[Code of Federal Regulations]
[Title 21, Volume 3]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR177.1010]

[Page 222-228]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 177--INDIRECT FOOD ADDITIVES: POLYMERS--Table of Contents
 
Subpart B--Substances for Use as Basic Components of Single and Repeated 
                        Use Food Contact Surfaces
 
Sec. 177.1010  Acrylic and modified acrylic plastics, semirigid and rigid.


    Semirigid and rigid acrylic and modified acrylic plastics may be 
safely used as articles intended for use in contact

[[Page 223]]

with food, in accordance with the following prescribed conditions. The 
acrylic and modified acrylic polymers or plastics described in this 
section also may be safely used as components of articles intended for 
use in contact with food.
    (a) The optional substances that may be used in the formulation of 
the semirigid and rigid acrylic and modified acrylic plastics, or in the 
formulation of acrylic and modified acrylic components of articles, 
include substances generally recognized as safe in food, substances used 
in accordance with a prior sanction or approval, substances permitted 
for use in such plastics by regulations in parts 170 through 189 of this 
chapter, and substances identified in this paragraph. At least 50 
weight-percent of the polymer content of the acrylic and modified 
acrylic materials used as finished articles or as components of articles 
shall consist of polymer units derived from one or more of the acrylic 
or methacrylic monomers listed in paragraph (a)(1) of this section.
    (1) Homopolymers and copolymers of the following monomers:

n-Butyl acrylate.
n-Butyl methacrylate.
Ethyl acrylate.
2-Ethylhexyl acrylate.
Ethyl methacrylate.
Methyl acrylate.
Methyl methacrylate.

    (2) Copolymers produced by copolymerizing one or more of the 
monomers listed in paragraph (a)(1) of this section with one or more of 
the following monomers:

Acrylonitrile.
Methacrylonitrile.
-Methylstyrene.
Styrene.
Vinyl chloride.
Vinylidene chloride.

    (3) Polymers identified in paragraphs (a)(1) and (2) of this section 
containing no more than 5 weight-percent of total polymer units derived 
by copolymerization with one or more of the monomers listed in paragraph 
(a)(3)(i) and (ii) of this section. Monomers listed in paragraph 
(a)(3)(ii) of this section are limited to use only in plastic articles 
intended for repeated use in contact with food.
    (i) List of minor monomers:

Acrylamide.
Acrylic acid
1,3-Butylene glycol dimethacrylate.
1,4-Butylene glycol dimethacrylate.
Diethylene glycol dimethacrylate.
Diproplylene glycol dimethacrylate.
Divinylbenzene.
Ethylene glycol dimethacrylate.
Itaconic acid.
Methacrylic acid.
N-Methylolacrylamide.
N-Methylolmethacrylamide.
4-Methyl-1,4-pentanediol dimethacrylate.
Propylene glycol dimethacrylate.
Trivinylbenzene.

    (ii) List of minor monomers limited to use only in plastic articles 
intended for repeated use in contact with food:

Allyl methacrylate [Chemical Abstracts Service Registry No. 96-05-9]
tert-Butyl acrylate.
tert-Butylaminoethyl methacrylate.
sec-Butyl methacrylate.
tert-Butyl methacrylate.
Cyclohexyl methacrylate.
Dimethylaminoethyl methacrylate.
2-Ethylhexyl methacrylate.
Hydroxyethyl methacrylate.
Hydroxyethyl vinyl sulfide.
Hydroxypropyl methacrylate.
Isobornyl methacrylate.
Isobutyl methacrylate.
Isopropyl acrylate.
Isopropyl methacrylate.
Methacrylamide.
Methacrylamidoethylene urea.
Methacryloxyacetamidoethylethylene urea.
Methacryloxyacetic acid.
n-Propyl methacrylate.
3,5,5-Trimethylcyclohexyl methacrylate.

