Document rp92wrj8d4RLxQXban2Y0ryN0
FILE NAME Talc TALC
DATE 1975 DOC TALC088
DOCUMENT DESCRIPTION Federal Register Notice
RULES AND REGULATIONS
11865
Title Employees Benefits
CHAPTER SOCIAL SECURITY ADMIN-
ISTRATION DEPARTMENT OF HEALTH
EDUCATION AND WELFARE Regs No. 5 further amended
PART FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
Part 405 of Chapter III of Title 20 of
the Code of Federal Regulations is
amended as follows
Paragraph b of 405.912 is revised
to read as follows
405.912 Collection of premiums while monthly benefits are suspended
*
*
*
*
main categories One concerns provisions to decrease the potential for ingestion of
asbestos fibers The other concerns pro-
visions to decrease the potential for injection of asbestos fibers A discussion of each category of comments and the
Commission's conclusions are set forth
below
A. Comments on provisions dealing
1965
b Collection of premiums where with ingestion potential of asbestos
Subpart Premiums for Supplementary Medical Insurance Benefits
SUPPLEMENTARY MEDICAL INSURANCE BENEFITS PREMIUM BILLING
On October 2 1974 there was pub-
lished in the FEDERAL REGISTER 39 FR
35577 a notice of proposed rulemaking with a proposed amendment to Subpart
monthly benefit payments will not be resumed during the current taxable year Where an enrollee's monthly title II
benefit payments other than age special payments sec 405.916 are being suspended for an indefinite period or for a definite period which will not permit collection of all premiums due from monthly benefits payable in the current
fibers
1. The Commissioner proposed that
any food food packaging material drug drug ingredient or drug packaging material containing tale that is not free
from asbestos fibers as determined by a particular analytical method should be deemed adulterated in violation of section 402 of the Federal Food
I Regulations No. 5. The proposed regulation permits beneficiaries whose title II benefits are not payable because of
work or for other reasons to be billed
taxable year the enrollee should pay his premiums by direct remittance when he is billed The first billing will be for
whatever premiums are necessary to
Drug and Cosmetic Act Nineteen comments related to the pro-
posed analytical method for talc under 121.2006 21 CFR 121.2006 The com-
quarterly for supplementary medical insurance SMI premiums but not neces-
sarily as is provided under present regulations on a calendar basis Interested persons were given 30 days within which to submit written com-
place him in a quarterly cycle Thereafter assuming such premiums are promptly paid the enrollee will be billed on a quarterly basis for 3 months premiums see 405.913 If the enrollee
however wishes to pay premiums for
ments were primarily from representatives of food drug and talc mining firms
but also included four consultant laboratories and two other federal agencies Although it is apparent that most of these respondents did not actually use the de-
ments or suggestions thereon The proposed regulation revises section
405.912 to permit the Social Security Administration at its option to bill monthly title II beneficiaries other than those receiving age special payments who are in suspense status for any 3 month quarter instead of restricting such billings to a calendar quarter basis
A suggestion was received but not adopted that would allow individuals to be billed annually or semiannually if they so desired This is not within the scope of the proposed amendment which
only conforms the SMI premium billing and collection procedures for beneficiary
enrollees with those for nonbeneficiary
enrollees Moreover experience has shown that most individuals find it con-
venient to be billed for premiums on a
quarterly basis In any event the regulation expressly provides and will continue to provide that any enrollee may pay more than 1 quarter's premiums at a
time if he so chooses of course if his
more than 1 quarter at a time he may
do so
FR Doc.75-6763 Filed 3-13-75 am
Title Food and Drugs
CHAPTER FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH EDUCATION AND WELFARE
SUBCHAPTER DRUGS
PART DRUGS CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURE PROCESSING PACKING OR HOLDING
Asbestos Particles in Drugs for Parenteral Injection
The Commissioner of Food and Drugs published in the FEDERAL REGISTER of September 28 1973 38 FR 27076 a notice proposing to restrict the utilization of asbestos filters in the manufacture of parenteral drugs and parenteral drug ingredients and to prohibit the use of containing tale
signated method and were therefore reflecting their general experience with optical crystallography or a personal preference for other analytical methods none of the respondents supported the
proposed method for compliance purposes The predominant objections to the
proposed method were that it is difficult
to use laborious and not practical for its intended purpose Several comments offered the opinion that only the most highly trained microscopists would be capable of using the method with any reasonable accuracy or precision Mem-
bers of one trade association collabora-
tively studied the method with 10 microscopists each examining seven samples of talc Four participants admittedly could not use the method to count the
