition and the 
documents that we considered and relied upon in reaching our decision 
to approve the petition will be made available for public disclosure 
(see FOR FURTHER INFORMATION CONTACT). As provided in Sec.  71.15, we 
will delete from the documents any materials that are not available for 
public disclosure.

VI. Environmental Impact

    We previously considered the environmental effects of this rule, as 
stated in the October 22, 2014, notice of filing for CAP 4C0300. We 
stated that we had determined, under 21 CFR 25.32(r), that this action 
``is of a type that does not individually or cumulatively have a 
significant effect on the human environment'' such that neither an 
environmental assessment nor an environmental impact statement is 
required. We have not received any new information or comments that 
would affect our previous determination.

VII. Paperwork Reduction Act of 1995

    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.

VIII. Section 301(ll) of the FD&C Act

    Our review of this petition was limited to section 721 of the FD&C 
Act. This final rule is not a statement regarding compliance with other 
sections of the FD&C Act. For example, section 301(ll) of the FD&C Act 
(21 U.S.C. 331(ll) prohibits the introduction or delivery for 
introduction into interstate commerce of any food that contains a drug 
approved under section 505 of the FD&C Act (21 U.S.C. 355), a 
biological product licensed under section 351 of the Public Health 
Service Act (42 U.S.C. 262), or a drug or biological product for which 
substantial clinical investigations have been instituted and their 
existence has been made public, unless one of the exemptions in section 
301(ll)(1) to (4) of the FD&C Act applies. In our review of this 
petition, we did not consider whether section 301(ll) of the FD&C Act 
or any of its exemptions apply to food containing this color additive. 
Accordingly, this final rule should not be construed to be a statement 
that a food containing this color additive, if introduced or delivered 
for introduction into interstate commerce, would not violate section 
301(ll) of the FD&C Act. Furthermore, this language is included in all 
color additive final rules that pertain to food and therefore should 
not be construed to be a statement of the likelihood that section 
301(ll) of the FD&C Act applies.

IX. Objections

    This rule is effective as shown in the DATES section except as to 
any provisions that may be stayed by the filing of proper objections. 
If you will be adversely affected by one or more provisions of this 
regulation, you may file with the Division of Dockets Management (see 
ADDRESSES) either electronic or written objections. You must separately 
number each objection, and within each numbered objection you must 
specify with particularity the provision(s) of the regulation to which 
you object, and the grounds for your objection. Within each numbered 
objection, you must specifically state whether you are requesting a 
hearing on the particular provision that you specify in that numbered 
objection. If you do not request a hearing for any particular 
objection, you waive the right to a hearing on that objection. If you 
request a hearing, your objection must include a detailed description 
and analysis of the specific factual information you intend to present 
in support of the objection in the event that a hearing is held. If you 
do not include such a description and analysis for any particular 
objection, you waive the right to a hearing on the objection.
    It is only necessary to send one set of documents. Identify 
documents with the

[[Page 50765]]

docket number found in brackets in the heading of this document. Any 
objections received in response to the regulation may be seen in the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday, and will be posted to the docket at http://www.regulations.gov. We will publish notice of the objections that we 
have received or lack thereof in the Federal Register.

X. References

    The following references have been placed on display in the 
Division of Dockets Management (see ADDRESSES) and may be seen by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday, 
and are available electronically at http://www.regulations.gov. (FDA 
has verified the Web site address in this reference section, but FDA is 
not responsible for any subsequent changes to the Web site after this 
document publishes in the Federal Register).

1. Memorandum from N. Belai, Color Technology Team, OCAC, CFSAN, FDA 
to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA, March 
19, 2015.
2. Memorandum from H. Lee, Division of Petition Review, OFAS, CFSAN, 
FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA, 
January 30, 2015.
3. Letter from D. Keefe, Office of Food Additive Safety, CFSAN, FDA 
to H. Newman, Desert Lake Technologies, LLC, Agency Response Letter 
GRAS Notice 000424, December 6, 2012, (http://www.fda.gov/Food/IngredientsPackagingLabeling/GRAS/NoticeInventory/ucm335743.htm).
4. Memorandum from T. Walker, Division of Petition Review, OFAS, 
CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, 
FDA, April 2, 2015.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs and re-
delegated to the Director, Center for Food Safety and Applied 
Nutrition, 21 CFR part 73 is amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for 21 CFR part 73 continues to read as 
follows:

    Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 
361, 362, 371, 379e.


0
2. Section 73.530 is amended by revising paragraph (c) to read as 
follows:


Sec.  73.530  Spirulina extract.

