[Federal Register: March 29, 2005 (Volume 70, Number 59)]
[Rules and Regulations]               
[Page 15756-15758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr05-5]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. 2003F-0471]

 
Food Additives Permitted for Direct Addition to Food for Human 
Consumption; Glycerol Ester of Gum Rosin

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 glycerol ester of 
gum rosin (GEGR) to adjust the density of citrus oils used in the 
preparation of beverages. This action is in response to a petition 
filed by T&R Chemicals, Inc.

DATES: This rule is effective March 29, 2005. Submit written or 
electronic objections and requests for a hearing by April 28, 2005.

ADDRESSES: You may submit written or electronic objections and requests 
for a hearing, identified by Docket No. 2003F-0471, by any of the 
following methods:
     Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. 

Follow the instructions for submitting comments.
     Agency Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/dockets/ecomments.


[[Page 15757]]

 Follow the instructions for submitting comments on the agency Web 
site.
     E-mail: fdadockets@oc.fda.gov. Include Docket No. 2003F-
0471 in the subject line of your e-mail message.
     FAX: 301-827-6870.
     Mail/Hand delivery/Courier (For paper, disk, or CD-ROM 
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 number for this rulemaking. All objections received will be 
posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ohrms/dockets/default.htm, 

including any personal information provided. For detailed instructions 
on submitting objections see the ``Objections'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ohrms/dockets/default.htm 

and insert the docket number, found in brackets in the 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: Andrew J. Zajac, Center for Food 
Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1267.

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice published in the Federal Register of October 17, 2003 
(68 FR 59794), FDA announced that a food additive petition (FAP 3A4749) 
had been filed by T&R Chemicals, Inc., c/o The Environ Health Sciences 
Institute, 4350 North Fairfax Dr., suite 300, Arlington, VA 22203. The 
petition proposed to amend the food additive regulations in part 172 
(21 CFR part 172) to provide for the safe use of GEGR to adjust the 
density of citrus oils used in the preparation of beverages.
    The proposed additive is intended to substitute for glycerol ester 
of wood rosin (GEWR). GEWR is currently permitted under Sec.  172.735 
for use in adjusting the density of citrus oils used in the preparation 
of beverages at a level not to exceed 100 parts per million (ppm) of 
the finished beverage. GEGR would be used at the same level as GEWR. In 
evaluating this petition, the agency reviewed data and information 
concerning: (1) The chemical composition of GEGR in comparison with 
that of GEWR, (2) the process used to manufacture GEGR, (3) 
physicochemical properties of GEGR compared to those of GEWR, (4) 
conformance of GEGR with the specifications in Sec.  172.735 for GEWR, 
(5) the functional equivalence of GEGR to GEWR, and (6) relevant safety 
information.
    Based on its evaluation, the agency has determined that GEGR is 
chemically similar to GEWR, such that any increase in the estimated 
daily intake (EDI) of the individual resin acids and resin acid esters 
that are the major components of both GEGR and GEWR from the petitioned 
use of GEGR would be insignificant and of no toxicological concern. The 
agency concludes that the petitioned use of GEGR as a substitute for 
GEWR to adjust the density of citrus oils used in the preparation of 
beverages at a level not to exceed 100 ppm of the finished beverage is 
safe, the additive will achieve its intended technical effect, and 
therefore, Sec.  172.735 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 (see FOR 
FURTHER INFORMATION CONTACT). 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.

