[Code of Federal Regulations]
[Title 21, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR177.1315]

[Page 251-254]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 177_INDIRECT FOOD ADDITIVES: POLYMERS--Table of Contents
 
Subpart B_Substances for Use as Basic Components of Single and Repeated 
                        Use Food Contact Surfaces
 
Sec. 177.1315  Ethylene-1, 4-cyclohexylene dimethylene terephthalate 
copolymers.

    Ethylene-1, 4-cyclohexylene dimethylene terephthalate copolymer may 
be safely used as articles or components of articles intended for use in 
contact with food subject to provisions of this section and of part 174 
of this chapter.
    (a) Identity. For the purposes of this section, ethylene-1,4-
cyclohexylene dimethylene terephthalate copolymers (1,4-benzene 
dicarboxylic acid, dimethyl ester, polymerized with 1,4-
cyclohexanedimethanol and 1,2-ethanediol) (CAS Reg. No. 25640-14-6) or 
(1,4-benzenedicarboxylic acid, polymerized with 1,4-
cyclohexanedimethanol and 1,2-ethanediol) (CAS Reg. No. 25038-91-9) are 
basic copolymers meeting the specifications prescribed in paragraph (b) 
of this section, to which may have been added certain optional 
substances required in their production or added to impart desired 
physical or technical properties.
    (b) Specifications:

[[Page 252]]



----------------------------------------------------------------------------------------------------------------
                                                            Maximum
                                                          extractable
                                                       fractions of the
                                                       copolymer in the
                                                       finished form at
   Ethylene-1,4-cyclohexylene                              specified
    dimethylene terephthalate     Inherent viscosity   temperatures and        Test for        Conditions of use
           copolymers                                  times (expressed      orientability
                                                       in micrograms of
                                                       the terephthaloyl
                                                        moletles/square
                                                      centimeter of food-
                                                       contact surface)
----------------------------------------------------------------------------------------------------------------
1. Non-oriented ethylene-1,4-     Inherent viscosity  (1) 0.23 microgram  No test required..  In contact with
 cyclohexylene dimethylene         of a 0.50 percent   per square                              foods, including
 terephthalate copolymer is the    solution of the     centimeter (1.5                         foods containing
 reaction product of dimethyl      copolymer in        micrograms per                          not more than 25
 terephthalate or terephthalic     phenol-tet          square inch) of                         percent (by
 acid with a mixture containing    rachloroethane      food-contact                            volume) aqueous
 99 to 66 mole percent of          (60:40 ratio wt/    surface when                            alcohol,
 ethylene glycol and 1 to 34       wt) solvent is      extracted with                          excluding
 mole percent of 1,4-cyclo-        not less than       water added at                          carbonated
 hexanedimethanol (70 percent      0.669 as            82.2 [deg]C (180                        beverages and
 trans isomer, 30 percent cls      determined by       [deg]F) and                             beer. Conditions
 isomer).                          using a Wagner      allowed to cool                         of hot fill not
                                   viscometer (or      to 48.9 [deg]C                          to exceed 82.2
                                   equivalent) and     (120 [deg]F) in                         [deg]C (180
                                   calculated from     contact with the                        [deg]F), storage
                                   the following       food-contact                            at temperatures
                                   equation:           article.                                not in excess of
                                   Inherent                                                    48.9 [deg]C (120
                                   viscosity =                                                 [deg]F). No
                                   (Natural                                                    thermal treatment
                                   logarithm of (Nr)/                                          in the container.
                                   (c) where:
                                   Nr=Ratio of flow
                                   time of the
                                   polymer solution
                                   to that of the
                                   solvent, and
                                   c=concentration
                                   of the test
                                   solution
                                   expressed in
                                   grams per 100
                                   milliliters.
                                  ......do..........  (2) 0.23 microgram  ......do..........   Do.
                                                       per square
                                                       centimeter (1.5
                                                       micrograms per
                                                       square inch) of
                                                       food-contact
                                                       surface when
                                                       extracted with 3
                                                       percent (by
                                                       volume) aqueous
                                                       acetic acid added
                                                       at 82.2 [deg]C
                                                       (180 [deg]F) and
                                                       allowed to cool
                                                       to 48.9 [deg]C
                                                       (120 [deg]F) in
                                                       contact with the
                                                       food-contact
                                                       article.
                                  ......do..........  (3) 0.08 microgram  ......do..........   Do.
                                                       per square
                                                       centimeter (0.5
                                                       microgram per
                                                       square inch) of
                                                       food-contact
                                                       surface when
                                                       extracted for 2
                                                       hours with n-
                                                       heptane at 48.9
                                                       [deg]C (120
                                                       [deg]F). The
                                                       heptane
                                                       extractable
                                                       results are to be
                                                       divided by a
                                                       factor of 5.
                                  ......do..........  (4) 0.16 microgram  ......do..........   Do.
                                                       per square
                                                       centimeter (1.0
                                                       microgram per
                                                       square inch) of
                                                       food-contact
                                                       surface when
                                                       extracted for 24
                                                       hours with 25
                                                       percent (by
                                                       volume) aqueous
                                                       ethanol at 48.9
                                                       [deg]C (120
                                                       [deg]F).

