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Food and Drug Administration, HHS 177.

1630

and under conditions of time and tem- used as provided in 175.105 and 176.210
perature characterizing the conditions of this chapter, and 177.2800. The pro-
of its intended use as determined from visions of paragraph (b) of this section
tables 1 and 2 of 176.170(c) of this chap- are not applicable to oxidized poly-
ter, yields fluoride ion not to exceed 5 ethylene used as provided in 175.125
parts per million calculated on the and 176.170(a)(5) of this chapter and
basis of the volume of food held by the 177.1200.
food-contact article.
177.1630 Polyethylene phthalate
[48 FR 39057, Aug. 29, 1983] polymers.
177.1620 Polyethylene, oxidized. Polyethylene phthalate polymers
Oxidized polyethylene identified in identified in this section may be safely
paragraph (a) of this section may be used as, or components of plastics
safely used as a component of food-con- (films, articles, or fabric) intended for
tact articles, in accordance with the use in contact with food in accordance
following prescribed conditions: with the following prescribed condi-
(a) Oxidized polyethylene is the basic tions:
resin produced by the mild air oxida- (a) Polyethylene phthalate films con-
tion of polyethylene conforming to the sist of a base sheet of ethylene
density, maximum n-hexane extract- terephthalate polymer, ethylene
able fraction, and maximum xylene terephthalate-isophthalate copolymer,
soluble fraction specifications pre- or ethylene-1,4-cyclohexylene
scribed under item 2.3 of the table in dimethylene terephthalate copoly-
177.1520(c). Such oxidized polyethylene esters described in 177.1315(b)(3), to
has a minimum number average molec- which have been added optional sub-
ular weight of 1,200, as determined by stances, either as constituents of the
high temperature vapor pressure os- base sheet or as constituents of coat-
mometry, contains a maximum of 5 ings applied to the base sheet.
percent by weight of total oxygen, and (b) Polyethylene phthalate articles
has an acid value of 9 to 19. consist of a base polymer of ethylene
(b) The finished food-contact article, terephthalate polymer, or ethylene-1,4-
when extracted with the solvent or sol- cyclohexylene dimethylene
vents characterizing the type of food terephthalate copolyesters described in
and under the conditions of time and 177.1315(b)(3), to which have been
temperature characterizing the condi- added optional substances, either as
tions of its intended use as determined constituents of the base polymer or as
from tables 1 and 2 of 176.170(c) of this constituents of coatings applied to the
chapter, yields net acidified chloro- base polymer.
form-soluble extractives not to exceed (c)(1) Polyethylene phthalate
0.5 milligram per square inch of food- spunbonded nonwoven fabric consist of
contact surface when tested by the continuous filaments of ethylene
methods described in 177.1330(c), ex- terephthalate polymer and ethylene
cept that net acidified chloroform-solu- terephthalate-isophthalate copolymer
ble extractives from paper and paper- to which may have been added optional
board complying with 176.170 of this adjuvant substances required in their
chapter may be corrected for wax, pet- preparation and finishing.
rolatum, and mineral oil as provided in (2) The ethylene terephthalate-
176.170(d) (5)(iii)(b) of this chapter. If isophthalate copolymer component of
the finished food-contact article is the fabric shall not exceed 25 percent
itself the subject of a regulation in by weight. The filaments may be blend-
parts 174, 175, 176, 177, 178 and 179.45 of ed with other fibers regulated for the
this chapter, it shall also comply with specific use and the spunbonded fabric
any specifications and limitations pre- may be further bonded by application
scribed for it by such regulations. of heat and/or pressure.
(NOTE: In testing the finished food-con- (3) The fabric shall be used only in
tact article, use a separate test sample accordance with paragraph (i) of this
for each extracting solvent.) section.
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(c) The provisions of this section are (d) The quantity of any optional sub-
not applicable to oxidized polyethylene stance employed in the production of