samples and there was obvious inconsistency in the results reported by other
microscopists A number of alternative methods for
determining asbestos particles in talc
were suggested by the respondents Al-
premium for a quarter has been paid he will not be billed for that quarter
Accordingly the proposed amendment is adopted without change as set forth
below
Secs 1102 1840 1871 Social Security Act
as amended 49 Stat 647 as amended 79 Stat 307 331 as amended 42 U.S.C. 1302
1395s 1395hh)
Effective date These amendments will be effective on or before April 14 1975
as a food or food or drug ingredient or in food and drug packaging materials within certain analytical restrictions The notice provided for the filing of comments within 90 days
Asbestos fibers are known to cause cancer when inhaled in large amounts Also asbestos and other fibers are considered likely to have a similar adverse
effect if present in parenteral drugs although this has not been proven Because of this likelihood this order pro-
though optical microscopy using dispersion staining was the most frequently suggested method others suggested ray diffraction spectrophotometry and seyeral electron microscopy and microprobe
techniques as preferred or supportive analytical methods Many of the respondents additionally expressed their willingness to join a Food and Drug Administration analytical task force to
evaluate applicable methodology Although the Commissioner cannot
Catalog of Federal Domestic Assistance Program No. 13.801 Health Insurance for the Aged and Supplementary Medical
vides that whenever possible asbestoscontaining or other releasing filters not be used in the manufacture proc-
agree that the designated optical crystallographic method is unreliable when used by those experienced in the
Insurance
essing or packaging of drugs intended art he recognizes that an effective com-
Dated February 24 1975 B. CARDWell
for parenteral injection in humans Also it provides for measures to reduce the amount of fibers present in such prod-
pliance method must have greater utility and acceptance than indicated by the comments on the proposed method
Commissioner of Social Security
ucts where it is not possible to elimi-
The Commissioner has therefore
Approved March 10 1975
nate these filters in the production of a drug
decided to delay any final regulation for tale until an acceptable method for deter
fi
CASPAR W. WEINBERGER
ne
The comments made in response to the mining the presence of asbestos particles
Secretary of Health Education
en
and Welfare
.
September 28 1973 proposal fall into two can be developed for this substance This
gg
ins
ammem
etree
FEDERAL REGISTER VOL 40 NO FRIDAY MARCH 14 1975
a
RULES AND REGULATIONS
11866
for talc used in the manu-
man's
overall exposure small The
by these comment
sub-
con-
area of rescarch currently is being acby the Food and Drug
requirements
in
facture of paper and paperboard
121.101 h 21 CFR 121.101 h ) All of
stances are tended that evidence is lacking to show
of small amounts of
tively pursued Administration
these comments contended that asbestos
that the ingestion
and that the responsibil-
2. Several comments objected to the in containing talc does not mi- asbestos is safe and Drug Administra-
purity limitattihoensprfoorpotsaelcd wmheitchhowderMeaensyby talc
grate to packaged food when talc is used for this purpose One of these comments
itics of the Food
tion for promulgation of regulations to
total human exposure to as-
tablished thought that requirements that
contained results of recently conducted lessen the not mitigated by the fact that
amphibole be 99.9 percent
and 99.99
unreasonable
studies which were intended to prove this contention
bestos were
to asbestos cannot
all human exposure
by the agency
percent chrysotile
while others insisted that any limitation
After a thorough review of submitted be regulated
agrees that uniform
unreasonable unless it could be de-
was
known hazard
comments and examination and evaluadditional requested studies the
ThecoCnosmimsitsenstionreergulations should be
and
industry basis In
monstrated to reflect levels by ingestion While one respondent
ation of
concludes that this com- adopted on an
lack of available re-
calculated that 20,000 amphibole and
producible micrometers
Cmoemnmtishsaisondeermonstrated the validity of in a manner consistent
this instance the methodology for determining beverages and
3,500 chrysotile fibers of 5 size should be permit-
this contention
In the con- asbestos fibers in
to pro-
x 1.7bmefiocrreomaentyertsalc sample exceeded the
with available methodology ducted studies the comment has dem-
other foods led the Commissioner the regulation of talc before han-
ted respondent
established limits another
onstrated that dry packaged and shipped
pose other related matters In any event
observed that individual asbestos par-
in size a million
salt contains less than 0.01 part per bilasbestos when in direct and continu-
dling
has now become moot since
the comment
has decided to delay
ticles often vary
thus making it difficult to relate particle
asbestos con-
lion
contact with uncoated paper con-
ous
to 6 percent tremolitic asbes-
the Commissioner
direct food or
a final ruling on talc as a
counts to the percentage of
in talc
.
