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How Is the Cross-Reference in Section 176.170(a)(4) Interpreted?

April 23, 2014
Question 

In 21 CFR part 176.170, it is indicated that substances that can be safely used as component of uncoated or coated food contact surface of paper or paperboard include the ones mentioned in [(a)-(4)]. These substances are the ones that by regulation are allowed in parts 170 through 189. Does it means that any substance in these parts are allowed in 176.170? And can some of these be used without any extractive limitations?

Answer 

Title 21 of the Code of Federal Regulations (C.F.R.) Part 176.170 allows the use of a substance cleared in other regulations only if that regulation permits its use in food-contact paper or paperboard. For example, substances cleared in 21 C.F.R. Part 175.105 may only be used in adhesives. Therefore, these substances cannot be used as components of uncoated or coated food-contact surface of paper or paperboard by virtue of their clearance in Part 175.105. The substance would also need to be cleared in another regulation that by its terms would permit its use in paper and paperboard.