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[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR73.585]

[Page 356-357]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 73 LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION--Table of 
 
                             Subpart A Foods
 
Sec.  73.585  Tomato lycopene extract; tomato lycopene concentrate.

    (a) Identity. (1) The color additive tomato lycopene extract is a 
red to dark brown viscous oleoresin extracted with ethyl acetate from 
tomato pulp followed by removal of the solvent by evaporation. The pulp 
is produced from fresh, edible varieties of the tomato by removing the 
liquid. The main coloring component is lycopene.
    (2) The color additive tomato lycopene concentrate is a powder 
prepared from tomato lycopene extract by removing most of the tomato 
lipids with ethyl acetate and then evaporating off the solvent.
    (3) Color additive mixtures made with tomato lycopene extract or 
tomato lycopene concentrate may contain only those diluents listed in 
this subpart as safe and suitable for use in color additive mixtures for 
coloring food.
    (b) Specifications. (1) Tomato lycopene extract shall conform to the 
following specification: Lycopene, not less than 5.5 percent of 
oleoresin as determined by the method entitled ``Qualitative Analysis of 
Lycopene, Its Isomers and Other Carotenoids in Different Concentrations 
of Lyc-O-Mato[reg] (Tomato Oleoresin) and in Tomato Pulp by 
High Performance Liquid Chromatography (HPLC),'' S.O.P. number : Lab/
119/01, Revision 01, dated May 30, 2001, published by LycoRed Natural 
Products Industries, which is incorporated by reference, or an 
equivalent method. The Director of the Office of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy of the method from the 
Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug 
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. You may 
inspect a copy at the Center for Food Safety and Applied Nutrition's 
Library, 5100 Paint Branch Pkwy., College Park, MD, or 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://

[[Page 357]]

www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html
    (2) Tomato lycopene concentrate shall conform to the following 
specification: Lycopene, not less than 60 percent of oleoresin as 
determined by the method identified in paragraph (b)(1) of this section.
    (c) Uses and restrictions. Tomato lycopene extract and tomato 
lycopene concentrate may be safely used for coloring foods generally in 
amounts consistent with good manufacturing practice, except that they 
may not be used to color foods for which standards of identity have been 
issued under section 401 of the act, unless the use of added color is 
authorized by such standards.
    (d) Labeling. The label of the color additive shall conform to the 
requirements of Sec.  70.25 of this chapter.
    (e) Exemption from certification. Certification of this color 
additive is not necessary for the protection of the public health, and 
therefore batches thereof are exempt from the certification requirements 
of section 721(c) of the act.

[70 FR 43045, July 26, 2005]




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