* * * * *
    (c) Uses and restrictions. Spirulina extract may be safely used for 
coloring confections (including candy and chewing gum), frostings, ice 
cream and frozen desserts, dessert coatings and toppings, beverage 
mixes and powders, yogurts, custards, puddings, cottage cheese, 
gelatin, breadcrumbs, ready-to-eat cereals (excluding extruded 
cereals), and coating formulations applied to dietary supplement 
tablets and capsules, at levels consistent with good manufacturing 
practice, except that it may not be used to color foods for which 
standards of identity have been issued under section 401 of the Federal 
Food, Drug, and Cosmetic Act, unless the use of the added color is 
authorized by such standards.
* * * * *


0
3. Section 73.1530 is added to subpart B to read as follows:


Sec.  73.1530  Spirulina extract.

    (a) Identity. (1) The color additive spirulina extract is prepared 
by the filtered aqueous extraction of the dried biomass of Arthrospira 
platensis. The color additive contains phycocyanins as the principal 
coloring components.
    (2) Color additive mixtures for drug use made with spirulina 
extract may contain only those diluents that are suitable and are 
listed in this subpart as safe for use in color additive mixtures for 
coloring ingested drugs.
    (b) Specifications. Spirulina extract must conform to the following 
specifications and must be free from impurities, other than those 
named, to the extent that such other impurities may be avoided by good 
manufacturing practice:
    (1) Lead, not more than 2 milligrams per kilogram (mg/kg) (2 parts 
per million (ppm));
    (2) Arsenic, not more than 2 mg/kg (2 ppm);
    (3) Mercury, not more than 1 mg/kg (1 ppm); and
    (4) Negative for microcystin toxin.
    (c) Uses and restrictions. Spirulina extract may be safely used for 
coloring coating formulations applied to drug tablets and capsules, at 
levels consistent with good manufacturing practice.
    (d) Labeling requirements. The label of the color additive and any 
mixture prepared therefrom intended solely or in part for coloring 
purposes shall conform to the requirements of Sec.  70.25 of this 
chapter.
    (e) Exemption from certification. Certification of this color 
additive is not necessary for the protection of the public health, and 
therefore batches thereof are exempt from the certification 
requirements of section 721(c) of the Federal Food, Drug, and Cosmetic 
Act.

    Dated: August 14, 2015.
Susan Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for 
Food Safety and Applied Nutrition.
[FR Doc. 2015-20676 Filed 8-20-15; 8:45 am]
 BILLING CODE 4164-01-P