[[Page 253]]


2. Oriented ethylene-1,4-         ......do..........  (1) 0.23 microgram  When extracted      In contact with
 cyclohexylene dimethylene                             per square          with heptane at     nonalcoholic
 terephthalate copolymer is the                        centimeter (1.5     65.6 [deg]C (150    foods including
 reaction product of dimethyl                          micrograms per      [deg]F) for 2       carbonated
 terephthalate or terephthalic                         square inch) of     hours:              beverages.
 acid with a mixture containing                        food-contact        terephthaloyl       Conditions of hot
 99 to 85 mole percent ethylene                        surface of the      moieties do not     fill not
 glycol and 1 to 15 mole percent                       oriented            exceed 0.09         exceeding 87.8
 of 1,4-cyclohexane-di-methanol                        copolymer when      microgram per       [deg]C (190
 (70 percent trans isomer, 30                          extracted with      square centimeter   [deg]F), storage
 percent cls isomer).                                  water added at      (0.60 microgram     at temperatures
                                                       87.8 [deg]C (190    per square inch)    not in excess of
                                                       [deg]F) and         of food-contact     48.9 [deg]C (120
                                                       allowed to cool     surface.            [deg]F). No
                                                       to 48.9 [deg]C                          thermal treatment
                                                       (120 [deg]F) in                         in the container.
                                                       contact with the
                                                       food-contact
                                                       article.
                                  ......do..........  (2) 0.23 microgram  ......do..........   Do.
                                                       per square
                                                       centimeter (1.5
                                                       micrograms per
                                                       square inch) of
                                                       food-contact
                                                       surface of
                                                       oriented
                                                       copolymer when
                                                       extracted with 3
                                                       percent (by
                                                       volume) aqueous
                                                       acetic acid added
                                                       at 87.8 [deg]C
                                                       (190 [deg]F) and
                                                       allowed to cool
                                                       to 48.9 [deg]C
                                                       (120 [deg]F) in
                                                       contact with the
                                                       food-contact
                                                       article.
                                  ......do..........  (3) 0.08 microgram  ......do..........   Do.
                                                       per square
                                                       centimeter (0.5
                                                       microgram per
                                                       square inch) of
                                                       food-contact
                                                       surface of
                                                       oriented
                                                       copolymer when
                                                       extracted for 2
                                                       hours with n-
                                                       heptane at 48.9
                                                       [deg]C (120
                                                       [deg]F). The
                                                       heptane
                                                       extractable
                                                       results are to be
                                                       divided by a
                                                       factor of 5.
                                  ......do..........  (4) 0.23 microgram  ......do..........  In contact with
                                                       per square                              foods and
                                                       centimeter (1.5                         beverages
                                                       micrograms per                          containing up to
                                                       square inch) of                         20 percent (by
                                                       food-contact                            volume) alcohol.
                                                       surface of                              Conditions of
                                                       oriented                                thermal treatment
                                                       copolymer when                          in the container
                                                       extracted with 20                       not exceeding
                                                       percent (by                             65.6 [deg]C (150
                                                       volume) aqueous                         [deg]F) for 20
                                                       ethanol heated to                       minutes. Storage
                                                       65.6 [deg]C (150                        at temperatures
                                                       [deg]F) for 20                          not in excess of
                                                       minutes and                             48.9 [deg]C (120
                                                       allowed to cool                         [deg]F).
                                                       to 48.9 [deg]C
                                                       (120 [deg]F) in
                                                       contact with the
                                                       food-contact
                                                       article.
                                  ......do..........  (5) 0.23 microgram  ......do..........  In contact with
                                                       per square                              foods and
                                                       centimeter (1.5                         beverages
                                                       micrograms per                          containing up to
                                                       square inch) of                         50 percent (by
                                                       food-contact                            volume) alcohol.
                                                       surface of                              Conditions of
                                                       oriented                                fill and storage
                                                       copolymer when                          not exceeding
                                                       extracted with 50                       48.9 [deg]C (120
                                                       percent (by                             [deg]F). No
                                                       volume) aqueous                         thermal treatment
                                                       ethanol at 48.9                         in the container.
                                                       [deg]C (120
                                                       [deg]F) for 24
                                                       hours.

[[Page 254]]


3. Ethylene-1,4-cyclohexylene     No test required..  For each            No test required..  For each
 dimethylene terephthalate                             corresponding                           corresponding
 copolymer is the reaction                             condition of use,                       specification,
 product of dimethyl                                   must meet                               may be used as a
 terephthalate or terephthalic                         specifications                          base sheet and
 acid with a mixture containing                        described in Sec.                      base polymer in
 99 to 95 mole percent of                                177.1630(f),                          accordance with
 ethylene glycol and 1 to 5 mole                       (g), (h), or (j).                       conditions of use
 percent of 1,4-                                                                               described in Sec.
 cyclohexanedimethanol (70                                                                       177.1630(f),
 percent trans isomer, 30                                                                      (g), (h), or (j).
 percent cis isomer).
----------------------------------------------------------------------------------------------------------------

    (c) Analytical method for determination of extractability. The total 
extracted terephthaloyl moieties can be determined in the extracts, 
without evaporation of the solvent, by measuring the ultraviolet (UV) 
absorbance at 240 nanometers. The spectrophotometer (Varian 635-D, or 
equivalent) is zeroed with a sample of the solvent taken from the same 
lot used in the extraction tests. The concentration of the total 
terephthaloyl moieties in water, 3 percent acetic acid, and in 8 percent 
aqueous alcohol is calculated as bis(2-hydroxyethyl terephthalate) by 
reference to standards prepared in the appropriate solvent. 
Concentration of the terephthaloyl moieties in heptane is calculated as 
cyclic trimer 
(C6H4CO2C2H4CO2
)3, by reference to standards prepared in 95:5 percent (v/v) 
heptane: tetrahydrofuran.

[45 FR 39252, June 10, 1980, as amended at 47 FR 24288, June 4, 1982; 49 
FR 25629, June 22, 1984; 51 FR 22929, June 24, 1986; 60 FR 57926, Nov. 
24, 1995]