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U.S. Department of Health and Human Services

Final Rules: Food Additives and Color Additives
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Petition(s): CAP 4C0326

Listing of Color Additives Exempt From Certification; Beetroot Red

Petitioner: Phytolon Ltd.
Docket number (legacy and/or former docket number(s)): FDA-2024-C-1085
Subject additive and intended use: amending the color additive regulations to provide for the safe use of beetroot red for the coloring of human foods generally, at levels consistent with current good manufacturing practice, except in products under the jurisdiction of the United States Department of Agriculture (USDA), infant formula, or foods for which standards of identity have been issued under section 401 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), unless the use of the added color is authorized by such standards.
21 CFR* affected: 73.39; Beetroot red.
Federal Register publication history: Mar 12, 2024; 89 FR 17789; Notification of petition
Feb 6, 2026; 91 FR 5295; Final amendment; order.†; Effective date: Mar 23, 2026

† Objections may be submitted until March 9, 2026; any objections could stay the regulations.

 

*Definitions

  • 21 CFR: Title 21 of the Code of Federal Regulations.
  • Substance: The name of the substance listed in the CFR.
  • CAS Registry® No.: Chemical Abstract Service (CAS) Registry Number® for the substance.
  • Petitions (see also Questions and Answers About the Petition Process)
    • FAP: Food Additive Petition
    • CAP: Color Additive Petition
    • GRP: GRAS Affirmation Petition (replaced by GRAS Notification Program in 1998)
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