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Federal Register Final Rule - 69FR 60307 October 8, 2004: Listing of Color Additives Subject to Certification; D&C Black No. 2; Confirmation of Effective Date

[Federal Register: October 8, 2004 (Volume 69, Number 159)]
[Rules and Regulations]
[Page 60307-60308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc04-7]
 
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
Food and Drug Administration
 
21 CFR Part 74
 
[Docket No. 1987C-0023]
 
 
Listing of Color Additives Subject to Certification; D&C Black
No. 2; Confirmation of Effective Date
 
AGENCY:  Food and Drug Administration, HHS.
 
ACTION:  Final rule; confirmation of effective date.
 
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SUMMARY:  The Food and Drug Administration (FDA) is confirming the
effective date of August 30, 2004, for the final rule that appeared in
the Federal Register of July 28, 2004 (69 FR 44927). The final rule
amended the color additive regulations to provide for the safe use of
D&C Black No. 2 (a high purity furnace black, subject to FDA batch
certification) as a color additive in the following cosmetics:
Eyeliner, brush-on-brow, eye shadow, mascara, lipstick, blushers and
rouge, makeup and foundation, and nail enamel.
 
DATES:  Effective date confirmed: August 30, 2004.
 
FOR FURTHER INFORMATION CONTACT: Celeste Johnston, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835, 202-418-3423.
 
SUPPLEMENTARY INFORMATION: In the Federal Register of July 28, 2004 (69
FR 44927), FDA amended the color additive regulations to add Sec.
74.2052 D&C Black No. 2 (21 CFR 74.2052) to provide for the safe use of
D&C Black No. 2 as a color additive in the following cosmetics:
Eyeliner, brush-on-brow, eye shadow, mascara, lipstick, blushers and
rouge, makeup and foundation, and nail enamel.
    FDA gave interested persons until August 27, 2004, to file
objections or requests for a hearing. The agency received no objections
or requests for a hearing on the final rule. Therefore,
 
[[Page 60308]]
 
FDA finds that the effective date of the final rule that published in
the Federal Register of July 28, 2004, should be confirmed.
 
List of Subjects in 21 CFR Part 74
 
    Color additives, Cosmetics, Drugs.
 
0
Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and under
authority delegated to the Commissioner of Food and Drugs (1410.10 of
the FDA Staff Manual Guide), notice is given that no objections or
requests for a hearing were filed in response to the July 28, 2004,
final rule. Accordingly, the amendments issued thereby became effective
August 30, 2004.
 
    Dated: September 30, 2004.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 04-22605 Filed 10-7-04; 8:45 am]
BILLING CODE 4160-01-S