[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-706]


[[Page Unknown]]

[Federal Register: January 12, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

21 CFR Part 109

[Docket No. 89N-0014]
RIN 0905-AC91

 

Requirements for Decorative Ceramicware To Be Deemed not for Food 
Use

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is amending its 
regulations to require that decorative ceramicware bear a conspicuous 
stick-on label on a surface that is clearly visible to consumers and a 
permanent statement on the exterior surface of the base of the 
ceramicware stating that the piece is not for food use, and that it may 
poison food. Alternatively, the regulation provides that a hole may be 
bored through the possible food-contact surface of the piece. This 
final rule is intended to ensure that decorative ceramicware is not 
mistakenly used to hold food.

DATES: Effective July 13, 1994, for all affected products initially 
introduced or initially delivered for introduction into interstate 
commerce on or after this date.

FOR FURTHER INFORMATION CONTACT: Cora E. Weeks, Center for Food Safety 
and Applied Nutrition (HFS-306), Food and Drug Administration, 200 C 
St. SW., Washington, DC 20204, 202-205-4681.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 1, 1989 (54 FR 23485), FDA issued a 
proposed rule: (1) To establish a regulatory limit on the amount of 
lead that may leach from glazes and decorations on the food-contact 
surface of ceramic food service pitchers, excluding creamers; and (2) 
to provide that all decorative or ornamental ceramicware that appears 
to be suitable for food use will be considered to be for food use, and 
will be regulated as such, unless it bears a conspicuous, permanent 
statement molded or fired onto the exterior surface of the base of the 
ceramic piece. The agency proposed to require that this statement say, 
``Not for Food Use--May Poison Food,'' in letters at least 3.2 
millimeters (mm) (0.125 inch (in)) in height, or that a hole be bored 
through the potential food-contact surface to make it unsuitable for 
food use.
    The proposal requested comments on various concerns regarding 
ceramic foodware and on the impact of the proposed requirements on 
decorative ceramicware that resembles foodware and that contains 
leachable lead.
    FDA received requests to extend the comment period on the proposed 
rule from representatives of domestic and foreign ceramicware 
manufacturers, 3suppliers of glazes and decorations containing lead for 
the ceramics industry and related trade associations, the European 
Economic Community, and the Italian Embassy. The requests stated that 
additional time was needed to address the issues raised and to provide 
information solicited by FDA in the proposal. FDA responded in a notice 
published in the Federal Register of September 1, 1989 (54 FR 36324), 
that reopened and extended the comment period until November 30, 1989.
    In the Federal Register of July 6, 1992 (57 FR 29734), the agency 
announced the availability of revised Compliance Policy Guide (CPG) 
7117.07 ``Pottery (Ceramics); Imported and Domestic--Lead 
Contamination.'' This revision lowered the guidelines on lead release 
from all ceramic foodware. This revision was based, among other things, 
on the agency's review of data submitted pursuant to its proposal of 
June 1, 1989 (54 FR 23485), and the agency's concerns about the need to 
reduce human exposure to lead.
    The lead release levels in CPG 7117.07 are guides that the agency 
uses in evaluating ceramic foodware for possible adulteration within 
the meaning of section 402(a)(2)(C) of the Federal Food, Drug, and 
Cosmetic Act (the act) (21 U.S.C. 342(a)(2)(C)). In this final rule, 
the agency is not acting on its proposal regarding a legally binding 
regulatory limit on the amount of lead that may leach from the food-
contact surfaces of ceramic food service pitchers. The agency is 
continuing to review whether the CPG provides adequate protection for 
the public health, which would mean that the agency could withdraw its 
proposal to establish a regulatory limit, or whether further rulemaking 
is necessary.
    This final rule pertains only to ornamental and decorative 
ceramicware. In the June 1, 1989 (54 FR 23485), proposal, the agency 
stated that the then existing policy guidance concerning decorative and 
ornamental ceramicware in CPG 7117.07 was too general and vague, 
subject to misinterpretation, and not sufficient to ensure that 
decorative articles will be distinguishable from food-service articles. 
Therefore, the agency's purpose in adopting this final rule is to 
ensure that such ware, which may leach hazardous amounts of lead into 
food, bear adequate indications to distinguish it from ceramic foodware 
(i.e., ceramicware intended for holding, storing, or serving food). The 
agency has made revisions in the language of Sec. 109.16(a) and (b) (21 
CFR 109.16(a) and (b)) to make clear that this regulation pertains only 
to ornamental and decorative ceramicware and not to any ceramicware 
intended to hold or store food, e.g., ceramic pitchers.
    FDA also notes that the provisions of this final rule are not 
applicable to items such as children's ceramic tea sets. Such items are 
usually small copies of articles intended for food use. They are 
designed for use only by children in play activities that may involve 
eating or drinking foods placed in or on these products (see HHS News, 
April 20, 1993.) Lead in these products could leach into food. Those 
that leach excessive amounts of lead will be subject to regulatory 
action, and such ware may not obtain status as a nonfood item by virtue 
of its bearing any statement that it is not for food use.
    On the effective date of this final rule, all ornamental or 
decorative ceramicware that appears to be suitable for food use upon 
initial introduction or initial delivery for introduction into 
interstate commerce will be considered to be foodware and will be 
evaluated for lead release by the agency as foodware. Ware that meets 
the requirements of this final rule will not be considered to be for 
food use.
    The agency is also providing notice that it is deleting the 
exemption for nonfood service plates from CPG 7117.07. These articles 
will be subject to the provisions of this final rule.

