[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