[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR81.30]

[Page 437-441]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 81_GENERAL SPECIFICATIONS AND GENERAL RESTRICTIONS FOR PROVISIONAL COLOR ADDITIVES FOR USE IN FOODS, DRUGS, AND COSMETICS--Table of Contents
 
Sec.  81.30  Cancellation of certificates.

    (a) Certificates issued heretofore for colors being removed from the 
provisional list (Sec.  81.10(a)) are cancelled and of no effect after 
December 1, 1960, and use of such color additives in drugs or cosmetics 
after that date will result in adulteration.
    (b)(1) Certificates issued heretofore for the color additive 
designated FD&C Red No. 1 are cancelled as of the date of the 
publication of this Order, and use of this color additive in the 
manufacture of foods, drugs, or cosmetics after that date will result in 
adulteration.
    (2) The Commissioner finds that no action needs to be taken to 
remove foods, drugs, and cosmetics containing this color additive from 
the market on the basis of the scientific evidence before him, taking 
into account that the additive is not an acute toxic substance and that 
it is only used in small amounts in foods, drugs, and cosmetics.
    (c) Certificates issued for FD&C Red No. 4 and all mixtures 
containing this color additive are cancelled and have no effect after 
September 23, 1976 insofar as food, ingested drugs, and ingested 
cosmetics are concerned, and use of this color additive in the 
manufacture of food, ingested drugs, and ingested cosmetics after this 
date will result in adulteration. The certificates shall continue in 
effect for the use of FD&C Red No. 4 in externally applied

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drugs and cosmetics. The Commissioner finds, on the basis of the 
scientific evidence before him that no action has to be taken to remove 
from the market food, ingested drugs and ingested cosmetics containing 
the color additive.
    (d) Certificates issued for the following color additives and all 
mixtures containing these color additives are canceled and have no 
effect after October 4, 1966, and use of such color additives in the 
manufacture of foods, drugs, or cosmetics after that date will result in 
adulteration:

FD&C Green No. 1.
FD&C Green No. 2.
D&C Green No. 7.
D&C Red No. 5.
D&C Red No. 14.
D&C Red No. 18.
D&C Red No. 24.
D&C Red No. 29.
D&C Red No. 35.
D&C Red No. 38.
D&C Orange No. 3.
D&C Orange No. 8.
D&C Orange No. 14.
D&C Orange No. 15.
D&C Orange No. 16.
D&C Blue No. 7.
D&C Black No. 1.
Ext. D&C Yellow No. 5.
Ext. D&C Yellow No. 6.
Ext. D&C Red No. 1.
Ext. D&C Red No. 2.
Ext. D&C Red No. 3.
Ext. D&C Red No. 10.
Ext. D&C Red No. 11.
Ext. D&C Red No. 13.
Ext. D&C Red No. 14.
Ext. D&C Red No. 15.
Ext. D&C Blue No. 1.
Ext. D&C Blue No. 4.
Ext. D&C Orange No. 1.
Ext. D&C Orange No. 4.

    (e) Certificates issued for the following color additives and all 
mixtures containing these color additives are canceled and have no 
effect after July 1, 1968, and use of such color additives in the 
manufacture of drugs or cosmetics after that date will result in 
adulteration:

Ext. D&C Yellow No. 3.
Ext. D&C Red No. 8
Ext. D&C Orange No. 3.

    (f) Certificates issued for D&C Yellow No. 11 and all mixtures 
containing this color additive are canceled and have no effect after 
April 30, 1968, insofar as ingested use is concerned. Use of this color 
additive in the manufacture of ingested drugs or cosmetics subject to 
ingestion after that date will result in adulteration.
    (g) Certificates issued for D&C Red No. 17, D&C Red No. 31, D&C Red 
No. 34, D&C Orange No. 4, and D&C Violet No. 2, and all mixtures 
containing these color additives, are canceled and have no effect after 
December 31, 1968, insofar as ingested use is concerned. Use of these 
color additives in the manufacture of ingested drugs or cosmetics 
subject to ingestion after that date will result in adulteration.
    (h)(1) Certificates issued for FD&C Violet No. 1 and all mixtures 
containing this color additive are canceled and have no effect after 
April 10, 1973, and use of such color additive in the manufacture of 
foods, drugs, or cosmetics after that date will result in adulteration.
    (2) The Commissioner finds that no action needs to be taken to 
remove foods, drugs, and cosmetics containing this color additive from 
the market on the basis of the scientific evidence before him.
    (i) Certificates issued prior to July 1, 1968, for D&C Brown No. 1 
and Ext. D&C Violet No. 2 and all mixtures containing these colors are 
canceled and have no effect. This cancellation does not apply to 
certificates issued after March 15, 1973, for D&C Brown No. 1 and Ext. 
D&C Violet No. 2, which are provisionally listed in Sec.  81.1(b) and 
(c) respectively for coloring externally applied cosmetics.
    (j)(1) Certificates issued for FD&C Red No. 2 and all mixtures 
containing this color additive are canceled and have no effect after 
January 28, 1976, and use of this color additive in the manufacture of 
food, drugs, or cosmetics after this date will result in adulteration.
    (2) The Commissioner finds, on the basis of the scientific evidence 
before him, that no action has to be taken to remove from the market 
food, drugs, and cosmetics containing the color additive.
    (k)(1) Certificates issued for D&C Red No. 10, D&C Red No. 11, D&C 
Red No. 12, and D&C Red No. 13, their lakes and