II. Summary of and Response to Comments

A. Summary of Comments

    Seven letters, containing one or more comments, were received in 
response to the proposal on the requirements for decorative ceramicware 
that resembles foodware. The comments were submitted by consumer and 
environmental advocacy organizations, ceramicware manufacturers and 
their suppliers, and individuals.

B. Responses to Comments

    1. Several comments requested that FDA allow more flexibility 
regarding the exact wording of the permanent statement of unsuitability 
for food use and suggested statements for inclusion in the final rule 
as alternatives to the proposed statement. These comments expressed 
concern that the word ``poison'' would alarm potential purchasers and 
could lead them to believe that handling the product is hazardous. The 
following alternative statements were suggested: (a) ``Decorative--Not 
for Food Use. Pigments are Potentially Toxi66c if Ingested,'' (b) ``Not 
for Food Use--Metallic Pigments Fired into Surface are Potentially 
Toxic. For Decorative Purposes Only,'' or (c) ``Warning. Glaze Contains 
Soluble Lead. Not for Food Use.''
    The agency accepts the recommendation to allow for alternative 
statements of unsuitability for food use. FDA agrees that some number 
of alternative statements can convey the same basic concept as the 
proposed statement while providing flexibility in the wording of the 
message. However, to adequately denote that the ceramicware is 
unsuitable for food use, the permanent statement must clearly advise 
the purchaser or potential user that if the article is used to hold 
food, a toxic substance may be added to the food as a result. 
Alternative (c) does not do so. The alternative statements (a) and (b) 
suggested by the comments state that the surface of the ceramic piece 
itself contains a toxic substance, but they do not make clear that if 
the ceramicware is used for food purposes, such use may result in the 
addition of a toxic substance to the food. Therefore, the agency is not 
accepting the statements suggested in the comments as acceptable 
alternatives.
    In Sec. 109.16(b)(1)(i), FDA is providing three alternative 
statements of unsuitability that meet the criterion of informing the 
purchaser that if the article is used for food, a toxic substance may 
be added to the food as a result. The alternative statements are, ``Not 
for Food Use. May Poison Food,'' ``Not for Food Use. Glaze contains 
lead. Food Use May Result in Lead Poisoning,'' and ``Not for Food Use--
Food Consumed from this Vessel May be Harmful.''
    The agency concludes that these three alternative statements of 
unsuitability provide the industry with a choice without providing so 
many different statements as to confuse consumers. Limiting the number 
of variations in the statement is necessary to ensure that consumers 
understand that a consistent message is being presented by the 
statements that they find on decorative ceramicware.
    As an additional matter, the agency believes that statements that 
the ware is intended to be decorative may provide useful information to 
the consumer about the intended use of the ware. Therefore, FDA is 
providing in Sec. 109.16(c)(1) for the use of additional optional 
statements such as ``Decorative'' or ``For Decorative Purposes Only'' 
when such statements are placed after the required statement.
    2. Some comments expressed concern that statements that ornamental 
or de2corative ceramicware is unfit for food use will not protect very 
young, illiterate, or non-English speaking people. One of the comments 
suggested that FDA permit the use of a symbol to designate ceramicware 
that is not suitable for food use. The comments stated that the symbol 
should accompany the statement that the ceramicware is unfit for food 
use. One comment maintained that the symbol is responsive to concerns 
regarding understanding by illiterate persons, non-English speaking 
people, and children. The comment suggested that the following symbol, 
which includes a goblet and a fork, symbols used in the United Kingdom 
to indicate materials and articles that are intended to come into 
contact with food, be enclosed within a circle with a bar running 
diagonally across the design to indicate that food use is prohibited.

