SUPPLEMENTARY INFORMATION:

Under section 721(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e(d)(1)), we are giving notice that we have filed a color additive petition (CAP 4C0330), submitted by Intertek Health Sciences, Inc. on behalf of Lonza Greenwood LLC, 2233 Argentia Rd., Suite 201, Mississauga, ON, Canada L5N 2X7. The petition proposes to amend the color additive regulations in 21 CFR 73.125, Listing of Color Additives Exempt from Certification: Sodium copper chlorophyllin to provide for the safe use of sodium copper chlorophyllin in dietary supplement capsules in an amount ranging from 0.08 to 0.4 percent of the weight of the capsule, and to add fescue grass ( Festuca arundinacea) as a permitted source of the color additive.

The petitioner claims that this action is categorically excluded under 21 CFR 25.32(k) because the substance is intended to remain in food through ingestion by consumers and is not intended to replace macronutrients in food. In addition, the petitioner states that, to their knowledge, no extraordinary circumstances exist. If FDA determines a categorical exclusion applies, neither an environmental assessment nor an environmental impact statement is required. If FDA determines a categorical exclusion does not apply, we will request an environmental assessment and make it available for public inspection.

89 FR 43349