[[Page 439]]

all mixtures containing these color additives or their lakes are 
cancelled and have no effect after December 13, 1977, and use of these 
color additivies in the manufacture of drugs or cosmetics after this 
date will result in adulteration.
    (2) The Commissioner finds, on the basis of the scientific evidence 
before him, that no action has to be taken to remove from the market, 
drug and cosmetic products containing the color additives.
    (l)(1) Certificates issued for Ext. D&C Yellow No. 1 and all 
mixtures containing this color additive are cancelled and have no effect 
after December 13, 1977, and use of this color additive in the 
manufacture of drugs or cosmetics after this date will result in 
adulteration.
    (2) The Commissioner finds, on the basis of the scientific evidence 
before him, that no action has to be taken to remove from the market 
drugs and cosmetics containing the color additive.
    (m)(1) Certificates issued for Ext. D&C Green No. 1 and all mixtures 
containing this color additive are cancelled and have no effect after 
November 29, 1977, and use of the color additive in the manufacture of 
drugs or cosmetics after this date will result in adulteration.
    (2) The Commissioner finds, on the basis of the scientific evidence 
before him, that no action has to be taken to remove from the market 
drugs and cosmetics containing the color additive.
    (n)(1) Certificates issued for D&C Orange No. 10, D&C Orange No. 11, 
their lakes, and all mixtures containing these color additives are 
cancelled and have no effect as pertains to their use in ingested drugs 
and cosmetics after April 28, 1981 and use of these color additives in 
the manufacture of ingested drugs or cosmetics after this date will 
result in adulteration.
    (2) The agency finds, on the basis of the scientific evidence before 
it, that no action has to be taken to remove from the market drugs and 
cosmetics to which the color additives were added on or before April 28, 
1981.
    (o)(1) Certificates issued for D&C Blue No. 6 and all mixtures 
containing this color additive are cancelled insofar as its use in drugs 
and cosmetics is concerned and have no effect after December 13, 1977, 
and use of the color additive in the manufacture of drugs or cosmetics 
after this date will result in adulteration. The color will continue to 
be certified for use in the coloring of surgical sutures.
    (2) The Commissioner finds, on the basis of the scientific evidence 
before him, that no action has to be taken to remove from the market 
drugs and cosmetics containing the color additive.
    (p)(1) Certificates issued for D&C Green No. 6, its lakes and all 
mixtures containing this color additive are cancelled and have no effect 
as pertains to their use in ingested drugs and cosmetics after May 4, 
1982 and use of the color additive in the manufacture of ingested drugs 
or cosmetics after this date will result in adulteration.
    (2) The agency finds, on the basis of the scientific evidence before 
it, that no action has to be taken to remove from the market ingested 
drugs and cosmetics containing the color additive.
    (q) [Reserved]
    (r)(1) Certificates issued for D&C Red No. 19 and D&C Red No. 37, 
their lakes, and all mixtures containing these color additives are 
cancelled and have no effect as pertains to their use in ingested drugs 
and cosmetics after February 4, 1983, and use of these color additives 
in the manufacture of ingested drugs or cosmetics after this date will 
result in adulteration.
    (2) The agency finds, on the scientific evidence before it, that no 
action has to be taken to remove from the market ingested drugs and 
cosmetics to which D&C Red No. 19 and D&C Red No. 37 were added on or 
before February 4, 1983, or externally applied drugs and cosmetics to 
which D&C Red No. 37 was added on or before June 6, 1986.
    (3) Certificates issued for D&C Red No. 37, its lakes, and all 
mixtures containing this color additive are cancelled and have no effect 
as pertains to its use in externally applied drugs and cosmetics after 
June 6, 1986, and use of this color additive in the manufacture of 
externally applied drugs or cosmetics after this date will result in 
adulteration.