TR12JA94.000

    The agency agrees that the symbol may communicate to individuals, 
to whom a written statement may not be readily meaningful, that an 
article is not foodware. However, because the agency does not have any 
information concerning the extent to which the symbol is understood or 
recognized by consumers, it is not requiring use of the symbol but is 
making its use optional in Sec. 109.16(c)(2), as an additional 
cautionary statement to those required in Sec. 109.16(b).
    3. Some comments expressed concern that a statement placed on the 
exterior surface of the base of a piece, in letters that are only 3.2 
mm (0.125 inch) in height, may not be seen by many people. Some 
comments requested that the agency require that the statement be placed 
on the side of the ceramicware, and that the required size of letters 
in the statement be related to the size of the ceramicware on which it 
is placed.
    FDA agrees that a statement on the side of a piece is more 
conspicuous than one placed on the exterior surface of the base. 
However, a permanent statement on the side would likely render the 
piece useless for ornamental or decorative purposes. To respond to the 
concern of the comments, and to better protect the public, FDA is 
requiring in Sec. 109.16(b)(1)(i) that a stick-on temporary label 
bearing one of the alternative statements, in letters at least 3.2 mm 
(0.125 in) in height, be placed on a surface of the piece that is 
clearly visible to the consumer. The temporary label will advise the 
consumer that the piece is not for food use and of the reason why it is 
not for food use. The determination as to the appropriate surface for 
the temporary label will depend on the shape of the piece. For example, 
the appropriate place on a plate for the temporary label would be the 
potential food-contact surface, while on a pitcher a temporary label on 
the exterior of the side would be suitable.
    The requirement for a temporary label is in addition to the 
requirement of a permanent label that the agency proposed (54 FR 
23485). The purpose of the proposal was to ensure that decorative 
ceramicware would not be used in a manner that is unsafe. The comments 
have convinced the agency that the additional requirement for a 
temporary label placed on a conspicuous surface is necessary to ensure 
that the purposes of this final rule are realized. Without this 
requirement, as the comments suggested, there is a significant chance 
that a consumer will miss the warning on the base of the ceramicware.
    The agency does not agree that the size of the letters in the 
permanent statement must be directly related to the dimensions of the 
ornamental or decorative ceramicware piece to be seen. If the statement 
meets the minimum letter height requirements of Sec. 109.16(b)(1)(ii) 
and is adequately contrasted or otherwise differentiated or set out 
from the background of the piece, the statement will fully serve its 
function. The agency notes that the requirement for conspicuousness in 
declarations of net quantity of contents on food labels 
(Sec. 101.105(i)) includes the specification that the letter height is 
not less than one-eighth inch (or 3.2 mm (0.125 in)) if the declaration 
is blown, embossed, or molded on a surface. Using this precedent, the 
agency believes that the minimal letter height of the statement of 
nonfood use should generally be not less than 3.2 mm (or one-eighth in) 
because letters that are less than 3.2 mm (0.125 in) in height may not 
be conspicuous enough to be readily seen.
    However, the agency recognizes that there may be some ceramicware 
articles that appear to be suitable for food use that have bases with 
surface areas that are too small to fit the required statement if it 
were to be in letters that are 3.2 mm (0.125 inch) in height. For such 
articles, the agency is providing in Sec. 109.16(b)(1)(ii) that the 
statement be written in the largest letters possible, provided the 
letters are at least 1.6 mm (0.062 inch) high.
    4. One comment stated that the agency should not impose a minimum 
letter size for the permanent statement because of the limited space 
available on some articles.
    The agency believes that ceramicware pieces that could be mistaken 
as being intended for holding, storing, or serving food would have a 
size and configuration similar to food-use ware and would have bases 
sufficiently large for88 the required statement. The agency has 
accommodated size problems in Sec. 109.16(b)(1)(ii). Therefore, the 
agency rejects this comment.
    5. One comment expressed concern that, in the past, it has been 
difficult, if not impossible, to keep decorative or ornamental 
ceramicware from being used to hold food. Therefore, the comment argued 
that FDA should not rely on statements to distinguish ceramicware used 
for food storage from decorative or ornamental ceramicware. The comment 
suggested that FDA consider only ceramicware that has holes bored in 
the food-contact surface to be decorative or ornamental.
    The agency disagrees with this suggestion. A hole bored through 
some decorative or ornamental ceramicware articles would render them 
useless for their intended purpose, e.g., pieces in the shape of 
pitchers intended for use as vases for fresh flowers, and would damage 
the decorative value of others, e.g., commemorative plates. The intent 
of this regulation is to distinguish decorative ceramicware from food-
service articles by using specified statements and an optional symbol 
in a manner that ensures that those statements will be readily seen and 
understood by the consumer. FDA concludes, based on the available 
information, that the measures required under this final rule are 
appropriate for this purpose.
    6. One comment suggested that FDA also require that decorative 