                                             50762              Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations

                                             to the list of countries with which DOD                 assistance. DOD may seek such                         DEPARTMENT OF HEALTH AND
                                             has such arrangements. The list is                      prioritization and persons in the United              HUMAN SERVICES
                                             informational only and does not affect                  States may request DOD assistance
                                             any right, duty or prohibition that                     regardless whether or not the countries               Food and Drug Administration
                                             applies to any person under the DPAS                    with which DOD has entered into
                                             Regulations. DOD would be able to                       security of supply arrangements are                   21 CFR Part 73
                                             request priority delivery in countries                  identified in the DPAS Regulations.
                                                                                                                                                           [Docket No. FDA–2014–C–1552]
                                             with which it has security of supply                    Listing these countries in the DPAS
                                             arrangements and persons in the United                  Regulations does not affect any right,                Listing of Color Additives Exempt
                                             States would be able to request                         duty or prohibition that applies to any               From Certification; Spirulina Extract
                                             assistance from DOD in obtaining                        person under those regulations. Because
                                             priority delivery even if the list did not              these revisions are not substantive                   AGENCY:    Food and Drug Administration,
                                             appear in the DPAS Regulations.                         changes, it is unnecessary to provide                 HHS.
                                               With the addition of Spain, the list                  notice and opportunity for public                     ACTION:   Final rule.
                                             will read: Australia, Finland, Italy, The               comment. Because neither the
                                             Netherlands, Spain, Sweden and the                      Administrative Procedure Act nor any                  SUMMARY:   The Food and Drug
                                             United Kingdom.                                         other law requires that notice and an                 Administration (FDA or we) is
                                             Rulemaking Requirements                                 opportunity for public comment be                     amending the color additive regulations
                                                                                                     given for this rule, the analytical                   to provide for the safe use of spirulina
                                                1. Executive Orders 13563 and 12866                  requirements of the Regulatory                        extract as a color additive in coating
                                             direct agencies to assess all costs and                 Flexibility Act (5 U.S.C. 601 et seq.) are            formulations applied to dietary
                                             benefits of available regulatory                        not applicable.                                       supplement and drug tablets and
                                             alternatives and, if regulation is                                                                            capsules. This action is in response to
                                             necessary, to select regulatory                            In addition, the 30-day delay in
                                                                                                     effectiveness otherwise required by 5                 a petition filed by Colorcon, Inc.
                                             approaches that maximize net benefits                                                                         (Colorcon).
                                             (including potential economic,                          U.S.C. 553(d) is not applicable because
                                             environmental, public health and safety                 this rule is not a substantive rule.                  DATES:  This rule is effective September
                                             effects, distributive impacts, and                                                                            22, 2015. See section IX for information
                                                                                                     List of Subjects in 15 CFR Part 700
                                             equity). This rule does not impose any                                                                        on the filing of objections. Submit either
                                             regulatory burden on the public and is                    Administrative practice and                         electronic or written objections and
                                             consistent with the goals of Executive                  procedure, Business and industry,                     requests for a hearing by September 21,
                                             Order 13563. This rule has been                         Government contracts, National defense,               2015.
                                             determined not to be significant for                    Reporting and recordkeeping                           ADDRESSES: You may submit either
                                             purposes of Executive Order 12866.                      requirements, Strategic and critical                  electronic or written objections and
                                                2. Notwithstanding any other                         materials.                                            requests for a hearing, identified by
                                             provision of law, no person is required                                                                       Docket No. FDA–2014–C–1552, by any
                                                                                                       For the reasons set forth in the
                                             to respond to, nor shall any person be                                                                        of the following methods:
                                                                                                     preamble, the Defense Priorities and
                                             subject to a penalty for failure to comply
                                                                                                     Allocations System Regulations (15 CFR                Electronic Submissions
                                             with, a collection of information subject
                                                                                                     part 700) are amended as follows:
                                             to the requirements of the Paperwork                                                                            Submit electronic objections in the
                                             Reduction Act of 1995 (44 U.S.C. 3501                   PART 700—[AMENDED]                                    following way:
                                             et seq.), unless that collection of                                                                             • Federal eRulemaking Portal: http://
                                             information displays a currently valid                  ■ 1. The authority citation for 15 CFR                www.regulations.gov. Follow the
                                             Office of Management and Budget                         part 700 continues to read as follows:                instructions for submitting comments.
                                             control number. This rule does not                                                                            Written Submissions
                                                                                                       Authority: 50 U.S.C. App. 2061, et seq.; 42
                                             involve a collection of information that
                                                                                                     U.S.C. 5195, et seq.; 50 U.S.C. App 468; 10             Submit written objections in the
                                             is subject to the Paperwork Reduction                   U.S.C. 2538; 50 U.S.C. 82; E.O. 12656, 53 FR
                                             Act.                                                    226, 3 CFR, 1988, Comp. 585; E.O. 12742, 56
                                                                                                                                                           following ways:
                                                3. This rule does not contain policies               FR 1079, 3 CFR, 1991 Comp. 309; E.O. 13603,             • Mail/Hand delivery/Courier (for
                                             with Federalism implications as that                    77 FR 16651, 3 CFR, 2012 Comp., p. 225.               paper submissions): Division of Dockets
                                             term is defined under Executive Order                                                                         Management (HFA–305), Food and Drug
                                             13132.                                                  § 700.57    [Amended]                                 Administration, 5630 Fishers Lane, Rm.
                                                4. BIS finds good cause under 5 U.S.C.                                                                     1061, Rockville, MD 20852.
                                                                                                     ■ 2. Section 700.57 is amended by
                                             553(b)(B) to waive prior notice of                                                                              Instructions: All submissions received
                                                                                                     adding ‘‘Spain’’ after ‘‘The
                                             proposed rulemaking and the                                                                                   must include the Agency name and
                                                                                                     Netherlands,’’ in:
                                             opportunity for public comment                                                                                Docket No. FDA–2014–C–1552 for this
                                             because it is unnecessary. This rule                    ■ a. The last sentence of paragraph (a);              rulemaking. All objections received will
                                             merely updates the list of countries with               ■ b. The italicized heading of paragraph              be posted without change to http://
                                             which the DOD has entered into                          (c);                                                  www.regulations.gov, including any
                                             security of supply arrangements and                     ■ c. Paragraph (c)(1); and                            personal information provided. For
                                             thus may seek prioritization of contracts               ■ d. The first and second sentences of
                                                                                                                                                           detailed instructions on submitting
                                             in those countries. Persons in the                      paragraph (c)(2).                                     objections, see the ‘‘Objections’’ heading
                                             United States who need such                                                                                   of the SUPPLEMENTARY INFORMATION
rmajette on DSK7SPTVN1PROD with RULES




                                             prioritization may request DOD                            Dated: August 17, 2015.                             section.
                                             assistance to obtain it. The lists are in               Kevin J. Wolf,                                          Docket: For access to the docket to
                                             the DPAS regulations to inform persons                  Assistant Secretary for Export                        read background documents or
                                             whose need for contract prioritization                  Administration.                                       objections received, go to http://
                                             may extend beyond the United States of                  [FR Doc. 2015–20704 Filed 8–20–15; 8:45 am]           www.regulations.gov and insert the
                                             where they may be able to obtain                        BILLING CODE 3510–JT–P                                docket number, found in brackets in the


