Notices. Final rule; removal

803 words·~4 min read·/register/2013/07/16/2013-16971·

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BILLING CODE 8011-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket Nos. FDA-2011-C-0344 and FDA-2011-C-0463] Listing of Color Additives Exempt From Certification; Reactive Blue 246 and Reactive Blue 247 Copolymers; Confirmation of Effective Date Correction In rule document 2013-15111, appearing on pages 37962-37963 in the issue of Tuesday, June 25, 2013, make the following correction: On page 37962, in the section titled SUPPLEMENTARY INFORMATION , the first paragraph is corrected to read as set forth below:

In the **Federal Register** of April 1, 2013, we amended the color additive regulations in §§ 73.3100 and 73.3106 (21 CFR 73.3100 and 73.3106), respectively, to provide for the safe use of additional copolymers of 1,4-bis[(2-hydroxyethyl)amino]-9,10-anthracenedione bis(2-methyl-2-propenoic)ester (C.I. Reactive Blue 247) and additional copolymers of 1,4-bis[4-(2-methacryloxyethyl)phenylamino]anthraquinone (C.I. Reactive Blue 246), as color additives in contact lenses. We also corrected the nomenclature for Reactive Blue 247 by inserting “2-methyl” before “2-propenoic.” [FR Doc.

C1-2013-15111 Filed 7-15-13; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 500 [Docket No. FDA-2013-N-0253] Animal Feeds Contaminated With Salmonella Microorganisms AGENCY: Food and Drug Administration, HHS. ACTION: Final rule; removal. SUMMARY: The Food and Drug Administration (FDA or Agency) is revoking an advisory opinion on animal feeds contaminated with *Salmonella* microorganisms. This action is being taken because that advisory opinion is being superseded by the current FDA enforcement strategy articulated in a final compliance policy guide

(CPG)on *Salmonella* in food for animals. DATES: This rule is effective July 16, 2013. FOR FURTHER INFORMATION CONTACT: Kim Young, Center for Veterinary Medicine (HFV-230), 7519 Standish Pl., MPN-4, Rm. 106, Rockville, MD 20855, 240-276-9207, *kim.young@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: In the **Federal Register** of March 15, 1967, (32 FR 4058), FDA issued an advisory opinion (the 1967 advisory opinion) codified at § 500.35 (21 CFR 500.35), which found that processed fish meal, poultry meal, meat meal, tankage, or other animal byproducts intended for use in animal feed may be contaminated with *Salmonella* bacteria, an organism pathogenic to man and animals. FDA found in the 1967 advisory opinion that contamination of these products may occur through inadequate heat treatment of the product during its processing or through recontamination of the heat-treated product during a time of improper storage or handling subsequent to processing. FDA also found in the 1967 advisory opinion that *Salmonella* contamination of such animal feeds having the potential for producing infection and disease in animals must be regarded as an adulterant within the meaning of section 402(a) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 342(a)). FDA then articulated its intention to regard as adulterated within the meaning of section 402(a) of the FD&C Act shipments of the following when intended for animal feed and encountered in interstate commerce and found upon examination to be contaminated with *Salmonella* microorganisms: Bone meal, blood meal, crab meal, feather meal, fish meal, fish solubles, meat scraps, poultry meat meal, tankage, or other similar animal byproducts, or blended mixtures of these. Elsewhere in this issue of the **Federal Register,** FDA announced a final guidance for FDA staff entitled “Compliance Policy Guide Sec. 690.800 *Salmonella* in Food for Animals” (the CPG), that revises the criteria FDA staff should consider in deciding whether to recommend seizure or import detention of an animal feed or feed ingredient due to adulteration resulting from contamination with *Salmonella* . Because the policy in the 1967 advisory opinion is being superseded by the CPG, the 1967 advisory opinion codified at 21 CFR 500.35 is hereby revoked. FDA is removing § 500.35 without prior opportunity for comment in accordance with 21 CFR 10.85(g), which states “An advisory opinion may be amended or revoked at any time after it has been issued. Notice of amendment or revocation will be given in the same manner as notice of the advisory opinion was originally given or in the **Federal Register** . . .” As the advisory opinion at § 500.35 was published and codified on March 15, 1967, without prior opportunity for comment, this removal of § 500.35 is published in the **Federal Register** in the same manner. List of Subjects in 21 CFR Part 500 Animal drugs, Animal feeds, Cancer, Labeling, Packaging and containers, Polychlorinated biphenyls (PCBs). Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 500 is amended as follows: PART 500—GENERAL 1. The authority citation for 21 CFR part 500 continues to read as follows: Authority: 21 U.S.C. 321, 331, 342, 343, 348, 351, 352, 353, 360b, 371, 379e. § 500.35 [Removed] 2. Remove § 500.35. Dated: July 10, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013-16971 Filed 7-15-13; 8:45 am]

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