21 C.F.R. § 178.3130   Antistatic and/or antifogging agents in food-packaging materials.


Title 21 - Food and Drugs


Title 21: Food and Drugs
PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS
Subpart D—Certain Adjuvants and Production Aids

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§ 178.3130   Antistatic and/or antifogging agents in food-packaging materials.

The substances listed in paragraph (b) of this section may be safely used as antistatic and/or antifogging agents in food-packaging materials, subject to the provisions of this section:

(a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect.

(b) List of substances:

 ------------------------------------------------------------------------           List of substances                      Limitations------------------------------------------------------------------------N-Acyl sarcosines where the acyl group   For use only: is lauroyl, oleoyl, or derived from     1. As antistatic and/or the combined fatty acids of coconut      antifogging agent at levels oil.                                     not to exceed a total of 0.15                                          pct by weight of polyolefin                                          film used for packaging meat,                                          fresh fruits, and fresh                                          vegetables. The average                                          thickness of such polyolefin                                          film shall not exceed 0.003                                          inch.                                         2. As antistatic and/or                                          antifogging agent at levels                                          not to exceed a total of 0.15                                          pct by weight of ethylene-                                          vinyl acetate copolymer film                                          complying with § 177.1350                                          of this chapter and used for                                          packaging meat, fresh fruits,                                          fresh vegetables, and dry food                                          of Type VIII described in                                          table 1 of § 176.170(c)                                          of this chapter. The average                                          thickness of such ethylene-                                          vinyl acetate copolymer film                                          shall not exceed 0.003 inch                                          when used for packaging meat,                                          fresh fruits, and fresh                                          vegetables.Alpha-(Carboxymethyl)-omega-             For use only as an antistatic (tetradecyloxy)polyoxyethylene).         and/or antifogging agent at                                          levels not to exceed 0.2 pct                                          by weight in polyolefin film                                          not exceeding 0.001 inch                                          thickness.Alkyl mono- and disulfonic acids,        For use only: sodium salts (produced from n-alkanes   1. As antistatic agents at in the range of C10-C18 with not less    levels not to exceed 0.1 than 50 percent C14-C16).                percent by weight of                                          polyolefin films that comply                                          with § 177.1520 of this                                          chapter: Provided, that the                                          finished olefin polymers                                          contact foods of Types I, II,                                          III, IV, V, VIA, VIB, VII,                                          VIII, and IX described in                                          table 1 of § 176.170(c)                                          of this chapter, and under                                          conditions of use E, F, and G                                          described in table 2 of §                                          176.170(c) of this chapter.                                         2. As antistatic agents at                                          levels not to exceed 3.0                                          percent by weight of                                          polystyrene or rubber-modified                                          polystyrene complying with                                          § 177.1640(c) of this                                          chapter under conditions of                                          use B through H described in                                          table 2 of § 176.170(c)                                          of this chapter.Aluminum Borate                          For use only: ((9Al2O3)·2(B2O3), CAS Reg. No.   1. At levels not to exceed 1 11121-16-7) produced by reaction         percent by weight of between aluminum oxide and/or aluminum   polypropylene films complying hydroxide with boric acid and/or         with § 177.1520(c) of metaboric acid at temperatures in        this chapter, item 1.1, of excess of 1000 °C.                   polyethylene films complying                                          with § 177.1520(c) of                                          this chapter, items 2.1 and                                          2.2 and having a density                                          greater than 0.94 gram per                                          cubic centimeter, and of                                          polyolefin copolymer films                                          complying with §                                          177.1520(c) of this chapter,                                          items 3.1(a), 3.1(b), 3.2(a),                                          and 3.2(b). The finished                                          polymers may be used in                                          contact with all food types                                          identified in Table 1 of                                          § 176.170(c) of this                                          chapter, under conditions of                                          use A through H as described                                          in Table 2 of §                                          176.170(c) of this chapter.                                          