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Figure 1. Structure of 9 FD&C colorants feature, known as the "Delany Clause," was also inserted. Briefly, the clause states that no additive shall be added to food "if it is found, after tests which are appropriate for the evaluation of safety of food additives, to induce cancer in man or animals." Unfortunately Congressman Delany did not appreciate the ingenuity of modern chemists to push back the limits of analytical sensitivity. Today, chemists can find almost anything in anything. The clause is clearly unworkable and is currently being replaced by some form of "de minimis," which comes from the term "de minimis curat lex." Freely translated, this means that the law does not concern itself with trifles. Another feature of the 1960 Amendment allowed the secretary of health, education, and welfare to determine which colorants had to be certified and which would be exempt from certification. In view of the expense and time required for adequate testing, some of the colorants had "provisional" listing for a number of years, but this category for straight FD&C colorants has expired at the present time. Because of the expense involved, only commercial colorants of significant economic value were tested, so a number of colorants were delisted by default. Actually this should not be a hardship, because the seven currently allowed colorants (Table 1) should be sufficient in view of the opportunities for blending. Interestingly, Hesse, around 1900, recommended seven colorants for general use in food. Of the seven, only two (FD&C Red No. 3 and FD&C Blue No. 2) remain on the current list of approved colorants. Table 1 shows a list of seven colorants approved for general use, and two approved for restricted use, together with the FD&C name, common name, CI number, year listed, and chemical class. FD&C Blue No. 2 was provisionally listed until final approval in 1987. Similarly, FD&C Yellow No. 6 was finally approved in 1986. Formulae for the nine colorants are shown in Figure 1. The regulatory status of 26 colorants exempt from certification is shown in Table 2.

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