Code of Federal Regulations (alpha)

CFR /  Title 21  /  Part 178  /  Sec. 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 Secs. 175.105 and

176.180 of this chapter.

2. In polymeric substances used in

food-contact articles complying with

Sec. 175.300, Sec. 175.320, or Sec.

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

Sec. 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 Sec.

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 Sec. 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 Sec.

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 Sec.

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 Sec. 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 Sec.

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 Sec.

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 Secs. 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

Sec. 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 Sec.

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 Sec.

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 Sec. 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 Sec.

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 Sec. 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 Sec. 175.105 of

this chapter.

2. In articles that contact food only

of the types identified in Sec.

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 Sec. 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

Sec. 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 F, 39 1. In polymeric substances used in

Saybolt Universal seconds, as contact with non-fatty food.

determined by ASTM methods D445- 2. In polyethylene complying with Sec.

82 (``Standard Test Method for 177.1520 of this chapter and used in

Kinematic Viscosity of contact with fatty food, provided

Transparent and Opaque Liquids that the hydrogenated polybutene is

(and the Calculation of Dynamic added in an amount not to exceed 0.5

Viscosity)'') and D2161-82 pct by weight of the polyethylene,

(``Standard Method for and further provided that such

Conversion of Kinematic plasticized polyethylene shall not be

Viscosity to Saybolt Universal used as a component of articles

Viscosity or to Saybolt Furol intended for packing or holding food

Viscosity''), and bromine during cooking.

number of 3 or less, as 3. In polystyrene complying with Sec.

determined by ASTM method D1492- 177.1640 of this chapter and used in

78 (``Standard Test Method for contact with fatty food, provided

Bromine Index of Aromatic that the hydrogenated polybutene is

Hydrocarbons by Coulometric added in an amount not to exceed 5

Titration''), which are pct by weight of the polystyrene, and

incorporated by reference. further provided that such

Copies may be obtained from the plasticized polystyrene shall not be

American Society for Testing used as a component of articles

Materials, 100 Barr Harbor Dr., intended for packing or holding food

West Conshohocken, during cooking.

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: http://

www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html..Polyisobutylene (mol weight 300- For use in polyethylene complying with

5,000). Sec. 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

Sec. 177.1420 of this chapter.Polypropylene glycol (CAS For use only in polystyrene plastics,

registry No. 25322-69-4) identified in Sec. 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 Sec. 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 Sec.

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]