                                        VerDate Sep<11>2014   14:16 Aug 20, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                                  50763

                                             heading of this document, into the                      aqueous extraction of the spray-dried                 consumer of a color additive as a
                                             ‘‘Search’’ box and follow the prompts                   biomass of A. platensis (also known as                measure of high chronic exposure.
                                             and/or go to the Division of Dockets                    Spirulina platensis), an edible blue-
                                                                                                                                                           B. Safety of Petitioned Use of the Color
                                             Management, 5630 Fishers Lane, Rm.                      green cyanobacterium. The color
                                                                                                                                                           Additive
                                             1061, Rockville, MD 20852.                              additive contains phycocyanins as the
                                             FOR FURTHER INFORMATION CONTACT:                        principal coloring component. The                       To support the safety of the petitioned
                                             Molly A. Harry, Center for Food Safety                  maximum phycocyanin content of the                    use of spirulina extract as a color
                                                                                                     color additive is 28 percent. Based on                additive in coating formulations applied
                                             and Applied Nutrition (HFS–265), Food
                                                                                                     data and information provided in the                  to dietary supplement and drug tablets
                                             and Drug Administration, 5100 Paint
                                                                                                     petition on the identity, physical and                and capsules, Colorcon submitted an
                                             Branch Pkwy., College Park, MD 20740–
                                                                                                     chemical properties, manufacturing                    exposure estimate for phycocyanins (the
                                             3835, 240–402–1075.
                                                                                                     process, and composition of the color                 principal coloring component).
                                             SUPPLEMENTARY INFORMATION:                                                                                    Colorcon estimated that the petitioned
                                                                                                     additive, we have determined that the
                                             I. Introduction                                         color additive meets the specifications               use of spirulina extract in coating
                                                                                                     for spirulina extract in § 73.530 (Ref. 1).           formulations applied to dietary
                                               In a notice published in the Federal                                                                        supplement and drug tablets and
                                             Register of October 22, 2014 (79 FR                       Spirulina extract is intended to be
                                                                                                     used as a color additive in film coating              capsules will result in an exposure to
                                             63062), we announced that we had filed                                                                        phycocyanins of 20.9 milligrams/
                                             a color additive petition (CAP 4C0300),                 formulations applied to dietary
                                                                                                     supplement and drug tablets and                       person/day (mg/p/d) for the 90th
                                             submitted by Colorcon, Inc. (petitioner),                                                                     percentile consumer (Ref. 2). We agree
                                             275 Ruth Rd., Harleysville, PA 19438.                   capsules in amounts consistent with
                                                                                                     GMP. The maximum GMP use level for                    with Colorcon’s exposure estimate for
                                             The petition proposed to amend the                                                                            phycocyanins and conclude that it is
                                             color additive regulations in Title 21,                 spirulina extract in an individual
                                                                                                     coating will be determined by the                     sufficiently conservative (Ref. 2).1
                                             Code of Federal Regulations (CFR) part                                                                           Regarding cumulative exposure
                                             73 Listing of Color Additives Exempt                    desired coloring effect. Therefore,
                                                                                                     because the amount of the color additive              (cumulative EDI, or CEDI) to
                                             From Certification to provide for the                                                                         phycocyanins from spirulina and
                                             safe use of spirulina extract, prepared by              used in these coatings is self-limiting,
                                                                                                     we have determined that there is no                   spirulina-derived substances, FDA
                                             the filtered aqueous extraction of the                                                                        discussed in the final rule for use of
                                             dried biomass of Arthrospira platensis                  need for a specific upper limit on the
                                                                                                     percent by weight of spirulina extract in             spirulina extract as a color additive in
                                             (A. platensis), as a color additive in                                                                        candy and chewing gum that spirulina
