(a) Identity and specifications. The color additive carmine shall conform in identity and specifications to the requirements of §73.100 (a)(2) and (b)(2).

(b) Use and restrictions. Carmine may be safely used in cosmetics generally, including cosmetics intended for use in the area of the eye, in amounts consistent with good manufacturing practices.

(c) Labeling.

(1) The color additive and any mixture prepared therefrom intended solely or in part for coloring purposes shall bear, in addition to any information required by law, labeling in accordance with the provisions of §70.25 of this chapter.

(2) Cosmetics containing carmine that are not subject to the requirements of §701.3 of this chapter shall specifically declare the presence of carmine prominently and conspicuously at least once in the labeling. For example: “Contains carmine as a color additive.”

(d) Exemption from certification. Certification of this color additive is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification pursuant to section 721(c) of the act.

[42 FR 32228, June 24, 1977, as amended at 74 FR 216, Jan. 5, 2009]