taining up
detection was limited by drug ingredient
also concludes that
tamination the decision of the Com- tos Although
recovered from other
The Commissioner data on the addi-
nonparenteral Although
any final regulation on the bulk of ash
wrapped and fro- neither the available
missioner to delay these comments moot
products such as fresh
macaroni dried
tion of fibers to foods and
nor the
talc has rendered
the Commissioner wishes to respond to
position on
zen meat dry packaged
milk rice and corn flakes the comment
that these prod-
drugs by use of asbestos filters
the asbestos content of municipal
data on
to permit
these comments to clarify his
has also demonstrated
bil- water are sufficiently reliable
at
posssible future talc regulations As indicated in the proposal the Com-
evidence
ucts contain less than 10 parts per lion asbestos under test and market con-
of these
of regulatory controls
promulgation
indicates a wide vari-
this time Evidence
in
missioner recognizes that the
the possible hazard from in-
ditions studies
The analytical details
are on file with the
Hearing
ation of asbestos fiber tchoentcaimtiiensatoifonthe wa.er supply of
concerning
is contra-
gestion of asbestos particleTshe method
inconclusive
Clerk Food and Drug Administration
5600 Fishers Lane Rockville
the United
States with some reports that of the San Francisco CA
dictotryheraenfodre not proposed in order to Rm 4-65
the waters
MN areas are among
was
known hazard from asbes- MD 20852
concludes that the and the Duluth
content How-
indicate any intended to establish a good
The Commissioner study represents a the highest in asbestos of test meth-
tos but was
practice limitation for
above reported salt limit of migration of as-
ever the lack of consistency leads to ques-
manufactoufritanlgc in food and drugs until practical uppcerontact paper and pa- ods and their applitchaetsieonsdata A recent
tahne aussseessment of the hazard if any of
epidemiological determined
bestos froTmhis conclusion is based upon abrasive
perboard
of the extreme
tions
concerningstudy of cancer mortal-
the last 14 years Ref
ingested asbestos can be limitation accompanying
consideration
compared to other dry ity in Duluth over that up to this time
The particlemethod represents the best
municipal the proposed
and Drug Admin-
fnoatoudrseaonfdstalhte ausnusually high tremolitic the test paper 6 per-
2
has concluded effect could be demon-
no carcinogenic
of the
assessment by the Food
istration of the probability of occurrence
asbestos content of
levels of
cent as compared to reported
strated from ingestion
been received
waters Some reports have
contact of such particles in natural talc deposits use 0.02-0.4 percent in
claiming little or no asbestos addition
the ability of the method to detect such
and paperboard
to the aforementioned products by the
and the need to assign a limit paTpehre Commissioner therefore concludes
of filters Ref 3 Other reports
demonstrated ptaortdiecfliense the absence of asbestos The has also
that
that the commceonnttehnatsof talc used in the
use
from
Canada which indicate some inin the asbestos content of bever-
Food and Drug Administration tale samples of un-
the asbestos
of food- or contact
creases
4 and 5 over background
examined
numerous in the
past
2
years
using
defined grade
and finds that
manufacture
does not represent
paper and papceornbtoaamridnant of packaged
awgaetserRsehf ow that the final levels are com-
the background levels in areas
the proposed methodology thirds of such sam-
a potential
as assessed by currently parable to
States Therefore the Com-
approximately within these limitations The
food or drugs
Accordingly the
methodology
of the United has decided to delay the pro-
ples are
therefore concludes that available
is withdrawing the analyt- missioner of any regulation on the pro-
Commpirsospioosneedrparticle limitations would
Commissioner
for talc in
ical limitations proposed
mhiubligtaitoinoonf use of asbestos filters for the
the
burden on
unless new methodology or
of foods and nonparenteral
unreasonable not impose an
of talc if these limitations
121.101 assessment requires further
preparautnitoinl more reliable data can be
toxicological manufacturers
adopted
of this question
drugs
on the background concentra-
are ultimately
Administration
evaluation
stated in the pro-
Commissioner
obtained asbestos in drinking water and
The Food and Drug the possible extreme
4. Thtehat it had been decided not to tions of of asbestos filters in regard to
has been aware of
posal particle size that
a proposed regulation gov-
the role addition of
fibers
to ingestible
variation in asbestos
of talc promulgate
of asbestos filters the
may
occur
in natural deposits particles less than 5 microm-
to
erning the utilization in the processing of food and beverages
that this was in-
pro5.duMcatn s y comments endorsed or conparts of them
Eliminating
eters long or with less than a
nar-
One comment stated Commissioner's pro-
demned the proposals or
food and beverage
length ratio considerably
consistent with the
asbestos content with respect to water
most of these
rows the range of permissmibeltehopadrtiCcolne-s
the proposed
that
posg edrra egudlaetiotnalocn atnhde that attempts to
of
should apply
ccoonmtmaemnitnsatdiiodnnoAtltshuopupglhy any additional
current asbestos
csioduenrtiendg tbhye variation in particle size
limit asbestos ingestion
data or information a Davis Ref 6
Commissioner's may yet be possiblemihcorwoemveetrers wtyepiigcha-l
uniformly to all sources stated that the
Another
com-
feeding study by J. M. G. and a 1967 study by G. M.