                                             coating formulations applied to dietary                 coating formulations applied to dietary
                                                                                                                                                           and spirulina-derived substances have
                                             supplement and drug tablets and                         supplement and drug tablets and
                                                                                                                                                           been the subject of four notices
                                             capsules.                                               capsules (Ref. 1).
                                                                                                                                                           submitted by firms to FDA informing us
                                             II. Background                                          III. Safety Evaluation                                of their determinations that certain uses
                                                                                                                                                           of spirulina-derived substances are
                                                In the Federal Register of August 13,                A. Determination of Safety
                                                                                                                                                           generally recognized as safe (GRAS) (78
                                             2013 (78 FR 49117), we issued a final                      Under section 721(b)(4) of the Federal             FR 49117 at 49118). One of the GRAS
                                             rule in response to a color additive                    Food, Drug, and Cosmetic Act (the                     notices (GRN 000424) pertains to the
                                             petition (CAP 2C0293) approving the                     FD&C Act) (21 U.S.C. 379e(b)(4)), a color             use of a spirulina-derived substance
                                             use of a filtered aqueous extract of the                additive may not be listed for a                      similar in chemical composition to the
                                             dried biomass of A. platensis as a color                particular use unless the data and                    subject color additive but with a much
                                             additive in candy and chewing gum at                    information available to FDA establish                higher phycocyanin content ranging
                                             levels consistent with good                             that the color additive is safe for that              from 42 to 47 percent, and included use
                                             manufacturing practice (GMP). We                        use. Our color additive regulations at 21             in all foods (except infant formula and
                                             established spirulina extract as the                    CFR 70.3(i) define ‘‘safe’’ to mean that              foods under U.S. Department of
                                             common or usual name for the color                      there is convincing evidence that                     Agriculture’s jurisdiction) at levels
                                             additive and listed it in § 73.530 (21                  establishes with reasonable certainty                 consistent with GMP. The upper bound
                                             CFR 73.530). In addition to the identity                that no harm will result from the                     CEDI for phycocyanins resulting from
                                             of the color additive, the regulation in                intended use of the color additive. To                the notified uses of spirulina extract was
                                             § 73.530 includes specifications that                   establish with reasonable certainty that              estimated to be 1,140 mg/p/d in GRN
                                             must be met for lead, arsenic, mercury,                 a color additive intended for use in food             000424 based on conservative
                                             and microcystin toxin.                                  is not harmful under its intended                     assumptions (Ref. 3). This exposure
                                                In the Federal Register of April 11,                 conditions of use, we consider the                    estimate does not appear to include
                                             2014 (79 FR 20095), we issued a final                   projected human dietary exposure to the               exposure to phycocyanins from use of
                                             rule in response to a color additive                    additive, the additive’s toxicological                spirulina extract in dietary
                                             petition (CAP 2C0297) amending                          data, and other relevant information                  supplements. Colorcon estimated that
                                             § 73.530 to include the use of spirulina                (such as published literature) available              the use of spirulina extract in coating
                                             extract as a color additive in confections              to us. We compare an individual’s                     formulations applied to dietary
                                             (including candy and chewing gum),                      estimated exposure, or estimated daily                supplement and drug tablets and
                                             frostings, ice cream and frozen desserts,               intake (EDI), of the additive from all                capsules would increase the previously
                                             dessert coatings and toppings, beverage                 food sources to an acceptable daily                   estimated upper bound CEDI of
                                             mixes and powders, yogurts, custards,                   intake level established by toxicological             phycocyanins by 1.8 percent. We agree
                                             puddings, cottage cheese, gelatin,                      data. The EDI is determined by                        that Colorcon’s estimate is conservative,
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                                             breadcrumbs, and ready-to-eat cereals                   projections based on the amount of the                and that the petitioned use of spirulina
                                             (excluding extruded cereals), at levels                 additive proposed for use in particular
                                             consistent with GMP.                                    foods or drugs and on data regarding the                1 The petition referred to both ‘‘drug tablets and