    (4) Polymers identified in paragraphs (a)(1), (2), and (3) of this 
section are mixed together and/or with the following polymers, provided 
that no chemical reactions, other than addition reactions, occur when 
they are mixed:

Butadiene-acrylonitrile copolymers.
Butadiene-acrylonitrile-styrene copolymers.
Butadiene-acrylonitrile-styrene-methyl methacrylic copolymers.
Butadiene-styrene copolymers.
Butyl rubber.
Natural rubber.
Polybutadiene.
Poly (3-chloro-1,3-butadiene).
Polyester identified in Sec. 175.300(b)(3)(vii) of this chapter.
Polyvinyl chloride.
Vinyl chloride copolymers complying with Sec. 177.1980.
Vinyl chloride-vinyl acetate copolymers.


[[Page 224]]


    (5) Antioxidants and stabilizers identified in 
Sec. 175.300(b)(3)(xxx) of this chapter and the following:

Di-tert-butyl-p-cresol.
2-Hydroxy-4-methoxybenzophenone.
2-Hydroxy-4-methoxy-2-carboxybenzophenone.
3-Hydroxyphenyl benzoate.
p-Methoxyphenol.
Methyl salicylate.
Octadecyl 3,5-di-tert-butyl-4-hydroxyhydrocinnamate (CAS Reg. No. 2082-
79-3): For use only: (1) At levels not exceeding 0.2 percent by weight 
in semirigid and rigid acrylic and modified acrylic plastics, where the 
finished articles contact foods containing not more than 15 percent 
alcohol; and (2) at levels not exceeding 0.01 percent by weight in 
semirigid and rigid acrylic and modified acrylic plastics intended for 
repeated food-contact use where the finished article may be used for 
foods containing more than 15 percent alcohol.
Phenyl salicylate.

    (6) Release agents: Fatty acids derived from animal and vegetable 
fats and oils, and fatty alcohols derived from such acids.
    (7) Surface active agent: Sodium dodecylbenzenesulfonate.
    (8) Miscellaneous materials:

Di(2-ethylhexyl) phthalate, for use only as a flow promoter at a level 
not to exceed 3 weight-percent based on the monomers.
Dimethyl phthalate.
Oxalic acid, for use only as a polymerization catalyst aid.
Tetraethylenepentamine, for use only as a catalyst activator at a level 
not to exceed 0.5 weight-percent based on the monomers.
Toluene.
Xylene.

    (b) The semirigid and rigid acrylic and modified acrylic plastics, 
in the finished form in which they are to contact food, when extracted 
with the solvent or solvents characterizing the type of food and under 
the conditions of time and temperature as determined from tables 1 and 2 
of Sec. 176.170(c) of this chapter, shall yield extractives not to 
exceed the following, when tested by the methods prescribed in paragraph 
(c) of this section. The acrylic and modified acrylic polymers or 
plastics intended to be used as components of articles also shall yield 
extractives not to exceed the following limitations when prepared as 
strips as described in paragraph (c)(2) of this section:
    (1) Total nonvolatile extractives not to exceed 0.3 milligram per 
square inch of surface tested.
    (2) Potassium permanganate oxidizable distilled water and 8 and 50 
percent alcohol extractives not to exceed an absorbance of 0.15.
    (3) Ultraviolet-absorbing distilled water and 8 and 50 percent 
alcohol extractives not to exceed an absorbance of 0.30.
    (4) Ultraviolet-absorbing n-heptane extractives not to exceed an 
absorbance of 0.10.
    (c) Analytical methods--(1) Selection of extractability conditions. 
These are to be chosen as provided in Sec. 176.170(c) of this chapter.
    (2) Preparation of samples. Sufficient samples to allow duplicates 
of all applicable tests shall be cut from the articles or formed from 
the plastic composition under tests, as strips about 2.5 inches by about 
0.85-inch wide by about 0.125-inch thick. The total exposed surface 
should be 5 square inches plus-minus0.5-square inch. The 
samples, after preparation, shall be washed with a clean brush under hot 
tapwater, rinsed under running hot tapwater (140  deg.F minimum), rinsed 
with distilled water, and air-dried in a dust-free area or in a 
desiccator.
    (3) Preparation of solvents. The water used shall be double-
distilled water, prepared in a still using a block tin condenser. The 8 
and 50 percent (by volume) alcohol solvents shall be prepared from ethyl 
alcohol meeting the specifications of the United States Pharmacopeia XX 
and diluted with double-distilled water that has been prepared in a 
still using a tin block condenser. The n-heptane shall be 
spectrophotometric grade. Adequate precautions must be taken to keep all 
solvents dust-free.
    (4) Blank values on solvents. (i) Duplicate determinations of 
residual solids shall be run on samples of each solvent that have been 
exposed to the temperature-time conditions of the extraction test 
without the plastic sample. Sixty milliliters of exposed solvent is 
pipetted into a clean, weighed platinum dish, evaporated to 2-5 
milliliters on a nonsparking, low-temperature hot plate and dried in 212 
 deg.F oven for 30 minutes. The residue for each solvent shall be 
determined by weight and the