The thickness of the films                                          shall not exceed 0.005 inch.                                          2. At levels not to exceed 2                                          percent by weight of                                          polypropylene films complying                                          with § 177.1520(c) of                                          this chapter, item 1.1, of                                          polyethylene films complying                                          with § 177.1520(c) of                                          this chapter, items 2.1 and                                          2.2 and having a density                                          greater than 0.94 gram per                                          cubic centimeter, and of                                          polyolefin copolymer films                                          complying with §                                          177.1520(c) of this chapter,                                          items 3.1(a), 3.1(b), 3.2(a),                                          and 3.2(b). The finished                                          polymers may be used in                                          contact with all food types                                          identified in Table 1 of                                          § 176.170(c) of this                                          chapter under conditions of                                          use B through H as described                                          in Table 2 of §                                          176.170(c) of this chapter.                                          The thickness of the films                                          shall not exceed 0.005 inch.N,N-Bis(2-hydroxyethyl)alkyl(C12-        For use only as an antistatic C18)amine.                               agent at levels not to exceed                                          0.1 pct by weight of                                          polyolefin food-contact films.N,N-bis(2-hydroxyethyl)alkyl (C13-C15)   For use only: amine (CAS Reg. No. 70955-14-5).        1. As an antistatic agent at                                          levels not to exceed 0.2                                          percent by weight in molded or                                          extruded high-density                                          polyethylene (having a density                                          >=0.95 g/cm\3\ and                                          polypropylene containers that                                          contact food only of the types                                          identified in §                                          176.170(c) of this chapter,                                          Table 1, under types I, VI-B,                                          VII-B, and VIII, under the                                          conditions of use E through G                                          described in Table 2 of §                                          176.170(c) of this chapter,                                          provided such foods have a pH                                          above 5.0.                                         2. As an antistatic agent at                                          levels not to exceed 0.1                                          percent by weight in molded or                                          extruded polypropylene                                          homopolymers and copolymers                                          that contact food only of the                                          types identified in §                                          176.170(c) of this chapter,                                          Table 1, under Types II, III,                                          IV, V, VII-A, and IX, under                                          the conditions of use C                                          through G described in Table 2                                          of § 176.170(c) of this                                          chapter.N,N-Bis(2-hydroxyethyl) alkylamine,      For use only: where the alkyl groups (C1-C18) are     1. As an antistatic agent at derived from tallow.                     levels not to exceed 0.15 pct                                          by weight in molded or                                          extruded polyethylene                                          containers that contact food                                          only of the types identified                                          in § 176.170(c) of this                                          chapter, table 1, under Types                                          I, IV-B, VI-B, VII-B, and                                          VIII, under the conditions of                                          use E through G described in                                          table 2 of § 176.170(c)                                          of this chapter provided such                                          foods have a pH above 5.0.                                         2. As an antistatic agent at                                          levels not to exceed 0.10 mg.                                          per square inch of food-                                          contact surface in vinylidene                                          chloride copolymer coatings                                          complying with § 175.320,                                          § 177.1200, or §                                          177.1630 of this chapter,                                          provided that such coatings                                          contact food only of the types                                          identified in §                                          176.170(c) of this chapter,                                          table 1, under Types I, IV,                                          VII, VIII, and IX under the                                          conditions of use E through G                                          described in table 2 of §                                          176.170(c) of this chapter.                                          The finished copolymers shall                                          contain at least 70 weight pct                                          of polymer units derived from                                          vinylidene chloride; and shall                                          contain not more than 5 weight                                          pct of total polymer units                                          derived from acrylamide,                                          acrylic acid, fumaric acid,                                          itaconic acid, methacrylic                                          acid, octadecyl methacrylate,                                          and vinyl sulfonic acid.N,N-Bis(2-hydroxyethyl)dodecanamide      For use only: produced when diethanolamine is made    1. As an antistatic agent at to react with methyl laurate such that   levels not to exceed 0.5 the finished product: Has a minimum      percent by weight of molded or melting point of 36 °C; has a        extruded polyethylene minimum amide assay of 90 percent;       containers intended for contains no more than 2 percent by       contact with honey, chocolate weight of free diethanolamine; and       syrup, liquid sweeteners, contains no more than 0.5 percent by     condiments, flavor extracts weight of N,N, bis(2-                    and liquid flavor hydroxyethyl)piperazine, as determined   concentrates, grated cheese, by paper chromatography method.          