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177.1630 21 CFR Ch. I (4112 Edition)

polyethylene phthalate plastics does Ethylene-1,4-cyclohexylene dimethylene


not exceed the amount reasonably re- terephthalate copolyesters described in
quired to accomplish the intended 177.1315(b)(3).
Ethylene terephthalate polymer: Prepared
physical or technical effect or any lim- by the condensation of dimethyl
itations further provided. Any sub- terephthalate and ethylene glycol.
stance employed in the production of Ethylene terephthalate polymer: Prepared
polyethylene phthalate plastics that is by the condensation of terephthalic acid
the subject of a regulation in parts 174, and ethylene glycol.
175, 176, 177, 178 and 179 of this chapter (iii) Coatings:
conforms with any specification in Acrylic copolymers (CAS Reg. No. 3039486
such regulation. 6): Prepared by reaction of ethyl acrylate
(e) Substances employed in the pro- (CAS Reg. No. 140885), methyl methacry-
duction of polyethylene phthalate plas- late (CAS Reg. No. 80626), and
tics include: methacrylamide (CAS Reg. No. 79390)
(1) Substances generally recognized blended with melamine-formaldehyde resin
as safe in food. (CAS Reg. No. 68002200). For use in coat-
(2) Substances subject to prior sanc- ings for polyethylene phthalate films com-
tion or approval for use in poly- plying with paragraph (a) of this section.
Ethylene azelate-terephthalate copolymer:
ethylene phthalate plastics and used in The copolymer, dissolved in 1,1,2-trichloro-
accordance with such sanction or ap- ethane and/or methylene chloride, may be
proval. used as a heat-activated sealant on poly-
(3) Substances which by regulation in ethylene terephthalate film intended for
parts 174, 175, 176, 177, 178 and 179.45 of sealing polyethylene terephthalate pouch-
this chapter may be safely used as es that are used as containers of either
components of resinous or polymeric nonalcoholic beverages or alcoholic bev-
food-contact surfaces subject to the erages containing not more than 15 percent
provisions of such regulation. ethyl alcohol. The copolymer has a
terephthalate/azelate molecular ratio of
(4) Substances identified in this para-
1.25/1.00 and a relative viscosity of not less
graph (e)(4) subject to the limitations than 1.5 as determined by a method title
prescribed: General Procedure of Determining the
Relative Viscosity of Resin Polymers,
LIST OF SUBSTANCES AND LIMITATIONS which is incorporated by reference. Copies
(i) Base sheet: are available from the Center for Food
Safety and Applied Nutrition (HFS200),
Ethylene terephthalate copolymers: Pre-
Food and Drug Administration, 5100 Paint
pared by the condensation of dimethyl
Branch Pkwy., College Park, MD 20740, or
terephthalate or terephthalic acid with
available for inspection, at the National
ethylene glycol, modified with one or more
Archives and Records Administration
of the following: Azelaic acid, dimethyl
(NARA). For information on the avail-
azelate, dimethyl sebacate, sebacic acid.
Ethylene terephthalate copolymers: Pre- ability of this material at NARA, call 202
pared by the condensation of dimethyl 7416030, or go to: http://www.archives.gov/
terephthalate or terephthalic acid with federallregister/
ethylene glycol, modified with one or more codeloflfederallregulations/
of the following: Azelaic acid, dimethyl ibrllocations.html. Total residual copoly-
azelate, dimethyl sebacate, sebacic acid, mer solvent (1,1,2-trichloroethane and/or
pyromellitic dianhydride. The level of methylene chloride) shall not exceed 0.13
pyromellitic dianhydride shall not exceed milligram per square inch of film, and food
0.5 percent by weight of the finished co- contact of the film shall be limited to not
polymer which may be used under condi- more than 1 square inch per 250 grams of
tions of use E through H as described in beverage.
table 2 of 176.170(c) of this chapter. 2-Ethylhexyl acrylate copolymerized with
Ethylene terephthalate-isophthalate copoly- one or more of the following:
mers: Prepared by the condensation of Acrylonitrile.
dimethyl terephthalate or terephthalic Methacrylonitrile.
acid and dimethyl isophthalate or iso- Methyl acrylate.
phthalic acid with ethylene glycol. The Methyl methacrylate.
finished copolymers contain either: Itaconic acid.
(a) 77 to 83 weight percent or Vinylidene chloride copolymerized with one
(b) At least 97 weight percent of polymer or more of the following:
units derived from ethylene Methacrylic acid and its methyl, ethyl,
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terephthalate. propyl, butyl, or octyl esters.


Acrylic acid and its methyl, ethyl, propyl,
(ii) Base sheet and base polymer: butyl, or octyl esters.

