21 C.F.R. § 178.3740   Plasticizers in polymeric substances.
Title 21 - Food and Drugs


Title 21: Food and Drugs
PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS
Subpart D—Certain Adjuvants and Production Aids

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§ 178.3740   Plasticizers in polymeric substances.

Subject to the provisions of this regulation, the substances listed in paragraph (b) of this section may be safely used as plasticizers in polymeric substances used in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food.

(a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect.

(b) List of substances:

 ------------------------------------------------------------------------           Substances                           Limitations------------------------------------------------------------------------Butylbenzyl phthalate...........  For use only:                                  1. As provided in §§ 175.105                                   and 176.180 of this chapter.                                  2. In polymeric substances used in                                   food-contact articles complying with                                   § 175.300, § 175.320, or                                   § 176.170 of this chapter:                                   Provided, That the butyl benzyl                                   phthalate contains not more than 1                                   percent by weight of dibenzyl                                   phthalate.                                  3. In polymeric substances used in                                   other permitted food-contact                                   articles: Provided, That the butyl                                   benzyl phthalate contains not more                                   than 1 percent by weight of dibenzyl                                   phthalate; and Provided further, That                                   the finished food-contact article,                                   when extracted with the solvent or                                   solvents characterizing the type of                                   food and under the conditions of time                                   and temperature characterizing the                                   conditions of its intended use as                                   determined from tables 1 and 2 of                                   § 175.300(d) of this chapter,                                   shall yield net chloroform-soluble                                   extractives not to exceed 0.5 mg. per                                   square inch, as determined by the                                   methods prescribed in §                                   175.300(e) of this chapter.1,3-Butylene glycoladipic acid    For use at levels not exceeding 33 polyester (1,700-2,200            percent by weight of polyvinyl molecular weight) terminated      chloride homopolymers used in contact with a 16 percent by weight       with food (except foods that contain mixture of myristic, palmitic,    more than 8 percent of alcohol) at and stearic acids.                temperatures not to exceed room                                   temperature. The average thickness of                                   such homopolymers in the form in                                   which they contact food shall not                                   exceed 0.004 inch.Di(C7, C9-alkyl) adipate, in      For use only under the conditions which the C7, C9-alkyl groups     listed below, and excluding use as a are derived from linear alpha     component of resinous and polymeric olefins by the oxo process.       coatings described in § 175.300                                   of this chapter.                                  1. At levels not to exceed 24 percent                                   by weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty foods. The                                   average thickness of such polymers in                                   the form in which they contact food                                   shall not exceed 0.005 inch.                                  2. At levels not to exceed 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter, with                                   fatty foods having a fat and oil                                   content not exceeding a total of 40                                   pct by weight. The average thickness                                   of such polymers in the form in which                                   they contact food shall not exceed                                   0.005 inch.                                  3. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty foods. The                                   average thickness of such polymer in                                   the form in which they contact food                                   shall not exceed 0.002 inch.                                  4. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter with fatty                                   foods having a fat and oil content                                   not exceeding a total of 40 pct by                                   weight. The average thickness of such                                   polymers in the form in which they                                   contact food shall not exceed 0.002                                   inch.Di-n-alkyl adipate made from C6   For use only: C8-C10 (predominately C8 and     1. At levels not exceeding 24 pct by C10) or C8-C10 synthetic fatty    weight of permitted vinyl chloride alcohols complying with §    homo- and/or copolymers used in 172.864 of this chapter.          contact with nonfatty foods. The                                   average thickness of such polymers in                                   the form in which they contact food                                   shall not exceed 0.005 inch.                                  2. At levels not exceeding 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter, with                                   fatty foods having a fat and oil                                   content not exceeding a total of 40                                   pct by weight. The average thickness                                   of such polymers in the form in which                                   they contact food shall not exceed                                   0.005 inch.                                  3. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty foods. The                                   average thickness of such polymers in                                   the form in which they contact food                                   shall not exceed 0.002 inch.                                  4. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter, with                                   fatty foods having a fat and oil                                   content not exceeding a total of 40                                   pct by weight. The average thickness                                   of such polymers in which they                                   contact food shall not exceed 0.002                                   inch.Dicyclohexyl phthalate..........  For use only:                                  1. As provided in §§                                   175.105, 176.170, 176.180, and                                   177.1200 of this chapter.                                  2. Alone or in combination with other                                   phthalates, in plastic film or sheet                                   prepared from polyvinyl acetate,                                   polyvinyl chloride, and/or vinyl                                   chloride copolymers complying with                                   § 177.1980 of this chapter. Such                                   plastic film or sheet shall be used                                   in contact with food at temperatures                                   not to exceed room temperature and                                   shall contain no more than 10 pct by                                   weight of total phthalates,                                   calculated as phthalic acid.Di(2-ethylhexyl) adipate........  ......................................Diisononyl adipate..............  For use only:                                  1. At levels not exceeding 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty, nonalcoholic                                   foods. The average thickness of such                                   polymers in the form in which they                                   contact food shall not exceed 0.005                                   inch.                                  2. At levels not exceeding 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact under conditions of use F and                                   G described in table 2 of §                                   176.170(c) of this chapter with                                   fatty, nonalcoholic foods having a                                   fat and oil content not exceeding a                                   total of 30 pct by weight. The                                   average thickness of such polymers in                                   the form in which they contact food                                   shall not exceed 0.005 inch.                                  3. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty, nonalcoholic                                   foods. The average thickness of such                                   polymers in the form in which they                                   contact food shall not exceed 0.002                                   inch.                                  4. At levels not exceeding 35 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter with                                   fatty, nonalcoholic foods having a                                   fat and oil content not exceeding a                                   total of 40 pct by weight. The                                   average thickness of such polymers in                                   the form in which they contact food                                   shall not exceed 0.002 inch.Diisononyl phthalate............  For use only at levels not exceeding                                   43 pct by weight of permitted vinyl                                   chloride homo- and/or copolymers used                                   in contact with food only of the                                   types identified in § 176.170(c)                                   of this chapter, table 1, under                                   Categories I, II, IV-B, and VIII, at                                   temperatures not exceeding room                                   temperature. The average thickness of                                   such polymers in the form in which                                   they contact food shall not exceed                                   0.005 inch.Di(2-ethylhexyl) azelate........  For use only:                                  1. At levels not exceeding 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact with nonfatty, nonalcoholic                                   food. The average thickness of such                                   polymers in the form in which they                                   contact food shall not exceed 0.003                                   inch.                                  2. At levels not exceeding 24 pct by                                   weight of permitted vinyl chloride                                   homo- and/or copolymers used in                                   contact, under conditions of use F                                   and G described in table 2 of §                                   176.170(c) of this chapter, with                                   fatty, nonalcoholic food having a fat                                   and oil content not exceeding a total                                   of 30 percent by weight. The average                                   thickness of such polymers in the                                   form in which they contact food shall                                   not exceed 0.003 inch.Di-n-hexylazelate...............  For use only:                                  1. In polymeric substances used in                                   contact with nonfatty food.                                  2. In polymeric substances used in                                   contact with fatty food and limited                                   to use at levels not exceeding 15 pct                                   by weight of such polymeric substance                                   except as provided under limitation                                   3.                                  