Proposed Rule2026-10615
Food Additive Petition From Environmental Defense Fund, et al.; Request To Amend the Food Additive Regulations To Remove the Solvents Benzene, Ethylene Dichloride, Methylene Chloride, and Trichloroethylene; Reopening of the Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 28, 2026
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA or we) is reopening the comment period for the notification of petition, published in the Federal Register of January 11, 2024, announcing that we filed a food additive petition proposing that the food additive regulations be amended to remove four specified solvents. FDA is reopening the comment period to allow for the submission of any updated data and other information over the last two years.
Full Text
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Proposed Rules]
[Pages 31681-31682]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10615]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 172 and 173
[Docket No. FDA-2023-F-5684]
Food Additive Petition From Environmental Defense Fund, et al.;
Request To Amend the Food Additive Regulations To Remove the Solvents
Benzene, Ethylene Dichloride, Methylene Chloride, and
Trichloroethylene; Reopening of the Comment Period
AGENCY: Food and Drug Administration, HHS.
ACTION: Notification of petition; reopening of the comment period.
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SUMMARY: The Food and Drug Administration (FDA or we) is reopening the
comment period for the notification of petition, published in the
Federal Register of January 11, 2024, announcing that we filed a food
additive petition proposing that the food additive regulations be
amended to remove four specified solvents. FDA is reopening the comment
period to allow for the submission of any updated data and other
information over the last two years.
DATES: FDA is reopening the comment period on the notification of
petition published January 11, 2024 (89 FR 1857). Either electronic or
written comments must be submitted by June 29, 2026.
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 29, 2026. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.
Electronic Submissions
Submit electronic comments in the following way:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
<bullet> Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
<bullet> For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2023-F-5684 for ``Food Additive Petition from Environmental Defense
Fund, et al.; Request to Amend the Food Additive Regulations to Remove
the Solvents Benzene, Ethylene Dichloride, Methylene Chloride, and
Trichloroethylene; Reopening of the Comment Period.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday, 240-402-7500.
<bullet> Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
[[Page 31682]]
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
<a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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, 240-402-7500.
FOR FURTHER INFORMATION CONTACT: Alexandra Beliveau, Office of Policy
and International Engagement, Human Foods Program, Food and Drug
Administration, 240-402-2378, <a href="/cdn-cgi/l/email-protection#8dc5cbdda0dde2e1e4eef4cdebe9eca3e5e5fea3eae2fb"><span class="__cf_email__" data-cfemail="6e26283e433e0102070d172e080a0f4006061d40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In the Federal Register of January 11, 2024
(89 FR 1857), FDA announced that we had filed a food additive petition
proposing that we amend 21 CFR 172.560, ``Modified hop extract''; 21
CFR 172.710, ``Adjuvants for pesticide use dilutions''; 21 CFR 173.230,
``Ethylene dichloride''; 21 CFR 173.255, ``Methylene chloride''; 21 CFR
173.290, ``Trichloroethylene''; and 21 CFR 173.315, ``Chemicals used in
washing or to assist in the peeling of fruits and vegetables'' to
remove the use of four specified solvents.
The four solvents that are the subject of this petition are:
1. Benzene (Chemical Abstract Service (CAS) No. 71-43-2);
2. Ethylene dichloride (CAS No. 107-06-2);
3. Methylene chloride (CAS No. 75-09-2); and
4. Trichloroethylene (CAS No. 79-01-6).
Interested persons were originally given until March 11, 2024, to
comment on the filed food additive petition.
FDA is reopening the comment period to allow for the submission of
any updated data and other information over the last two years. FDA is
also seeking comment on what practical considerations food
manufacturers would have in phasing out impacted uses if FDA were to
grant this petition in part or in whole.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2026-10615 Filed 5-27-26; 8:45 am]
BILLING CODE 4164-01-P
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