II. Response to Comments

    During the course of FDA's evaluation of FAP 3A4749, the agency 
received one comment on the petition. This comment objects to the 
petitioner's claim that GEGR and GEWR are chemically equivalent. The 
comment points to purported differences in raw material sourcing and 
processing, compositional differences and variation in gum rosin, and 
differences occurring during the esterification process due to 
variations in the resin acid content. The comment also challenges the 
analytical methodology (i.e., saponification followed by gas 
chromatographic analysis) used by the petitioner in comparing GEGR and 
GEWR. The comment further objects to the petitioner's reliance on 
safety data which support the use of GEWR as the basis for establishing 
the safety of GEGR, on the grounds that such use of unpublished 
information furnished previously to FDA by another person was not 
authorized as required by Sec.  171.1(b).
    While FDA agrees that there are differences in raw material 
sourcing and processing for GEGR and GEWR, FDA has concluded that the 
compositions of these two substances are so similar that any 
differences are not of toxicological concern for the petitioned use. 
FDA also agrees there will be variability in the composition of the 
rosins depending on the source and even from the same source due to 
differences in climate and soil conditions (Ref. 1). However, this 
natural variability does not result in a qualitatively different 
composition of the rosin but rather a typical range of values for the 
individual components of the rosin. Because of source variability and 
different climates and soils, the composition of GEGR will vary from 
batch to batch, although its general composition will fall within a 
typical range. The composition of GEWR will vary in an analogous 
manner. Furthermore, this variability in the rosin composition does not 
result in a significant difference in the EDI for the individual resin 
acid components of GEGR and GEWR for the conditions of use. In 
addition, GEWR is characterized by its physical properties, which are 
specified in Sec.  172.735. GEGR will have to conform to these same 
specifications.
    As stated previously in this document, the comment also challenges 
the analytical methodology (i.e., saponification followed by gas 
chromatographic analysis) used by the petitioner in comparing GEGR and 
GEWR. The comment claims that this technique is inappropriate because 
it can induce isomerization of the resin acids, thereby changing the 
composition compared to the starting rosin. No literature references or 
data were provided to support this statement. In addition, the 
procedure used by the petitioner included a step to decrease the amount 
of isomerization. The petitioner also used other appropriate analytical 
techniques (e.g., infrared spectroscopy and nuclear magnetic resonance 
spectroscopy) to compare GEGR and GEWR. Therefore, the agency concludes 
that data from these techniques, as well as the data from the gas 
chromatographic analyses, adequately demonstrate that GEGR and GEWR are 
chemically similar.
    Because the agency has determined that GEGR and GEWR are similar 
with respect to the identity of their chemical components and that any 
difference in the ranges for the components of GEGR and GEWR are not 
significantly different and would be of no toxicological concern, there 
is no need for toxicological testing of GEGR to demonstrate that the 
petitioned use is safe.

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III. Environmental Impact

    The agency has previously considered the environmental effects of 
this rule as announced in the notice of filing for FAP 3A4749 (68 FR 
59794). No new information or comments have been received that would 
affect the agency's previous determination that there is no significant 
impact on the human environment and that an environmental impact 
statement is not required.

IV. 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.

V. Objections

    Any person who will be adversely affected by this regulation may 
file with the Division of Dockets Management (see ADDRESSES) written or 
electronic objections (see DATES). 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 are to be submitted and are to 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 Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday.

VI. Reference

    The following reference has 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.
    1. Memorandum from D. Doell, FDA, Division of Petition Review, 
Chemistry Review Group, and David Carlson, FDA, Division of Petition 
Review, Toxicology Review Group I, to A. Zajac, FDA Division of 
Petition Review, Regulatory Review Group I, February 17, 2005.

List of Subjects in 21 CFR Part 172

    Food additives, Reporting and recordkeeping requirements.

0
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, 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

0
1. The authority citation for 21 CFR part 172 continues to read as 
follows:

    Authority: 21 U.S.C. 321, 341, 342, 348, 371, 379e.


0
2. Section 172.735 is amended by revising the section heading and the 
introductory text to read as follows:


Sec.  172.735  Glycerol ester of wood or gum rosin.

    Glycerol ester of wood or gum rosin may be safely used in food in 
accordance with the following prescribed conditions:
* * * * *

    Dated: March 18, 2005.
Leslye M. Fraser,
Director, Officer of Regulations and Policy, Center for Food Safety and 
Applied Nutrition.
[FR Doc. 05-6089 Filed 3-28-05; 8:45 am]

BILLING CODE 4160-01-S