3. At levels greater than 15 but not                                   exceeding 24 pct by weight of                                   permitted vinyl chloride homo- and/or                                   copolymers used in contact, under                                   conditions of use F or G described in                                   table 2 of § 176.170(c) of this                                   chapter, with fatty food having a fat                                   and oil content not exceeding a total                                   of 30 pct by weight. The average                                   thickness of such polymers in the                                   form in which they contact food shall                                   not exceed 0.003 inch.Dihexyl phthalate...............  For use only:                                  1. As provided in § 175.105 of                                   this chapter.                                  2. In articles that contact food only                                   of the types identified in §                                   176.170(c) of this chapter, table 1,                                   under Categories I, II, IV-B, VI-B,                                   and VIII.Diphenyl phthalate..............  For use only:                                  1. As provided in § 175.105 of                                   this chapter.                                  2. Alone or in combination with other                                   phthalates, in plastic film or sheet                                   prepared from polyvinyl acetate,                                   polyvinyl chloride, and/or vinyl                                   chloride copolymers complying with                                   § 177.1980 of this chapter. Such                                   plastic film or sheet shall be used                                   in contact with food at temperatures                                   not to exceed room temperature and                                   shall contain no more than 10 pct by                                   weight of total phthalates,                                   calculated as phthalic acid.Epoxidized butyl esters of        Iodine number, maximum 5; oxirane linseed oil fatty acids.          oxygen, minimum 7.8 pct.Epoxidized linseed oil..........  Iodine number, maximum 5; oxirane                                   oxygen, minimum 9-pct.Mineral oil, white..............Polybutene, hydrogenated          For use only: (minimum viscosity at 99         1. In polymeric substances used in °F, 39 Saybolt Universal      contact with non-fatty food. seconds, as determined by ASTM   2. In polyethylene complying with methods D445-82 (``Standard       § 177.1520 of this chapter and Test Method for Kinematic         used in contact with fatty food, Viscosity of Transparent and      provided that the hydrogenated Opaque Liquids (and the           polybutene is added in an amount not Calculation of Dynamic            to exceed 0.5 pct by weight of the Viscosity)'') and D2161-82        polyethylene, and further provided (``Standard Method for            that such plasticized polyethylene Conversion of Kinematic           shall not be used as a component of Viscosity to Saybolt Universal    articles intended for packing or Viscosity or to Saybolt Furol     holding food during cooking. Viscosity''), and bromine        3. In polystyrene complying with number of 3 or less, as           § 177.1640 of this chapter and determined by ASTM method D1492-  used in contact with fatty food, 78 (``Standard Test Method for    provided that the hydrogenated Bromine Index of Aromatic         polybutene is added in an amount not Hydrocarbons by Coulometric       to exceed 5 pct by weight of the Titration''), which are           polystyrene, and further provided incorporated by reference.        that such plasticized polystyrene Copies may be obtained from the   shall not be used as a component of American Society for Testing      articles intended for packing or Materials, 100 Barr Harbor Dr.,   holding food during cooking. West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: https:// www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html..Polyisobutylene (mol weight 300-  For use in polyethylene complying with 5,000).                           § 177.1520 of this chapter,                                   provided that the polyisobutylene is                                   added in an amount not exceeding 0.5                                   pct by weight of the polyethylene,                                   and further provided that such                                   plasticized polyethylene shall not be                                   used as a component of articles                                   intended for packing or holding food                                   during cooking.Polyisobutylene complying with § 177.1420 of this chapter.Polypropylene glycol (CAS         For use only in polystyrene plastics, registry No. 25322-69-4)          identified in § 177.1640(a)(1), (minimum mean molecular weight    in an amount not to exceed 6 pct by 1,200).                           weight of the finished food-contact                                   article.Propylene glycol azelate          For use only at levels not exceeding (average mol. weight 3,000).      41 pct by weight of permitted                                   polyvinyl chloride coatings. Such                                   coatings shall be used only as bulk                                   food contact surfaces of articles                                   intended for repeated use, complying                                   with § 177.2600 of this chapter.Triethylene glycol..............  Diethylene glycol content not to                                   exceed 0.1 pct.2,2,4-Trimethyl-1,3-pentanediol   For use only in cellulosic plastics in diisobutyrate.                    an amount not to exceed 15 pct by                                   weight of the finished food-contact                                   article, provided that the finished                                   plastic article contacts food only of                                   the types identified in §                                   176.170(c) of this chapter, table 1,                                   under Categories I, II, VI-B, VII-B,                                   and VIII.------------------------------------------------------------------------

(c) The use of the plasticizers in any polymeric substance or article subject to any regulation in parts 174, 175, 176, 177, 178 and 179 of this chapter must comply with any specifications and limitations prescribed by such regulation for the finished form of the substance or article.

[42 FR 14609, Mar. 15, 1977, as amended at 42 FR 44223, Sept. 2, 1977; 45 FR 56052, Aug. 22, 1980; 48 FR 5748, Feb. 15, 1984; 49 FR 10113, Mar. 19, 1984; 51 FR 47011, Dec. 30, 1986]

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