OSHA Withdraws Rulemaking Action on Diacetyl

The Occupational Safety and Health Administration (OSHA) has withdrawn its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl so that a Small Business Advocacy Review Panel can promptly convene to study the effect such a rule would have on small businesses.

According to OSHA’s notice, materials submitted before the ANPRM’s withdrawal as well as any other information submitted directly to OSHA after the withdrawal, will be placed in the public rulemaking docket and receive equal consideration as a part of the rulemaking record. Several other opportunities for stakeholders to provide information and comment during the rulemaking process will also be available. Diacetyl is a chemical used in butter flavoring for popcorn and confectionary products that has been linked to bronchiolitis obliterans, an incurable lung disease purportedly diagnosed in a number of workers at U.S. popcorn-manufacturing plants.

Earlier this year, OSHA sought information and comment on issues related to occupational exposure to diacetyl and food flavorings containing diacetyl, including current employee exposures; the relationship between exposure and the development of adverse health effects; methods to evaluate, monitor and control exposure; and related topics. The agency intends to conduct expert peer reviews and continue site visits at workplaces where exposure to diacetyl and food flavorings containing the chemical may occur to collect information on processes and controls that prevent or minimize employee exposure. See Federal Register, March 17, 2009.