                                                The spirulina extract used for the                   amount consumed from all ingested                     capsules’’ and ‘‘pharmaceutical tablets and
                                                                                                                                                           capsules.’’ The term ‘‘pharmaceutical tablets and
                                             purposes of CAP 4C0300 is a blue-                       sources of the additive. We commonly                  capsules’’ was used regarding the exposure
                                             colored powder produced by the filtered                 use the EDI for the 90th percentile                   assessment (Ref. 2).



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                                             50764              Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations

                                             extract would not contribute                            phycocyanins with the sequences of                    This final rule is not a statement
                                             significantly to the previously estimated               known protein allergens, we had                       regarding compliance with other
                                             upper bound CEDI of 1,140 mg/p/d for                    determined that there is a low                        sections of the FD&C Act. For example,
                                             phycocyanins (Ref. 2).                                  probability that phycocyanins are                     section 301(ll) of the FD&C Act (21
                                                In support of safety of the use of                   protein allergens. We therefore                       U.S.C. 331(ll) prohibits the introduction
                                             spirulina extract as a color additive in                concluded that the spirulina                          or delivery for introduction into
                                             coating formulations applied to dietary                 phycocyanins present an insignificant                 interstate commerce of any food that
                                             supplement and drug tablets and                         allergy risk to consumers of the color                contains a drug approved under section
                                             capsules in the subject petition,                       additive. We are not aware of any new                 505 of the FD&C Act (21 U.S.C. 355), a
                                             Colorcon referenced the safety                          information that would cause us to                    biological product licensed under
                                             determinations made by FDA for CAP                      change this conclusion.                               section 351 of the Public Health Service
                                             2C0293 (78 FR 49117) and CAP 2C0297                                                                           Act (42 U.S.C. 262), or a drug or
                                             (79 FR 20095). The petitioner also                      IV. Conclusion                                        biological product for which substantial
                                             conducted a search of the peer-reviewed                    Based on the data and information in               clinical investigations have been
                                             scientific literature for animal and                    the petition and other relevant material,             instituted and their existence has been
                                             human oral consumption studies that                     we conclude that the petitioned use of                made public, unless one of the
                                             tested spirulina, spirulina-derived                     spirulina extract in coating formulations             exemptions in section 301(ll)(1) to (4) of
                                             ingredients, and phycocyanins that have                 applied to dietary supplement and drug                the FD&C Act applies. In our review of
                                             been published since 2011. The                          tablets and capsules is safe. We further              this petition, we did not consider
                                             petitioner submitted the published                      conclude that the additive will achieve               whether section 301(ll) of the FD&C Act
                                             animal and human studies that they had                  its intended technical effect and is                  or any of its exemptions apply to food
                                             identified as being relevant to their                   suitable for the petitioned use.                      containing this color additive.
                                             petition. We reviewed the relevant                      Consequently, we are amending the                     Accordingly, this final rule should not
                                             studies and determined that these                       color additive regulations in part 73 as              be construed to be a statement that a
                                             publications did not raise any safety                   set forth in this document. In addition,              food containing this color additive, if
                                             concerns.                                               based upon the factors listed in 21 CFR               introduced or delivered for introduction
                                                In our previous evaluations of the use               71.20(b), we conclude that certification              into interstate commerce, would not
                                             of spirulina extract as a color additive                of spirulina extract is not necessary for             violate section 301(ll) of the FD&C Act.
                                             in food, we had selected as the pivotal                 the protection of the public health.                  Furthermore, this language is included
                                             safety study a 21-month chronic feeding                                                                       in all color additive final rules that
                                             study that tested spirulina powder in                   V. Public Disclosure                                  pertain to food and therefore should not
                                             rats at dietary concentrations of 10, 20,                 In accordance with § 71.15 (21 CFR                  be construed to be a statement of the
                                             or 30 percent (equivalent to 5,000,                     71.15), the petition and the documents                likelihood that section 301(ll) of the
                                             10,000, or 15,000 milligrams per                        that we considered and relied upon in                 FD&C Act applies.
                                             kilogram bodyweight per day (mg/kg                      reaching our decision to approve the
                                             bw/d)). The results of this study showed                                                                      IX. Objections
                                                                                                     petition will be made available for
                                             that prolonged oral consumption of                      public disclosure (see FOR FURTHER                       This rule is effective as shown in the
                                             spirulina powder up to a dietary                        INFORMATION CONTACT). As provided in                  DATES section except as to any
                                             concentration of 15,000 mg/kg bw/d was                  § 71.15, we will delete from the                      provisions that may be stayed by the
                                             without adverse effects. Therefore, we                  documents any materials that are not                  filing of proper objections. If you will be
                                             concluded that the no-observed-effect                   available for public disclosure.                      adversely affected by one or more
                                             level (NOEL) for spirulina is 15,000 mg/                                                                      provisions of this regulation, you may
                                             kg bw/d (900,000 mg/p/d for a 60 kg                     VI. Environmental Impact                              file with the Division of Dockets
                                             person) based on the absence of                            We previously considered the                       Management (see ADDRESSES) either
                                             treatment-related adverse effects at the                environmental effects of this rule, as                electronic or written objections. You
                                             highest concentration tested in this                    stated in the October 22, 2014, notice of             must separately number each objection,
                                             study. We had also determined the                       filing for CAP 4C0300. We stated that                 and within each numbered objection
                                             NOEL for phycocyanins for humans to                     we had determined, under 21 CFR                       you must specify with particularity the
                                             be between 108,000 and 184,500 mg/p/                    25.32(r), that this action ‘‘is of a type             provision(s) of the regulation to which
                                             d (78 FR 49117 at 49119). Taking into                   that does not individually or                         you object, and the grounds for your
                                             account all the available safety                        cumulatively have a significant effect on             objection. Within each numbered
                                             information, the estimated exposure to                  the human environment’’ such that                     objection, you must specifically state
                                             phycocyanins from the petitioned use of                 neither an environmental assessment                   whether you are requesting a hearing on
                                             the spirulina extract, and the margin of                nor an environmental impact statement                 the particular provision that you specify
                                             safety between the CEDI for                             is required. We have not received any                 in that numbered objection. If you do
                                             phycocyanin (1,140 mg/p/d) and the                      new information or comments that                      not request a hearing for any particular
                                             NOEL for phycocyanin (108,000 to                        would affect our previous                             objection, you waive the right to a
                                             184,500 mg/p/d), we conclude that the                   determination.                                        hearing on that objection. If you request
                                             petitioned use of spirulina extract as a                                                                      a hearing, your objection must include
                                             color additive in coating formulations                  VII. Paperwork Reduction Act of 1995                  a detailed description and analysis of
                                             applied to dietary supplement and drug                    This final rule contains no collection              the specific factual information you
                                             tablets and capsules is safe (Ref. 4).                  of information. Therefore, clearance by               intend to present in support of the
                                                The potential allergenicity of
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                                                                                                     the Office of Management and Budget                   objection in the event that a hearing is
                                             spirulina phycocyanins was discussed                    under the Paperwork Reduction Act of                  held. If you do not include such a
                                             in the final rule for the use of spirulina              1995 is not required.                                 description and analysis for any
                                             extract as a color additive in candy and                                                                      particular objection, you waive the right
                                             chewing gum (78 FR 49117 at 49119).                     VIII. Section 301(ll) of the FD&C Act                 to a hearing on the objection.
                                             Based on our review of a comparison of                    Our review of this petition was                        It is only necessary to send one set of
                                             the known amino acid sequences of                       limited to section 721 of the FD&C Act.               documents. Identify documents with the


