OSHA Unified Agenda - [Prerule Stage]

RIN: 1218-AC33

Publication ID: Fall 2009 

Title: Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl 

Abstract: On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products including microwave popcorn, certain bakery goods, and some snack foods. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. Evidence from NIOSH and other sources indicated that employee exposure to diacetyl and food flavorings containing diacetyl is associated with bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants. Experimental evidence has shown that inhalation exposure to artificial butter flavoring vapors and diacetyl damaged tissue lining, the nose, and airways of rats and mice. OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard. The Agency subsequently initiated review of the draft proposed standard in accordance with the Small Business Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report was completed on July 2, 2009. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda

Agenda Stage of Rulemaking: Prerule Stage 

Major: No 

Unfunded Mandates: No 

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Legal Authority: 29 USC 655(b); 29 USC 657 

Legal Deadline:  None

Timetable:

Action	Date	FR Cite
Stakeholder Meeting	10/17/2007	72 FR 54619
ANPRM	01/21/2009	74 FR 3937
ANPRM Withdrawn	03/17/2009	74 FR 11329
ANPRM Comment Period End	04/21/2009
Completed SBREFA Report	07/02/2009
Initiate Peer Review of Health Effects and Risk Assessment	10/00/2010

Regulatory Flexibility Analysis Required: Yes 

Government Levels Affected: None 

Small Entities Affected: Businesses 

Federalism: No 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: Yes 

Agency Contact:
Dorothy Dougherty
Director, Directorate of Standards and Guidance
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone:202 693-1950
Fax:202 693-1678
Email: dougherty.dorothy@dol.gov