Bonser
and fur-
particle of 300 cubic
Ref 1
1 nanogram
ment
the use of as- D. B. Clayton Ref 7 were cited as
ing approximately a purity of talc at decision not to regulate
evidence of no harm from ingested
was used to assure of amphibole types bestos filters in food beverage and non- ther
Other comments cited the 1972
least 99.9 percent free
was based asbestos
fibers and at least 99.99 per-
parenteral of asbestos
asbestos fibers
drug preparations
notion that the amounts the unproven
conclusion
of the Advisory Committee Cancers Ref 8 that there
cent free of chrysotile
on
comments from industrial
which are contributed to on Asbestos
fir3.ms Tohbrjeeected to the proposed analytical of asbesots
NO FRIDAY MARCH 14 1975 FEDERAL REGISTER VOL 40
RULES AND REGULATIONS
11867
of asbestos fibers are
months of the date of publication of this will be required to submit
was no evidence of an increased risk of jection potential
regulation
from asbestos fibers in water as follows
stated that monthly progress reports thereafter con-
cancer
and food or in fluids used for
1. A number of comments
that cerning attempts to implement the re-
beverages
the administration of drugs and one Klein-
there is no conclusive evidence asbestos filters add fibers to the filtrate
quired procedures and any difficulties in maintenance of product quality
comment cited a recent study by feld Messite and Zaki Ref 9
which
or that asbestos has caused deleterious
effects as a result of parenterally admin-
3. A large number of comments stated would
reports no increase of gastrointestinal
that many parenteral products
and peritoneal cancer among talc istered drugs
found in number suffer in safety and quality because of a
workers exposed to talc dusts for a mini-
Asbestos fibers were
of samples of parenteral drugs by Nichol-
requirement to replace containing filters in the manufacturing process
mum of 15 years
of the foregoing com-
son et al Ref 10 and also by a sub-
The Commissioner agrees that it is es-
From analysis
parenterals ments received concerning the limita-
sequent Food and Drug Administration
investigation of
Although
sential that there be no increase in risk result of this action
tion of asbestos in talc from thorough avail-
the Food and Drug Administration has
to the public as a
for continued use
review of the scientific evidence concerning the adequacy of
the
demonstrated that filtration through as-
of water sample highly contami-
The regulation provides of asbestos filters where no alternative
able available methodology to determine the
bestos
a
with asbestos fibers can signifi-
is feasible The responsibility for demon-
amount of asbestos in talc and from nated
the number of fibers pres- strating that the replacement of asbestos
consideration of the controversial nature cantly reduce
Administration filters or the utilization of a final non-
releasing containing of evidence to demonstrate the hazard _ ent the Food and Drug
the utill-
to health presented by ingestion of the
also has direct evidence that zation of asbestos filters can
cause
as-
filter decreases product quality and effecof safety remains that of the
amounts of asbestos fibers normally to bestos contamination The preliminary tiveness
be expected in talc used in food or drugs
latter study is on public manufacturer Evidence for such product
in food or drug packaging materials report of the
alteration must be submitted to the ap-
or
containing talc or in beverages other
display in the office of the Hearing Clerk
of
propriate bureau of the Food and Drug
foods and nonparenteral drugs prepared
The evidence of the deleterious effects
parenteral asbestos administration Ref
Administration for approval of the conof the unmodified asbestos
with the use of asbestos filters the Com- 1 11 12 and 13 requires that the tinued use
missioner concludes that the promulgation of regulations on the limitations or
amount of contamination in these prod-
the
filtration processes 4. One comment objected to the utili-
of the use of asbestos filters ucts be minimized Consequently
zation of the terms membrane filter
prohibition for the preparation of foods and non-
Commissioner has determined that it is fil-
and releasing filter stating
drugs and of the amount of important that containing
that the former term was too limiting
releasing parenteral
in talc for use in food and ters be replaced with
recommendation for a replacement
asbestos fibers drugs or which might migrate into food
filters unless it is demonstrated that it is not possible to manufacture a safe and
as a
of filters which may release asbestos
and that the latter phrase should
or drugs from containing packaging effective parenteral drug or parenteral fibers or
materials is unwarranted until more
without the use of such be changed to containing
reliable data can be obtained concerning drug ingredient
filter In the lat- migration filter This
these matters
an containing
comment claimed that the term non-
releasing The Food and Drug Administration in ter instance a final
content releasing should be replaced since
conjunction with other agencies is plan-
filter shall be used to reduce the in the drug
small quantities of the fibrous support