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                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                              50765

                                             docket number found in brackets in the                    (c) Uses and restrictions. Spirulina                  Dated: August 14, 2015.
                                             heading of this document. Any                           extract may be safely used for coloring               Susan Bernard,
                                             objections received in response to the                  confections (including candy and                      Director, Office of Regulations, Policy and
                                             regulation may be seen in the Division                  chewing gum), frostings, ice cream and                Social Sciences, Center for Food Safety and
                                             of Dockets Management between 9 a.m.                    frozen desserts, dessert coatings and                 Applied Nutrition.
                                             and 4 p.m., Monday through Friday, and                  toppings, beverage mixes and powders,                 [FR Doc. 2015–20676 Filed 8–20–15; 8:45 am]
                                             will be posted to the docket at http://                 yogurts, custards, puddings, cottage                  BILLING CODE 4164–01–P
                                             www.regulations.gov. We will publish                    cheese, gelatin, breadcrumbs, ready-to-
                                             notice of the objections that we have                   eat cereals (excluding extruded cereals),
                                             received or lack thereof in the Federal                 and coating formulations applied to                   DEPARTMENT OF HOMELAND
                                             Register.                                               dietary supplement tablets and                        SECURITY
                                                                                                     capsules, at levels consistent with good
                                             X. References
                                                                                                     manufacturing practice, except that it                Coast Guard
                                                The following references have been                   may not be used to color foods for
                                             placed on display in the Division of                    which standards of identity have been                 33 CFR Part 100
                                             Dockets Management (see ADDRESSES)                      issued under section 401 of the Federal
                                             and may be seen by interested persons                   Food, Drug, and Cosmetic Act, unless                  [Docket Number USCG–2015–0216]
                                             between 9 a.m. and 4 p.m., Monday                       the use of the added color is authorized
                                             through Friday, and are available                                                                             RIN 1625–AA08
                                                                                                     by such standards.
                                             electronically at http://                               *     *     *     *    *                              Special Local Regulation; Suncoast
                                             www.regulations.gov. (FDA has verified                                                                        Super Boat Grand Prix; Gulf of Mexico,
                                             the Web site address in this reference                  ■ 3. Section 73.1530 is added to subpart
                                                                                                     B to read as follows:                                 Sarasota, FL
                                             section, but FDA is not responsible for
                                             any subsequent changes to the Web site                  § 73.1530    Spirulina extract.                       AGENCY:    Coast Guard, DHS.
                                             after this document publishes in the                       (a) Identity. (1) The color additive               ACTION:   Final rule.
                                             Federal Register).                                      spirulina extract is prepared by the
                                             1. Memorandum from N. Belai, Color                      filtered aqueous extraction of the dried              SUMMARY:    The Coast Guard is amending
                                                  Technology Team, OCAC, CFSAN, FDA                  biomass of Arthrospira platensis. The                 a special local regulation for the
                                                  to M. Harry, Division of Petition Review,          color additive contains phycocyanins as               Suncoast Super Boat Grand Prix that
                                                  OFAS, CFSAN, FDA, March 19, 2015.                                                                        occurs on the waters of the Gulf of
                                             2. Memorandum from H. Lee, Division of
                                                                                                     the principal coloring components.
                                                                                                        (2) Color additive mixtures for drug               Mexico near Sarasota, Florida. The
                                                  Petition Review, OFAS, CFSAN, FDA to                                                                     event is scheduled to take place
                                                  M. Harry, Division of Petition Review,             use made with spirulina extract may
                                                  OFAS, CFSAN, FDA, January 30, 2015.                contain only those diluents that are                  annually on the first Friday, Saturday,
                                             3. Letter from D. Keefe, Office of Food                 suitable and are listed in this subpart as            and Sunday of July from 10 a.m. to 5
                                                  Additive Safety, CFSAN, FDA to H.                  safe for use in color additive mixtures               p.m. The amendment is needed in order
                                                  Newman, Desert Lake Technologies,                  for coloring ingested drugs.                          to protect the safety of race participants,
                                                  LLC, Agency Response Letter GRAS                      (b) Specifications. Spirulina extract              participant vessels, spectators, and the
