Microcapsules may be safely used for encapsulating discrete particles of flavoring substances that are generally recognized as safe for their intended use or are regulated under this part, in accordance with the following conditions:

1. (a) The microcapsules may be formulated from the following components, each used in the minimum quantity required to accomplish the intended effect:

   1. (1) Substances generally recognized as safe for the purpose.

   2. (2) One or more of the following components:

      component and limitations Succinylated gelatin—Not to exceed 15 percent by combined weight of the microcapsule and flavoring oil. Succinic acid content of the gelatin is 4.5 to 5.5 percent. Arabinogalactan—Complying with § 172.610; as adjuvant. Silicon dioxide—Complying with § 172.480; as adjuvant.

   3. (3) In lieu of the components listed in paragraph (a)(2) of this section, the following components:

      component and limitations Glutaraldehyde—As cross-linking agent for insolubilizing a coacervate of gum arabic and gelatin. n-Octyl alcohol—As a defoamer.

   4. (4) In lieu of the components listed in paragraphs (a)(2) and (3) of this section, the following component:

      component and limitations Petroleum wax—Complying with § 172.886. Not to exceed 50 percent by combined weight of the microcapsule and spice-flavoring substance.

2. (b) The microcapsules produced from the components listed in paragraphs (a)(1), (2), and (3) of this section may be used for encapsulating authorized flavoring oils for use, in accordance with good manufacturing practice, in foods for which standards of identity established under section 401 of the Act do not preclude such use, except that microcapsules formulated from components listed in paragraph (a)(2) of this section may be used only for encapsulating lemon oil, distilled lime oil, orange oil, peppermint oil, and spearmint oil for use in dry mixes for puddings and gelatin desserts.
3. (c) The microcapsules produced from the components listed in paragraphs (a)(1) and (4) of this section may be used only for encapsulating authorized spice-flavoring substances for use, in accordance with good manufacturing practice, in frozen pizzas which are to be further processed by heat. Such pizzas shall bear labels or labeling including adequate directions for use to ensure heating to temperatures which will melt the wax to release the spice-flavoring substances.

[45 FR 48123, July 18, 1980]