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TTB NEWSLETTER | Weekly News

December 16, 2016


IN THIS ISSUE

Greetings! We hope you had a calm and serene week!  This week's top news includes a notice from CBP about the effective date for the transition to ACE as the sole CBP-authorized system for certain electronic entry documents, draft guidance from FDA regarding using certain fruit and vegetable juices as coloring additives, as well as a list of the past week's top formulation pages at TTB.gov/.


EFFECTIVE DATE FOR THE AUTOMATED COMMERCIAL ENVIRONMENT (ACE) BECOMING THE SOLE CBP-AUTHORIZED ELECTRONIC DATA INTERCHANGE (EDI) SYSTEM FOR PROCESSING ELECTRONIC DRAWBACK AND DUTY DEFERRAL ENTRY AND ENTRY SUMMARY FILINGS

SOURCE:  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: General notice.

SUMMARY: On August 30, 2016, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing plans to make the Automated Commercial Environment (ACE) the sole electronic data interchange (EDI) system authorized by the Commissioner of U.S. Customs and Border Protection (CBP) for processing electronic drawback and duty deferral entry and entry summary filings. The changes announced in that notice were to have been effective on October 1, 2016. On October 3, 2016, CBP published a notice in the Federal Register announcing that the effective date for the transition to ACE as the sole CBP-authorized EDI system for electronic drawback and duty deferral entry and entry summary filings would be delayed until further notice. This notice announces that the effective date for the transition will be January 14, 2017.

DATES: Effective January 14, 2017: ACE will be the sole CBP-authorized EDI system for processing electronic drawback and duty deferral entry and entry summary filings, and ACS will no longer be a CBP-authorized EDI system for purposes of processing these filings.

FDA CLARIFIES APPLICABILITY OF COLOR ADDITIVE REGULATIONS FOR VEGETABLE AND FRUIT JUICE

For those alcohol beverages where the use of coloring material is authorized, only certified and noncertified coloring additives that have been approved by FDA for use in food may be used.

Source: FDA Constituent Update dated December 13, 2016

In response to questions from food manufacturers, the U.S. Food and Drug Administration has issued draft guidance to clarify when juices from fruits and vegetables may be used as color additives for foods without additional premarket review and approval from the agency under its color additive petition process.

Color additives must be approved for use by the FDA and must be used only in compliance with the approved uses, specifications, and restrictions set out in FDA regulations. The authorization for the use of fruit and vegetable (21 CFR 73.250 and 21 CFR 73.260, respectively) as color additives in food are limited to the juice from certain fruit and vegetables and under certain conditions. The basis for these color additive regulations is that the fruit or vegetable from which the juice is made has been safely consumed as food. The fact that a plant material can be eaten does not necessarily mean that juice from such plant material meets the specifications of these regulations.

Manufacturers have asked the FDA about a variety of color additives made from plant materials. For example, in response to these inquiries, the FDA has advised that juice made from purple corn and black carrots can meet the specifications of the vegetable juice color additive regulation. We have also advised that juice made from safflower petal and hibiscus flower do not meet these specifications.

Manufacturers seeking to use plant materials that do not meet the specifications under the fruit and vegetable juice color additive regulations can submit color additive petitions with safety data for the FDA's review. In response to such petitions, the FDA has authorized color additives that are made from certain plant materials in separate color additive regulations.

Like all color additives in packaged foods, fruit juice and vegetable juice color additives must be declared in the ingredient label statement. Fruit juice and vegetable juice when used as color additives in food may be declared as "Artificial Color," "Artificial Color Added," or "Color Added," or by an equally informative term that makes clear that a color additive has been used in the food, such as "Colored with Fruit Juice" or "Vegetable Juice Color."

The draft guidance will be available for public comment for 60 days starting December 14, 2016. The FDA will consider all comments before completing a final version.

To submit comments by mail, send to FDA at:
Division of Dockets Management (HFA-305)
Food and Drug Administration
5630 Fishers Lane, Rm. 1061
Rockville, MD 20852

All comments must include the agency name and docket number.

Additional Information:

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