                                                  Notice 000424, December 6, 2012,                   must conform to the following                         general public on the navigable waters
                                                  (http://www.fda.gov/Food/                                                                                of the United States. The amended
                                                  IngredientsPackagingLabeling/GRAS/
                                                                                                     specifications and must be free from
                                                                                                     impurities, other than those named, to                special local regulation will restrict
                                                  NoticeInventory/ucm335743.htm).
                                             4. Memorandum from T. Walker, Division of               the extent that such other impurities                 vessel traffic on the waters near the
                                                  Petition Review, OFAS, CFSAN, FDA to               may be avoided by good manufacturing                  event by establishing the following three
                                                  M. Harry, Division of Petition Review,             practice:                                             areas: A race area, where all persons and
                                                  OFAS, CFSAN, FDA, April 2, 2015.                      (1) Lead, not more than 2 milligrams               vessels, except those persons and
                                                                                                     per kilogram (mg/kg) (2 parts per                     vessels participating in the high speed
                                             List of Subjects in 21 CFR Part 73
                                                                                                     million (ppm));                                       boat races, are prohibited from entering,
                                               Color additives, Cosmetics, Drugs,                       (2) Arsenic, not more than 2 mg/kg (2              transiting through, anchoring in, or
                                             Medical devices.                                        ppm);                                                 remaining within; a spectator area,
                                               Therefore, under the Federal Food,                       (3) Mercury, not more than 1 mg/kg (1              where all vessels must be anchored or
                                             Drug, and Cosmetic Act and under                        ppm); and                                             operate at No Wake Speed; and an
                                             authority delegated to the Commissioner                    (4) Negative for microcystin toxin.                enforcement area where designated
                                             of Food and Drugs and re-delegated to                      (c) Uses and restrictions. Spirulina               representatives may control vessel
                                             the Director, Center for Food Safety and                extract may be safely used for coloring               traffic as determined by prevailing
                                             Applied Nutrition, 21 CFR part 73 is                    coating formulations applied to drug                  conditions.
                                             amended as follows:                                     tablets and capsules, at levels consistent
                                                                                                     with good manufacturing practice.                     DATES:  This rule is effective September
                                             PART 73—LISTING OF COLOR                                   (d) Labeling requirements. The label               21, 2015.
                                             ADDITIVES EXEMPT FROM                                   of the color additive and any mixture                 ADDRESSES: Documents mentioned in
                                             CERTIFICATION                                           prepared therefrom intended solely or                 this preamble are part of docket USCG–
                                                                                                     in part for coloring purposes shall                   2015–0216. To view documents
                                             ■ 1. The authority citation for 21 CFR                  conform to the requirements of § 70.25                mentioned in this preamble as being
                                             part 73 continues to read as follows:                   of this chapter.                                      available in the docket, go to http://
                                                                                                        (e) Exemption from certification.                  www.regulations.gov, type the docket
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                                               Authority: 21 U.S.C. 321, 341, 342, 343,
                                             348, 351, 352, 355, 361, 362, 371, 379e.                Certification of this color additive is not           number in the ‘‘SEARCH’’ box and click
                                             ■ 2. Section 73.530 is amended by                       necessary for the protection of the                   ‘‘SEARCH.’’ Click on Open Docket
                                             revising paragraph (c) to read as follows:              public health, and therefore batches                  Folder on the line associated with this
                                                                                                     thereof are exempt from the certification             rulemaking. You may also visit the
                                             § 73.530   Spirulina extract.                           requirements of section 721(c) of the                 Docket Management Facility in Room
                                             *      *     *       *      *                           Federal Food, Drug, and Cosmetic Act.                 W12–140 on the ground floor of the


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Document Created: 2018-02-23 11:01:17
Document Modified: 2018-02-23 11:01:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective September 22, 2015. See section IX for information on the filing of objections. Submit either electronic or written objections and requests for a hearing by September 21, 2015.
ContactMolly A. Harry, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1075.
FR Citation80 FR 50762 
CFR AssociatedColor Additives; Cosmetics; Drugs and Medical Devices

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