ning extensive experiments to determine of any asbestos particles asbestos- used in many cellulose membrano
if long term exposure to ingested asbestos or drug ingredient Use of an
of filters as well as fibers and particles
fibers represents a definitive hazard to containing filter with subsequent use
from the manufacturing process for
containing human health As noted until this study an additional
cartridge and other type filters are re-
is completed or other data become avail-
releasing filter shall be permis-
to
leased by cleaning and flushing prior to
able the Commissioner has determined
sible only upon submission of evidence the appropriate bureau of the Food and
marketing of the product Another comment stated that the proposed regula-
that a prohibition of the use of asbestosfilters in the processing of
Drug Administration that substitution
did not contain a definition of a
containing
and of asbestos- for the asbestos filter of a fiber tions
filter Comments also
food and beverages food
food additive leasing filter will or is likely to compro-
releasing should not use the
containing tale as a
or
mise the safety or effectiveness of the stated that $ 133.8
or in drugs or drug ingredients is unwarto lack of sufficient data In
drug Use of an containing fil-
of an addi-
terms releasing and asbestos-
containing interchangeably and one
ranted due the interim maufacturers of food and
ter without subsequent use
comment objected to the synonomous
drugs are urged to investigate all means
tional containing nonreleasing filter shall be permissible
use of the terms fiber and asbestos
of eliminating the use of such filters and the Food and Drug
only upon submission of evidence that
fiber
that the reg-
talc and to keep Administration informed about changes
neither the substitution for the asbestosfilter nor the use of a sub-
The Commissioner agrees ulation should not specify only one type
in formulation and processing of this containing
filter can be of filter which would satisfy the new re-
type
sequent releasing accomplished without compromising the
quirements and thus has deleted the
membrane filter The Commis-
B. In order to deal with the injection
of asbestos fibers the Com-
safety or effectiveness of the drug
term
concludes that for the pur-
potential
2. One comment noted that although sioner also
missioner proposed that the good manu- there have been several demonstrations poses of these regulations a fiber-
facturing practice regulations for drugs of the addition of nonasbestos filters as releasing filter shall be defined as a non-
be amended to require that filtration pro- final filters in the production of injecta- asbestos nonglass fiber filter which
cedures for parenteral drugs shall utilize filter such
ble biologics there remains concern that filters with
after any appropriate pretreatment such
as washing or flushing will not continue
either a releasing as a membrane filter or if an asbestos-
the replacement of asbestos
to release fibers into the drug or drug
containing filter is used because it is containing filters would up-
which is to be filtered The
necessary
the procedures shall also
set delicate filtration parameters of the preparation process An 18-
ingredient distinction is therefore made between
media mi-
utilize an additional asbestos product
the allow- filters which release fibers by
filter such month period was suggested as
to
taining or releasing as a membrane filter to reduce asbestos
able period of time for technical develop-
gration i.e. continuous release due the nature of the filter and filters which
fiber content to the minimum level fea- ment of the new processes that a spe- contain fibers from structural supports
sible unless such a subsequent filter will
The Commissioner agrees
and
The utilization of
compromise the
quality
safety identity
or purity of the
cific period for process development modification should be provided in the
months will be
and contamination
nonasbestos nonglass fiber filters in the
strength
regulations Therefore 18
latter category will be permitted pro-
product
pretreatment Comments received in response to this
allowed for compliance Firms not conforming to these regulations within 12
vided that appropriate
part of the notice dealing with the in-
ry
FEDERAL REGISTER VOL 40 NO FRIDAY MARCH 14 1975
RULES AND REGULATIONS
which climinates fiber contaminant release has been accomplished As the similarity between the carcinogenicities of asbestos and fibrous glass has been noted fibrous glass filters have been added to this definition to prevent the widespread conversion from asbestos to this type of filter Ref 14 and 15 A fiber is defined as any particle with length at least three times greater than its width Ref 15 and 16
The Commissioner realizes that the
definition of a releasing filter excludes the possibility of the use of an asbestos or fibrous glass filter locked into a matrix which precludes the release of fibers However no such technology was presented as feasible by any of the comments Therefore the Commissioner
concludes that the definition of a fiber-
