In an article published on July 3, 2020, regulatory news provider Chemical Watch reported on a proposed amendment to food additive regulations in the US that would allow a food contact substance notification (FCN) to be removed for reasons other than safety. Specifically, this would allow a manufacturer to notify the US Food and Drug Administration (FDA) of substances it no longer produces and allow for the substances to be delisted. The update was communicated in the Spring 2020 Unified Agenda that reports on actions planned by administrative agencies. The proposed change also notes that the FDA “would provide manufacturers or suppliers an opportunity to address any safety concerns earlier in the process before [it makes] a determination that an FCN is no longer effective.”

The change would address previous requests by companies to remove FCNs for substances they no longer manufacture. However, the proposal is not guaranteed to be implemented, and timelines for items in previous regulatory agendas have often been delayed.

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Office of Information and Regulatory Affairs (June 30, 2020). “Food Additives: Food Contact Substance Notification That Is No Longer Effective.”

Chemical Watch (July 3, 2020). “US FDA plans rule to allow withdrawal of FCNs for reasons other than safety.”

Keller and Heckman LLP (July 14, 2020). “FDA to Propose Rule to Allow Delisting of Food Contact Substances for Non-Safety Reasons.”