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Food and Drug Administration, HHS 177.1630
Acrylonitrile. formation on the availability of this ma-
Methacrylonitrile. terial at NARA, call 2027416030, or go
Vinyl chloride. to: http://www.archives.gov/
Itaconic acid. federallregister/
Styrene-maleic anhydride resin, partial 2- codeloflfederallregulations/
butoxyethyl ester, ammonium salt (CAS ibrllocations.html.
Reg. No. 68890802). For use only as a coat- The modifier is used at a level not to ex-
ing for polyethylene phthalate films com- ceed 5 percent by weight of polyethylene
plying with paragraph (a) of this section, terephthalate film. The average thick-
at levels not to exceed 0.025 gram per ness of the finished film shall not exceed
square meter (0.016 milligram per square 0.016 millimeter (0.0006 inch).
inch) of the film, in contact with food of Hexanedioic acid polymer with 1,3-
types VIII and IX in table 1 of 176.170(c) of benzenedimethanamine (CAS Reg. No.
this chapter, under use conditions E, F, 25718701) meeting the specifications in
and G in table 2 of 176.170(c) of this chap- 177.1500(b), item 10, when tested by the
ter. methods given in 177.1500(c). The modi-
fier is used in polyethylene terephthalate
(iv) Emulsifiers: at a level not to exceed 30 percent by
Sodium dodecylbenzenesulfonate: As an ad- weight of the polyethylene
juvant in the application of coatings to the terephthalate.
base sheet or base polymer. Chloroform-soluble extractives shall not
Sodium lauryl sulfate: As an adjuvant in the exceed 0.08 milligram/centimeter2 (0.5
application of coatings to the base sheet or milligram/inch2) of food-contact surface
base polymer. of the modified polyethylene
2-Sulfoethyl methacrylate, sodium salt (CAS terephthalate article when exposed to
Reg. No. 1804871). For use only in copoly- the following solvents at temperatures
mer coatings on polyethylene phthalate and times indicated:
film under conditions of use E, F, and G de- (a) Distilled water at 49 C (120 F) for 24
scribed in table 2 of 175.300(d) of this chap- hours;
ter, and limited to use at a level not to ex- (b) n-Heptane at 49 C (120 F) for 24 hours;
ceed 2.0 percent by weight of the dry co- (c) 8 percent ethyl alcohol at 49 C (120 F)
polymer coating. for 24 hours.
For use in contact with all types of foods
(v) Modifier: except (a) those containing more than 8
1,4-Benzenedicarboxylic acid, dimethyl ester, percent alcohol, or (b) those at tempera-
polymer with 1,4-butanediol and a-hydro- tures over 49 C (120 F).
omega-hydroxypoly(oxy-1,4-butanediyl)
CAS Reg. No. 9078711) meeting the fol- (f) Polyethylene phthalate plastics
lowing specifications: conforming with the specifications pre-
Melting point: 200 to 215 C as determined scribed in paragraph (f)(1) of this sec-
by ASTM method D211782, Standard tion are used as provided in paragraph
Test Method for Melting Point of (f)(2) of this section:
Semicrystalline Polymers by the Hot
(1) Specifications. (i) The food contact
Stage Microscopy Method, which is in-
corporated by reference. Copies may be surface, when exposed to distilled
obtained from the American Society for water at 250 F for 2 hours, yields chlo-
Testing Materials, 100 Barr Harbor Dr., roform-soluble extractives not to ex-
West Conshohocken, Philadelphia, PA ceed 0.5 mg/in2 of food contact surface
19428-2959, or may be examined at the Na- exposed to the solvent; and
tional Archives and Records Administra- (ii) The food contact surface, when
tion (NARA). For information on the exposed to n-heptane at 150 F for 2
availability of this material at NARA, hours, yields chloroform-soluble ex-
call 2027416030, or go to: http://
www.archives.gov/federallregister/
tractives not to exceed 0.5 mg/in2 of
codeloflfederallregulations/ food contact surface exposed to the sol-
ibrllocations.html. vent.
Density: 1.15 to 1.20 as determined by ASTM (2) Conditions of use. The plastics are
method D150568 (Reapproved 1979), used for packaging, transporting, or
Standard Test Method for Density of holding food, excluding alcoholic bev-
Plastics by the Density-Gradient Tech- erages, at temperatures not to exceed
nique, which is incorporated by ref- 250 F.
erence. Copies may be obtained from the
(g) Polyethylene phthalate plastics
American Society for Testing Materials,
100 Barr Harbor Dr., West Conshohocken, conforming with the specifications pre-
scribed in paragraph (g)(1) of this sec-
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Philadelphia, PA 19428-2959, or may be


examined at the National Archives and tion are used as provided in paragraph
Records Administration (NARA). For in- (g)(2) of this section.