releasing filter is appropriate for this regulation and that should a method for production of such a releasing asbestos or glass containing filter become available the definition will be subject to
review
5. One comment suggested that the proposed requirement that no asbestoscontaining filter may be used unless it is not possible to manufacture a drug without the use of such a filter be replaced by when an containing filter is utilized a suitable filter must also be utilized to retain fibers
The Commissioner concludes that such
a change would be unacceptable since the purpose of these regulations is to minimize the amount of asbestos or asbestos fibers in parenteral drugs thereby minimizing the possibility of deleterious effects and although an afterfilter will substantially reduce the number of these fibers in the product it cannot be assumed that it will remove all of this material Hence the Commissioner has determined that the best means to eliminate asbestos contamination from parenteral drugs is by removal of the asbestos filters from the process whenever possible As stated in paragraph B.3 of this preamble the Commissioner agrees that there must be no increase in risk to the public from any product the manufacturing process of which is required to be changed However he reiterates that the use of an asbestos filter will be permissible only upon a demonstration by the manufacturer that the replacement of an asbestos filter by a releasing filter or the utilization of a final or filter is fiberreleasing adversely affects the quality safety and effectiveness of the product
6. One comment objected to the statement in the proposal that the use of asbestos filters in parenteral drug manufacturing is prohibited unless it is not possible to manufacture that drug or drug ingredient without the use of such a filter claiming that the lack of a more specific statement will lead to capricious regulatory decisions
The Commissioner concludes that there is no more reasonable method by which to make a determination of the impossibility of achieving the desired product quality and effectiveness without the use of containing filters
than by individual evaluation by knowledgeable scientists No automatic decision scheme was suggested in the comment Therefore the responsibility for submission of the evidence required for this determination will rest with the manufacturer and the responsibility for accepting or rejecting the request for use of containing filters will rest with the appropriate bureau in the Food and Drug Administration
7. Two comments objected to the fact that the regulations were limited to the release of asbestos and asbestos
fibers and suggested that all extraneous
material such as diatomaceous earth carbon silica fiberglass etc. also be regulated
The Commissioner agrees that there is reason to be concerned about all particulate contamination in parenteral drugs but concludes that this problem should be considered separately from the subject regulations Therefore except for fibrous particulates the Commissioner has decided to await clarification of the degree of other types of contamination and the possible health effects of such other particulates prior to developing applicable regulations A call for scientific information in this regard will be published in the FEDERAL REGISTER in the future
8. One comment objected to the requirement of proof of reduction of asbestos fibers by the use of subsequent noncontaining filters in the manufacture of a parenteral drug or drug ingredient when submitting a request for approval of a process in which asbestos filters are used This and one other comment claimed that the National Institute for Occupational Safety and Health NIOSH analytical method as well as other analytical methods for determination of asbestos fibers in parenteral drugs is inadequate quantitatively to demonstrate reduction and is immensely difficult to perform
The Food and Drug Administration and other government agencies are presently attempting to develop reproducible practical and useful methodologies for these analyses and amendments to these regulations will be promulgated upon the satisfactory completion of this research The Commissioner has decided that until these studies are completed the evidence for reduction of asbestos fiber content need not be obtained if adequate downstream filtration is accomplished Thus the requirement of proof of reduction of asbestos fiber content is omitted and the use of a nonreleasing filter of 0.22 micron maximum pore size is added to this regulation 0.45 micron maximum if the manufacturing conditions so dictate
9. One comment claimed that it is
inappropriate to control all types of asbestos fibers uniformly as asbestos filters are composed primarily of chrysotile which is less hazardous to human health than amphiboles
The Commissioner concludes that this
differential in hazard has not been es-
tablished for parenterally administered
asbestos Studies by Reeves et al Ref
17 have demonstrated mesotheliomas in
rats and rabbits from pleural and peritoneal injections of both chrysotile and crocidolite fibers Further studies have been initiated by the Food and Drug Ad-
ministration on the effects of parenteral