[[Page 225]]

average residue weight used as the blank value in the total solids 
determination set out in paragraph (c)(6) of this section. The residue 
for an acceptable solvent sample shall not exceed 0.5 milligram per 60 
milliliters.
    (ii) For acceptability in the ultraviolet absorbers test, a sample 
of each solvent shall be scanned in an ultraviolet spectrophotometer in 
5-centimeter silica spectrophotometric absorption cells. The absorbance 
of the distilled water when measured versus air in the reference cell 
shall not exceed 0.03 at any point in the wavelength region of 245 to 
310 m. The absorbance of the 8 percent alcohol when measured 
versus distilled water in the reference cell shall not exceed 0.01 at 
any point in the wavelength region of 245 to 310 m. The 
absorbance of the 50 percent alcohol when measured versus distilled 
water in the reference cell shall not exceed 0.05 at any point in the 
wavelength region of 245 to 310 m. The absorbance of the 
heptane when measured versus distilled water in the reference cell shall 
not exceed 0.15 at 245, 0.09 at 260, 0.04 at 270, and 0.02 at any point 
in the wavelength region of 280 to 310 m.
    (iii) Duplicate ultraviolet blank determinations shall be run on 
samples of each solvent that has been exposed to the temperature-time 
conditions of the extraction test without the plastic sample. An aliquot 
of the exposed solvent shall be measured versus the unexposed solvent in 
the reference cell. The average difference in the absorbances at any 
wavelength in the region of 245 to 310 m shall be used as a 
blank correction for the ultraviolet absorbers measured at the same 
wavelength according to paragraph (c)(8)(ii) of this section.
    (iv) The acceptability of the solvents for use in the permanganate 
test shall be determined by preparing duplicate permanganate test blanks 
according to paragraph (c)(7)(iv) of this section. For this test, the 
directions referring to the sample extract shall be disregarded. The 
blanks shall be scanned in 5-centimeter silica spectrophotometric cells 
in the spectrophotometer versus the appropriate solvent as reference. 
The absorbance in distilled water in the wavelength region of 544 to 552 
m should be 1.16 but must not be less than 1.05 nor more than 
1.25. The absorbance in the 8 and 50 percent alcohol must not be less 
than 0.85 nor more than 1.15.
    (v) Duplicate permanganate test determinations shall be run on 
samples of distilled water and 8 and 50 percent alcohol solvents that 
have been exposed to the temperature-time conditions of the extraction 
test without the plastic sample. The procedure shall be as described in 
paragraph (c)(7)(iv) of this section, except that the appropriate 
exposed solvent shall be substituted where the directions call for 
sample extract. The average difference in the absorbances in the region 
of 544 to 552 m shall be used as a blank correction for the 
determination of permanganate oxidizable extractives according to 
paragraph (c)(7)(iv) of this section.
    (5) Extraction procedure. For each extraction, place a plastic 
sample in a clean 25 millimeters  x  200 millimeters hard-glass test 
tube and add solvent equal to 10 milliliters of solvent per square inch 
of plastic surface. This amount will be between 45 milliliters and 55 
milliliters. The solvent must be preequilibrated to the temperature of 
the extraction test. Close the test tube with a ground-glass stopper and 
expose to the specified temperature for the specified time. Cool the 
tube and contents to room temperature if necessary.
    (6) Determination of total nonvolatile extractives. Remove the 
plastic strip from the solvent with a pair of clean forceps and wash the 
strip with 5 milliliters of the appropriate solvent, adding the washings 
to the contents of the test tube. Pour the contents of the test tube 
into a clean, weighed platinum dish. Wash the tube with 5 milliliters of 
the appropriate solvent and add the solvent to the platinum dish. 
Evaporate the solvent to 2-5 milliliters on a nonsparking, low-
temperature hotplate. Complete the evaporation in a 212  deg.F oven for 
30 minutes. Cool the dish in a desiccator for 30 minutes and weigh to 
the nearest 0.1 milligram. Calculate the total nonvolatile extractives 
as follows:

[[Page 226]]

[GRAPHIC] [TIFF OMITTED] TR01JA93.392

[GRAPHIC] [TIFF OMITTED] TR01JA93.393

where:

e=Total increase in weight of the dish, in milligrams.
b=Blank value of the solvent in milligrams, as determined in paragraph 
          (c)(4)(i) of this section.
s=Total surface of the plastic sample in square inches.

    (7) Determination of potassium permanganate oxidizable extractives. 
(i) Pipette 25 milliliters of distilled water into a clean 125-
milliliter Erlenmeyer flask that has been rinsed several times with 
aliquots of distilled water. This is the blank. Prepare a distilled 
water solution containing 1.0 part per million of p-methoxyphenol 
(melting point 54-56  deg.C, Eastman grade or equivalent). Pipette 25 
milliliters of this p-methoxyphenol solution into a rinsed Erlenmeyer 
flask. Pipette exactly 3.0 milliliters of 154 parts per million aqueous 
potassium permanganate solution into the p-methoxyphenol and exactly 3.0 
milliliters into the blank, in that order. Swirl both flasks to mix the 
contents and then transfer aliquots from each flask into matched 5-
centimeter spectrophotometric absorption cells. The cells are placed in 
the spectrophotometer cell compartment with the p-methoxyphenol solution 
in the reference beam. Spectrophotometric measurement is conducted as in 
paragraph (c)(7)(iv) of this section. The absorbance reading in the 
region 544-552 m should be 0.24 but must be not less than 0.12 
nor more than 0.36. This test shall be run in duplicate. For the purpose 
of ascertaining compliance with the limitations in paragraph (b)(2) of 
this section, the absorbance measurements obtained on the distilled 
water extracts according to paragraph (c)(7)(iv) of this section shall 
be multiplied by a correction factor, calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JA93.394

    (ii) The procedure in paragraph (c)(7)(i) of this section is 
repeated except that, in this instance, the solvent shall be 8 percent 
alcohol. The absorbance in the region 544-552 m should be 0.26 
but must be not less than 0.13 nor more than 0.39. This test shall be 
run in duplicate. For the purpose of ascertaining compliance with the 
limitations prescribed in paragraph (b)(2) of this section, the 
absorbance measurements obtained on the 8 percent alcohol extracts 
according to paragraph (c)(7)(iv) of this section shall be multiplied by 
a correction factor, calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JA93.395

    (iii) The procedure in paragraph (c)(7)(i) of this section is 
repeated except that, in this instance, the solvent shall be 50 percent 
alcohol. The absorbance in the region 544-552 m should be 0.25 
but must be not less than 0.12 nor more than 0.38. This test shall be 
run in duplicate. For the purpose of

[[Page 227]]

ascertaining compliance with the limitations prescribed in paragraph 
(b)(2) of this section, the absorbance measurements obtained on the 50 
percent alcohol extracts according to paragraph (c)(7)(iv) of this 
section shall be multiplied by a correction factor, calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR01JA93.396

