3407.1 Drying agents used in conjunction with sanitization shall contain only components that are listed as one (1) of the following:

(a) Generally recognized as safe for use in food as specified in 21 C.F.R. part 182 – Substances Generally Recognized as Safe or 21 C.F.R. part 184 – Direct Food Substances Affirmed as Generally Recognized as Safe;P

(b) Generally recognized as safe for the intended use as specified in 21 C.F.R. part 186 – Indirect Food Substances Affirmed as Generally Recognized as Safe;P

(c) Approved for use as a drying agent under a prior sanction specified in 21 C.F.R. part 181 – Prior-Sanctioned Food Ingredients;P

(d) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 C.F.R. parts 175 through 178;P or

(e) Approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. § 170.39 – Threshold of regulation for substances used in food-contact articles.P

3407.2 When sanitization is used with chemicals, the approval required in §§ 3407.1(c) or (e) or the regulation as an indirect food additive required in Subsection 3407.1(d) shall be specifically for use with chemical sanitizing solutions.P

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).