injections of chrysotile fibers in experimental animals
10. One comment indicated that in the study of parenteral administration of asbestos to animals by Schmahl Ref 11 the tumors that occurred were not
related to asbestos since they were sarcomas rather than mesotheliomas
Although mesotheliomas are closely related to inhalation of asbestos there also has been an association of carci-
noma of the lung with asbestos inhalation As with other carcinogens several types of tumors may occur as a result of
exposure to a particular carcinogen depending upon the route of exposure The
Commissioner therefore concludes that
the data in this reference are valid and
may possibly implicate asbestos in the
development of these malignant tumors of soft tissues namely sarcomas
11. One commenter presented data demonstrating that membrane filtration was capable of removal of all asbestos particles from his asbestos product beer as measured by electron mi-
croscopy However even though the container for this product was subjected to a final rinse by municipal water the
packaged product contained a significant number of asbestos fibers Similarly the Food and Drug Administration has found
asbestos particles in parenteral drugs produced by manufacturers who do not use asbestos filters in their processes
These indications of substantial con-
tamination of the product from typical liquid containers have led the Commissioner to conclude that cleansing and
rinse water for the containers for paren-
teral drugs shall be filtered through nonreleasing filters equivalent to those required for asbestos filtration to remove inherent fiber contamination
12. The Environmental Impact Analysis Report EIAR and other relevant materials have been reviewed and it has
been determined that the proposed use will not have a significant environmental impact Copies of the EIAR are available in the office of the Assistant Commis-
sioner for Public Affairs Rm 15B or
the office of the Hearing Clerk Rm 4
65
Food and Drug Administration Fishers Lane Rockville MD 20852
5600
The indications to references set forth
in the preamble are to the following which are on display in the office of the
Hearing Clerk
1. Parenteral Preparations Pyrogens in Remington's Pharmaceutical Sciences 14th ed Chapter 82 p 1542 1970
2. Mason T. J. F W. McKay and R. W. Miller Asbestos Fibers in Duluth
Water Supply Relation to Cancer Mortality
Journal of the American Medical Associa-
tion 1020 May 20 1974
3. Comment from Asbestos Research Coun-
cil March , 1974
4. Cunningham H. M. and R. Pontefract
a Asbestos Fibers in Beverages and Drinking Water Nature 332-333 1971
FEDERAL REGISTER VOL 40 NO FRIDAY MARCH 14 1975
RULES AND REGULATIONS
11869
b Symposium on Industrial Chemicals as Food Contaminants Journal of the Association of Official Analytical Chemists 56 976-981 1973
products unless it is not possible to manufacture that drug product or component
without the use of such a filter Filtra-
5. Pontefract R. and H. M. Cunningham tion as needed shall be through a non-
Penetration of Asbestos through the Diges- releasing filter For the purposes
tive Tract of Rats Nature 352
353of this regulation a releasing
1973
filter is defined as a nonasbestos non-
6. Davis J. M. G. Institute of Occupational Medicine Edinburgh Scotland unpublished report
7. Bonser G. M. and D. B. Clayton Feeding of Blue Asbestos to Rats 1967 Annual Report British Empire Cancer Campaign for Research p 242
8. Report of the Advisory Committee on
glass fiber filter which after any appropriate pretreatment such as washing or flushing will not continue to release fibers into the drug product or component which is being filtered A fiber is defined as any particle with length at least three times greater than its width
Asbestos Cancers to the Director of the In-
2 If use of a releasing filter is
ternational Agency for Research on Cancer British Journal of Industrial Medicine 180-186 1973
9. Kleinfeld M. J. Messite and M. II Zaki Mortality Experiences Among Talc Workers A Follow Study Journal of Occupational Medicine 345-349 1974
10. Nicholson W H. C. J. Maggiare and
required an additional releasing filter of maximum pore size of 0.22 microns 0.45 microns if the manufacturing conditions so dictate shall subsequently be used to reduce the content of any asbestos particles in the drug product or component Use of an
I. J. Selikoff Asbestos Contamination of containing filter with or with-
Parenteral 1972
Drugs
Science
171-173
11. Schmahl D. Carcerogene Wirking von
Asbest bel Implantation von Ratten Zeit schrift fur Krebsforschung 561-567 1958
out subsequent use of a specific nonreleasing filter is permissible only upon submission of proof to the apprapriate bureau of the Food and Drug Administration that use of a fiber
12. Roe H. R. L. Carter M. A. Walters leasing filter will or is likely to
and J. S. Harrington The Pathological effects of Subcutaneous Injections of Asbestos
compromise the safety or electiveness of
the drug
Fibers in Mice Migration of Fibers to Sub-
mesothelial Tissues and Induction of Meso-
theliomas International Journal of Can-
cer 628-638 1967
13. Kanazawa K. S.
Birbeck R. L.
