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[Code of Federal Regulations]
[Title 21, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR172.385]

[Page 52-53]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 172 FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR HUMAN
 
           Subpart D Special Dietary and Nutritional Additives
 
Sec.  172.385  Whole fish protein concentrate.

    The food additive whole fish protein concentrate may be safely used 
as a food supplement in accordance with the following prescribed 
conditions:
    (a) The additive is derived from whole, wholesome hake and hakelike 
fish, herring of the genera Clupea, menhaden, and anchovy of the species 
Engraulis mordax, handled expeditiously and under sanitary conditions in 
accordance with good manufacturing practices recognized as proper for 
fish that are used in other forms for human food.
    (b) The additive consists essentially of a dried fish protein 
processed from the whole fish without removal of heads, fins, tails, 
viscera, or intestinal contents. It is prepared by solvent extraction of 
fat and moisture with isopropyl alcohol or with ethylene dichloride 
followed by isopropyl alcohol, except that the additive derived from 
herring, menhaden and anchovy is prepared by solvent extraction with 
isopropyl alcohol alone. Solvent residues are reduced by conventional 
heat drying and/or microwave radiation and there is a partial removal of 
bone.
    (c) The food additive meets the following specifications:
    (1) Protein content (N x 6.25) shall not be less than 75 percent by 
weight of the final product, as determined by the method described in 
section 2.057 in ``Official Methods of Analysis of the Association of 
Official Analytical Chemists'' (AOAC), 13th Ed. (1980). Protein quality 
shall not be less than 100, as determined by the method described in 
sections 43.212-43.216 of the AOAC. The 13th Ed. is incorporated by 
reference, and copies may be obtained from the AOAC INTERNATIONAL, 481 
North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be 
examined 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.html.
    (2) Moisture content shall not exceed 10 percent by weight of the 
final product, as determined by the method described in section 24.003 
of the AOAC. See paragraph (c)(1) of this section for availability of 
the material incorporated by reference.
    (3) Fat content shall not exceed 0.5 percent by weight of the final 
product, as determined by the method described

[[Page 53]]

in section 24.005 of the AOAC. See paragraph (c)(1) of the this section 
for availability of the material incorporated by reference.
    (4) The additive may contain residues of isopropyl alcohol and 
ethylene dichloride not in excess of 250 parts per million and 5 parts 
per million, respectively, when used as solvents in the extraction 
process.
    (5) Microwave radiation meeting the requirements of Sec.  179.30 of 
this chapter may be used to reduce residues of the solvents used in the 
extraction process.
    (6) The additive shall contain not in excess of 100 parts per 
million fluorides (expressed as F).
    (7) The additive shall be free of Escherichia coli and pathogenic 
organisms, including Salmonella, and shall have a total bacterial plate 
count of not more than 10,000 per gram.
    (8) The additive shall have no more than a faint characteristic fish 
odor and taste.
    (d) When the additive is used or intended for use in the household 
as a protein supplement in food for regular consumption by children up 
to 8 years of age, the amount of the additive from this source shall not 
exceed 20 grams per day (about one heaping tablespoon).
    (e) When the additive is used as a protein supplement in 
manufactured food, the total fluoride content (expressed as F) of the 
finished food shall not exceed 8 ppm based on the dry weight of the food 
product.
    (f) To assure safe use of the additive, in addition to the other 
information required by the Act:
    (1) The label of consumer-sized or bulk containers of the additive 
shall bear the name ``whole fish protein concentrate''.
    (2) The label or labeling of containers of the additive shall bear 
adequate directions for use to comply with the limitations prescribed by 
paragraphs (d) and (e) of this section.
    (3) Labels of manufactured foods containing the additive shall bear, 
in the ingredient statement, the name of the additive, ``whole fish 
protein concentrate'' in the proper order of decreasing predominance in 
the finished food.

[42 FR 14491, Mar. 15, 1977, as amended at 49 FR 10104, Mar. 19, 1984; 
54 FR 24897, June 12, 1989]




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