[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12281-12282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03955]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2023-C-0544]


Innophos, Inc.; Filing of Color Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of petition.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing 
that we have filed a petition, submitted by Innophos, Inc., proposing 
that the color additive regulations be amended to provide for the safe 
use of tricalcium phosphate in poultry (chicken thigh), icing, white 
chocolate candy melts, doughnut sugar, and sugar for coated candies.

DATES: The color additive petition was filed on February 1, 2023.

ADDRESSES: For access to the docket to read background documents or

[[Page 12282]]

comments received, go to https://www.regulations.gov 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 Dockets 
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Rachel Morissette, Center for Food 
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus 
Dr., College Park, MD 20740, 240-402-1212.

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 3C0324), submitted by 
Innophos, Inc., 259 Prospect Plains Road, Building A, Cranbury, New 
Jersey 08512. The petition proposes to amend the color additive 
regulations in part 73 (21 CFR part 73), ``Listing of Color Additives 
Exempt from Certification,'' to provide for the safe use of tricalcium 
phosphate in (1) poultry (chicken thigh), (2) icing, (3) white 
chocolate candy melts, (4) doughnut sugar, and (5) sugar for coated 
candies.
    The petitioner has claimed 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. 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.

    Dated: February 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-03955 Filed 2-24-23; 8:45 am]
BILLING CODE 4164-01-P