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177.1632 21 CFR Ch. I (4112 Edition)

(1) Specifications. (i) The food contact including filtration, at temperatures


surface meets the specifications in not exceeding 212 F.
paragraph (f)(1) of this section; and (iii) Filtration of bulk alcoholic bev-
(ii) The food contact surface when ex- erages, not exceeding 50 percent alco-
posed to 50 percent ethyl alcohol at 120 hol by volume, at temperatures not ex-
F for 24 hours, yields chloroform-solu- ceeding 120 F.
ble extractives not to exceed 0.5 mg/in2 (j) Polyethylene phthalate plastics,
of food contact surface exposed to the composed of ethylene terephthalate-
solvent. isophthalate containing a minimum of
(2) Conditions of use. The plastics are 98 weight percent of polymer units de-
used for packaging, transporting, or rived from ethylene terephthalate, or
holding alcoholic beverages that do not ethylene-1,4-cyclohexylene
exceed 50 percent alcohol by volume. dimethylene terephthalate copoly-
(h) Uncoated polyethylene phthalate esters described in 177.1315(b)(3), con-
plastics consisting of a base sheet or forming with the specifications pre-
base polymer prepared as prescribed scribed in paragraph (j)(1) of this sec-
from substances identified in para- tion, are used as provided in paragraph
graphs (e)(4)(i) and (ii) of this section (j)(2) of this section.
and conforming with the specifications (1) Specifications. (i) The food contact
prescribed in paragraph (h)(1) of this surface meets the specifications in
section are used as provided in para- paragraph (f)(1) of this section and
graph (h)(2) of this section: (ii)(a) Containers with greater than 500
(1) Specifications. (i) The food contact mL capacity. The food-contact surface
surface, when exposed to distilled when exposed to 95 percent ethanol at
water at 250 F for 2 hours yields chlo- 120 F for 24 hours should not yield
roform-soluble extractives not to ex- chloroform-soluble extractives in ex-
ceed 0.02 milligram/inch 2 of food con- cess of 0.005 mg/in 2.
tact surface exposed to the solvent; and (b) Containers with less than or equal to
(ii) The food contact surface, when 500 mL capacity. The food contact sur-
exposed to n-heptane at 150 F for 2 face when exposed to 95 percent eth-
hours, yields chloroform-soluble ex- anol at 120 F for 24 hours should not
tractives not to exceed 0.02 milligram/ yield chloroform-soluble extractives in
inch 2 of food contact surface exposed excess of 0.05 mg/in 2.
to the solvent. (2) Conditions of use. The plastics are
(2) Conditions of use. The plastics are used for packaging, transporting, or
used to contain foods during oven bak- holding alcoholic foods that do not ex-
ing or oven cooking at temperatures ceed 95 percent alcohol by volume.
above 250 F.
(i) Polyethylene phthalate fabric, [42 FR 14572, Mar. 15, 1977, as amended at 42
identified in paragraph (c) of this sec- FR 18611, Apr. 8, 1977; 44 FR 40886, July 13,
tion and conforming with the specifica- 1979; 45 FR 6541, Jan. 29, 1980; 47 FR 11844,
Mar. 19, 1982; 47 FR 53346, Nov. 26, 1982; 48 FR
tions prescribed in paragraph (i)(1) of
30361, July 1, 1983; 49 FR 10110, Mar. 19, 1984;
this section, is used only as provided in 50 FR 31047, July 24, 1985; 51 FR 3772, Jan. 30,
paragraph (i)(2) of this section. 1986; 52 FR 32917, Sept. 1, 1987; 54 FR 15750,
(1) Specifications. Chloroform-soluble Apr. 19, 1989; 54 FR 24898, June 12, 1989; 60 FR
extractives shall not exceed 0.2 milli- 57927, Nov. 24, 1995; 60 FR 61654, Dec. 1, 1995;
gram/inch 2 of food-contact surface 61 FR 46718, Sept. 5, 1996]
when exposed to the following solvents
at temperatures and times indicated: 177.1632
(i) Distilled water at 212 F for 2 Poly(phenyleneterephthalamide)
resins.
hours.
(ii) n-Heptane at 150 F for 2 hours. Poly(phenyleneterephthalamide) res-
(iii) 50 percent ethyl alcohol at 120 F ins identified in paragraph (a) of this
for 24 hours. section may be safely used as articles
(2) Conditions of use. The plastics are or components of articles intended for
intended for: repeated contact with food.
(i) Dry food contact. (a) Identity. For the purpose of this
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(ii) Bulk food (excluding alcoholic section, the poly(phenylene-


beverages) repeated use applications, terephthalamide) resins (CAS Reg. No.

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