Carter and F. J. C. Roe Migration of As-
bestos Fibers from Subcutaneous Injection
Sites in Mice British Journal of Cancer
96
1016 970
14. Symposium on Occupational Exposure to Fibrous Glass sponsored by National Institute for Occupational Safety and Health University of Maryland June 26-27 1974
15. Stanton Mearl F. Fiber Carcinogenesis Is Asbestos the Only Hazard Journal of the National Cancer Institute 633
1974
3 Substitution for a releasing filter shall be achieved on or before September 14 1976. If such substitution is not achieved on or before March 14 1976 the manufacturer of the drug product for parenteral injection who requires
the additional 6 months to develop new manufacturing procedures so as to utilize releasing filters in place of releasing filters shall submit
monthly reports to the appropriate bureau of the Food and Drug Administration indicating progress in substituting the new filters Such a substitution shall
be shown to have been effected without
16. Occupational Exposure to Asbestos loss of the safety or effectiveness of the
Criteria document U.S. Public Health Serv-
ice National Institute for Occupational Safety and Health Chapter VIII pg 6. 1972
17. Reeves A. J. H E. Puro R. G. Smith
drug
2. By revising $ 133.9 to read as follows
and A. J. Vorwald Experimental Asbestos Carcinogenesis Environmental Research 496-511 1971
133.9 Product
components
containers
and
their
Therefore pursuant to provisions of the Federal Food Drug and Cosmetic Act secs 501 502 701 52 Stat 10491051 1055-1056 as amended 21 U.S.C. 351 352 371 and under the authority delegated to the Commissioner 21 CFR 2.120 Part 133 is amended as follows
1. By amending 133.8 by adding new paragraph j to read as follows
133.8 Production and control proce-
dures
+
*
*
*
*
j Use of containing or other releasing filters 1 Filters used in the manufacture processing or packaging of components of drug products for parenteral injection in humans shall not release fibers into such products No
Suitable specifications test methods cleaning procedures and when indicated sterilization procedures shall be used to assure that containers closures and other component parts of drug packages are suitable for their intended use Containers for parenteral drugs drug products or drug components shall be cleansed with water which has been filtered through a releasing filter equivalent to that indicated in 133.8 2 Product containers and their components shall not be reactive additive or absorptive so as to alter the safety identity strength quality or purity of the drug or its components beyond the official or established requirements and shall provide adequate protection against
external factors that can cause deterio-
containing or other fiber ration or contamination of the drug
leasing filter may be used in the manufacture processing or packaging of such
Effective date This fective April 14 1975
order
shall
ef-
Secs 501 502 701 52 Stat 1049-1051 10651056 as amended 21 U.S.C. 351 352 371
Dated February 28 1975
A. M. SCHMIDT
*
Commissioner of Food and Drugs
FR Doc.75-6733 Filed 3-13-75 am
Recodification Docket No. 6
SUBCHAPTER DRUGS FOR HUMAN
USE
PART TESTS AND METHODS OF ASSAY OF ANTIBIOTIC AND ANTIBICONTAINING DRUGS
Reorganization and Republication
Correction
In FR Doc 74 12338appearing at page 18921 in the FEDERAL REGISTER Of May 30 1974 the heading for 436.206 appearing on page 18959 is corrected to read " 436.206 Test for metal particles in ophthalmic ointments
Dated March 11 1975
SAM D. FINE Associate Commissioner
for Compliance
FR Doc.75-6853 Filed 3-13-75 45 am
PART OLIGOSACCHARIDE ANTIBIOTIC DRUGS
PART TETRACYCLINE ANTIBIOTIC DRUGS
Otic and Ophthalmic Preparations
The Commissioner of Food and Drugs is amending Parts 444 and 446 to delete two sections that refer to drugs no longer being certified to delete a section that has been superseded and to amend a section to provide for a test method
The final order for DESI 8583 et al published in the FEDERAL REGISTER of September 19 1974 39 FR 33665 revoked the provisions for otic use from 444.342g and 446.367c In addition it amended 446.367e by separating it into two sections 446.367e for the ophthalmic dosage form and new 446.467d for the otic dosage form However the document failed to account for sections describing products for both eye and ear use that appear twice in the regulations as recodified May 30 1974 39 FR 18922 in the subpart for ophthalmic dosage forms and in the subpart for otic dosage forms As a result Part 444 now contains 444.442e that refers to drug products that are no longer being certified Part 446 contains $ 446.467c that refers to drug products no longer being certified and 446.467b that has been superseded by a new section Therefore these three sections should be revoked
In addition the amendment to 446.367e in the order of September 19 1974 inadvertently omitted the test method for sterility It is provided for below
Therefore pursuant to provisions of the Federal Food Drug and Cosmetic Act secs 502 507 52 Stat 1050-1051 as amended 59 Stat 463 as amended 21 U.S.C. 352 357 and under authority
delegated to the Commissioner 21 CFR
FEDERAL REGISTER VOL 40 NO FRIDAY MARCH 14 1975