    (iv) Water and 8 and 50 percent alcohol extracts. Pipette 25 
milliliters of the appropriate solvent into a clean, 125-milliliter 
Erlenmeyer flask that has been rinsed several times with aliquots of the 
same solvent. This is the blank. Into another similarly rinsed flask, 
pipette 25 milliliters of the sample extract that has been exposed under 
the conditions specified in paragraph (c)(5) of this section. Pipette 
exactly 3.0 milliliters of 154 parts per million aqueous potassium 
permanganate solution into the sample and exactly 3.0 milliliters into 
the blank, in that order. Before use, the potassium permanganate 
solution shall be checked as in paragraph (c)(7)(i) of this section. 
Both flasks are swirled to mix the contents, and then aliquots from each 
flask are transferred to matched 5-centimeter spectrophotometric 
absorption cells. Both cells are placed in the spectrophotometer cell 
compartment with the sample solution in the reference beam. The 
spectrophotometer is adjusted for 0 and 100 percent transmittance at 700 
m. The spectrum is scanned on the absorbance scale from 700 
m to 500 m in such a way that the region 544 
m to 552 m is scanned within 5 minutes to 10 minutes 
of the time that permanganate was added to the solutions. The height of 
the absorbance peak shall be measured, corrected for the blank as 
determined in paragraph (c)(4)(v) of this section, and multiplied by the 
appropriate correction factor determined according to paragraph (c)(7) 
(i), (ii), and (iii) of this section. This test shall be run in 
duplicate and the two results averaged.
    (8) Determination of ultraviolet-absorbing extractives. (i) A 
distilled water solution containing 1.0 part per million of p-
methoxyphenol (melting point 54  deg.C-56  deg.C. Eastman grade or 
equivalent) shall be scanned in the region 360 to 220 m in 5-
centimeter silica spectrophotometric absorption cells versus a distilled 
water reference. The absorbance at the wavelength of maximum absorbance 
(should be about 285 m) is about 0.11 but must be not less than 
0.08 nor more than 0.14. This test shall be run in duplicate. For the 
purpose of ascertaining compliance with the limitations prescribed in 
paragraph (b) (3) and (4) of this section, the absorbance obtained on 
the extracts according to paragraph (c)(8)(ii) of this section shall be 
multiplied by a correction factor, calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JA93.397

    (ii) An aliquot of the extract that has been exposed under the 
conditions specified in paragraph (c)(5) of this section is scanned in 
the wavelength region 360 to 220 m versus the appropriate 
solvent reference in matched 5-

[[Page 228]]

centimeter silica spectrophotometric absorption cells. The height of any 
absorption peak shall be measured, corrected for the blank as determined 
in paragraph (c)(4)(iii) of this section, and multiplied by the 
correction factor determined according to paragraph (c)(8)(i) of this 
section.
    (d) In accordance with current good manufacturing practice, finished 
semirigid and rigid acrylic and modified acrylic plastics, and articles 
containing these polymers, intended for repeated use in contact with 
food shall be thoroughly cleansed prior to their first use in contact 
with food.
    (e) Acrylonitrile copolymers identified in this section shall comply 
with the provisions of Sec. 180.22 of this chapter.
    (f) The acrylic and modified acrylic polymers identified in and 
complying with this section, when used as components of the food-contact 
surface of an article that is the subject of a regulation in this part 
and in parts 174, 175, 176, and 178 of this chapter, shall comply with 
any specifications and limitations prescribed by such regulation for the 
article in the finished form in which it is to contact food.

[42 FR 14572, Mar. 15, 1977; 42 FR 56728, Oct. 28, 1977, as amended at 
43 FR 54927, Nov. 24, 1978; 45 FR 67320, Oct. 10, 1980; 46 FR 46796, 
Sept. 22, 1981; 49 FR 10108, Mar. 19, 1984; 49 FR 13139, Apr. 3, 1984; 
50 FR 31045, July 24, 1985]