light and heavy cream, yogurt,                                          and foods of Type VIII as                                          described in table 1 of §                                          176.170(c) of this chapter.                                         2. As an antistatic agent at                                          levels not to exceed 0.2                                          percent by weight in                                          polypropylene films complying                                          with § 177.1520 of this                                          chapter, and used in contact                                          with food of Types I, II, III,                                          IV, V, VI-B, VII, VIII, and IX                                          described in table 1 of §                                          176.170(c) of this chapter,                                          and under conditions of use B                                          through H described in table 2                                          of § 176.170(c) of this                                          chapter. The average thickness                                          of such polypropylene film                                          shall not exceed 0.001 inches                                          (30 micrometers).N,N-Bis(2-hydroxyethyl) dodecanamide     For use only as an antistatic produced when diethanolamine is made     agent at levels not to exceed to react with methyl laurate such that   0.5 percent by weight of the finished product: Has a minimum      molded or extruded melting point of 36 °C; has a        polyethylene containers minimum amide assay of 90 percent;       intended for contact with contains no more than 2 percent by       honey, chocolate syrup, liquid weight of free diethanolamine; and       sweeteners, condiments, flavor contains no more than 0.5 percent by     extracts and liquid flavor weight of N,N[prime]-bis(2-              concentrates, grated cheese, hydroxyethyl) piperazine, as             light and heavy cream, yogurt, determined by paper chromatography       and foods of Type VIII as method.                                  described in table 1 of §                                          176.170(c) of this chapter.N,N-Bis(2-hydroxyethyl) octadecylamine,  For use only as an antistatic Chemical Abstracts Service Registry      agent at levels not to exceed No. 10213-78-2, N-(2-hydroxyethyl)-N-    0.45 percent by weight in octadecylglycine (monosodium salt),      polypropylene films complying Chemical Abstracts Service Registry      with § 177.1520 of this No. 66810-88-6, and N,N-Bis(2-           chapter, and used for hydroxyethyl)-N-(carboxymethyl)          packaging food of Types I, II, octadecanaminum hydroxide (inner         III, IV, V, VI-B, VII, VIII, salt), Chemical Abstracts Service        and IX described in table 1 of Registry No. 24170-14-7, as the major    § 176.170(c) of this components of a mixture prepared by      chapter, and under conditions reacting ethylene oxide with             of use B through H described octadecylamine and further reacting      in table 2 of § this product with sodium                 176.170(c). The average monochloroacetate and sodium             thickness of such hydroxide, such that the final product   polypropylene film shall not has: A nitrogen content of 3.3-3.8       exceed 0.002 inch. percent; a melting point of 42°-50 °C; and a pH of 10.0-11.5 in a 1 percent by weight aqueous solution.α-n-Dodecanol-omega-hydroxypoly    For use only as an antistatic (oxyethylene) produced by the            agent at levels not to exceed condensation of 1 mole of n-dodecanol    0.2 pct by weight in low- with an average of 9.5 moles of          density polyethylene film ethylene oxide to form a condensate      having an average thickness having a hydroxyl content of 2.7 to      not exceeding 0.005 inch. 2.9 pct and having a cloud point of 80 °C to 92 °C in 1 pct by weight aqueous solution.Glycerol ester mixtures of ricinoleic    As an antifogging agent at acid, containing not more than 50        levels not exceeding 1.5 pct percent monoricinoleate, 45 pct          by weight of permitted diricinoleate, 10 pct triricinoleate,    plasticized vinyl chloride and 3.3 pct free glycerine.              homo-and/or copolymers.N-Methacryloyloxyethyl-N, N-             For use only as an antistatic dimethylammonium-α-N-methyl        agent at levels not to exceed carboxylate chloride sodium salt,        0.2 percent by weight of octadecyl methacrylate, ethyl            polyolefin films that contact methacrylate, cyclohexyl methacrylate,   foods under the conditions of N-vinyl-2-pyrrolidone copolymer (CAS     use B through H described in Reg. No. 66822-60-4).                    table 2 of § 176.170(c)                                          of this chapter. The average                                          thickness of such polyolefin                                          film shall not exceed 0.02                                          centimeter (0.008 inch).Octadecanoic acid 2-[2-hydroxyethyl)     For use only as an antistatic octadecylamino]ethyl ester (CAS Reg.     agent at levels such that the No. 52497-24-2), (octadecylimino)        product of film thickness in diethylene distearate (CAS Reg. No.      microns times the weight 94945-28-5), and octadecyl               percent additive does not bis(hydroxyethyl)amine (CAS Reg. No.     exceed 16, in polypropylene 10213-78-2), as the major components     films complying with § of a mixture prepared by reacting        177.1520(c)1.1 of this ethylene oxide with octadecylamine and   chapter, and used for further reacting this product with       packaging food (except for octadecanoic acid, such that the final   food containing more than 8 product has: a maximum acid value of 5   percent alcohol) under mg KOH/g and total amine value of        conditions of use B through H 86±6 mg KOH/g as determined by    described in table 2 of § a method entitled ``Total Amine          176.170(c) of this chapter. Value,'' which is incorporated by reference. Copies of the method are available from the Center for Food Safety and Applied Nutrition (HFS- 200), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or available for inspection 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.php..------------------------------------------------------------------------

[42 FR 14609, Mar. 15, 1977, as amended at 45 FR 56797, Aug. 26, 1980; 45 FR 85727, Dec. 30, 1980; 46 FR 13688, Feb. 24, 1981; 47 FR 26824, June 22, 1982; 51 FR 28932, Aug. 13, 1986; 56 FR 41457, Aug. 21, 1991; 58 FR 57556, Oct. 26, 1993; 60 FR 54430, Oct. 24, 1995; 60 FR 18351, Apr. 11, 1995; 62 FR 31511, June 10, 1997; 63 FR 38748, July 20, 1998; 64 FR 62585, Nov. 17, 1999]

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