[[Page 440]]

    (4) Certificates issued for D&C Red No. 19, its lakes, and all 
mixtures containing this color additive are cancelled and have no effect 
as pertains to its use in externally applied drugs and cosmetics after 
July 15, 1988, and use of this color in the manufacture of externally 
applied drugs or cosmetics after this date will result in adulteration.
    (5) The agency finds, on the scientific evidence before it, that no 
action has to be taken to remove from the market externally applied 
drugs and cosmetics to which D&C Red No. 19 was added on or before July 
15, 1988.
    (s)(1) Certificates issued for D&C Red No. 8 and D&C Red No. 9, 
their lakes, and all mixtures containing these color additives are 
canceled and have no effect as pertains to their use in mouthwash, 
dentifrices, and ingested drugs, except ingested drug lip products, 
after January 6, 1987, and use of these color additives in the 
manufacture of mouthwash, dentifrices, and ingested drugs, except 
ingested drug lip products, after this date will result in adulteration.
    (2) The agency finds, on the basis of the scientific evidence before 
it, that no action has to be taken to remove from the market mouthwash, 
dentifrices, and ingested drugs to which the color additives were added 
on or before January 6, 1987. Ingested drug lip products, however, are 
regulated for use in Sec. Sec.  74.1308 and 74.1309.
    (3) Certificates issued for D&C Red No. 8, and D&C Red No. 9, their 
lakes, and all mixtures containing these color additives are cancelled 
and have no effect as pertains to their use in ingested drug and 
cosmetic lip products and in externally applied drugs and cosmetics 
after July 15, 1988, and use of these color additives in the manufacture 
of ingested drugs and cosmetic lip products and in externally applied 
drugs and cosmetics after this date will result in adulteration.
    (4) The agency finds, on the basis of the scientific evidence before 
it, that no action has to be taken to remove from the market ingested 
drug and cosmetic lip products and externally applied drugs and 
cosmetics to which the color additives were added on or before July 15, 
1988.
    (t)(1) Certificates issued for D&C Orange No. 17, its lakes, and all 
mixtures containing this color additive are cancelled and have no effect 
as pertains to its use in ingested drugs and ingested cosmetics after 
March 31, 1983 and use of this color additive in the manufacture of 
ingested drugs or ingested cosmetics after this date will result in 
adulteration.
    (2) The agency finds, on the scientific evidence before it, that no 
action has to be taken to remove from the market drugs and cosmetics to 
which the color additive was added on or before March 31, 1983.
    (3) Certificates issued for D&C Orange No. 17, its lakes and all 
mixtures containing this color additive are cancelled and have no effect 
as pertains to its use in externally applied drugs and cosmetics after 
July 15, 1988, and use of this color in the manufacture of externally 
applied drugs or cosmetics after this date will result in adulteration.
    (4) The agency finds, on the scientific evidence before it, that no 
action has to be taken to remove from the market externally applied 
drugs and cosmetics to which D&C Orange No. 17 was added on or before 
July 15, 1988.
    (u)(1) Certificates issued for FD&C Red No. 3 and all mixtures 
containing this color additive are cancelled and have no effect as 
pertains to their use in cosmetics and externally applied drugs after 
January 29, 1990. Certificates issued for FD&C Red No. 3 lakes and all 
mixtures containing these lakes are cancelled and have no effect as 
pertains to their use in food, drugs, and cosmetics after January 29, 
1990. Certificates issued for D&C Red No. 3 lakes and all mixtures 
containing those lakes are cancelled and have no effect as pertains to 
their use in drugs and cosmetics after January 29, 1990. Use of this 
color additve in the manufacture of cosmetics and of externally applied 
drugs and any use of the lakes of FD&C Red No. 3 (including the lakes of 
D&C Red No. 3) after this date will result in adulteration.
    (2) The agency finds, on the scientific evidence before it, that no 
action must be taken to remove from the market food, drugs, and 
cosmetics to which the provisionally listed color additive or its lakes 
were added on or before January 29, 1990.

[42 FR 15665, Mar. 22, 1977]

[[Page 441]]


    Editorial Note: For Federal Register citations affecting Sec.  
81.30, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.