ceramicware (when first sold) be accompanied by a booklet in which the 
permanent statement is printed in large type. The comment stated that 
the booklet should include a paragraph stating that the object is not 
to be used to hold, serve, or store food and provide a brief 
explanation of the dangers of lead to pregnant women, infants, and 
children. The comment further suggested that FDA set out the exact 
wording of the text of the suggested booklet in the final rule.
    FDA does not have information and data that demonstrate that such a 
booklet is necessary to protect consumers from the use with food of 
decorative ceramicware. Accordingly, FDA is not requiring manufacturers 
to provide such a booklet, although FDA believes that a booklet 
describing the potential hazards of misusing decorative ceramicware may 
be useful in helping to make consumers aware of the adverse effects of 
lead. Therefore, the agency has no objection to the manufacturers 
providing such a booklet on their own initiative.
    The requirement for a temporary label will respond to the comment's 
objective of ensuring that consumers are informed about the intended 
use of the ware. In addition, FDA uses consumer education vehicles such 
as the FDA Consumer magazine to inform the public about issues 
concerning misuse of ornamental ceramicware to avoid lead exposure from 
this source. The agency, in ``Lead Threat Lessens, But Mugs Pose 
Problem'' in the FDA Consumer of April 1993, and in ``Reducing Exposure 
to Lead from Ceramic Ware,'' an FDA Backgrounder of November 1991, 
advised consumers to follow label directions on any ornamental product 
with a warning that the article is not for food use.
    7. One comment stated that the requirement that ornamental or 
decorative pieces either bear a permanent statement on the base or have 
a hole bored into the food-contact surface is not appropriate for 
antique or secondhand articles of value.
    The agency advises that this final rule applies to new ornamental 
or decorative articles initially introduced, or initially delivered for 
introduction, into interstate commerce after the effective date of the 
rule and would not apply to antique or secondhand articles of value.
    The agency considers the safe use of antique or secondhand 
ceramicware to be a subject for consumer education. The agency, in 
``Pretty Poison: Lead and Ceramicware'' in the FDA Consumer of July/
August 1987, and in ``Reducing Exposure to Lead from Ceramic Ware'' in 
the FDA Backgrounder of November 1991, recommended limiting food use of 
ceramicware manufactured before Federal standards were imposed. Dealers 
and merchants can help inform consumers about the risk posed by such 
ware by affixing stick-on labels or decals to articles of questionable 
origin or safety. The labels or decals should state that the articles 
are to be used only for decorative or ornamental purposes. The agency 
intends to continue to caution consumers that substantial amounts of 
lead may leach from antique and other ceramic collectibles into food.
    8. One comment stated that certain types of hand-painted and hand-
carved decorative ceramicware, such as ``coromandel porcelain,'' are 
not subject to kiln firing as part of or after the decoration and 
painting processes. Thus, the required statement cannot be fired onto 
the base of such articles. The comment requested that FDA permit the 
statement to be painted on the base of the decorative ceramicware with 
a permanent paint. The comment further stated that this is the only 
commercially practical and feasible method of applying a conspicuous 
and permanent statement to this type of ceramicware.
    FDA agrees that there is a need to provide for the application of 
the permanent statement to decorative or ornamental ceramicware that 
are not fired after decoration. Accordingly, the agency is providing in 
Sec. 109.16(b)(1)(ii) that the statement may be painted onto 
ceramicware using permanent paint when the ceramicware is not fired 
after decoration.
    9. Ceramic product manufacturers commented that if FDA requires the 
use of the symbol in the final rule, 6 months is not sufficient time to 
have molds or decals available. These manufacturers requested that the 
effective date of the final rule be delayed in order to have time to 
phase in use of the symbol.
    Because FDA is making the use of the symbol optional, manufacturers 
who decide to use it are not subject to an FDA-imposed time constraint 
in phasing in its use. Therefore, the agency is not extending the 
effective date.

III. Conclusions

    After review and consideration of comments received in response to 
the portion of its June 1, 1989, proposal that relates to ornamental 
and decorative ceramicware (54 FR 23485), the agency is adopting that 
portion of the proposal as a final rule. The purpose of the regulation 
that FDA is adopting is to distinguish ornamental or decorative 
ceramicware that may leach excessive amounts of lead into food from 
ceramic foodware (i.e., ceramicware intended for holding, storing, or 
serving food). Section 109.16 provides that FDA will consider all 
decorative or ornamental ceramicware that appears to be suitable for 
food use to be for food use and will regulate it as such, unless a 
stick-on label bearing one of three specified statements in letters 
that are at least 3.2 mm (0.125 in) in height is placed on a readily 
visible surface of the ceramicware, and one of the three specified 
statements in letters that are at least 3.2 mm (0.125 in) in height is 
permanently affixed to the exterior surface of the base of the 
ceramicware. However, if insufficient space exists for the permanent 
statement to be presented in letters of such height, the statement 
shall be in the largest letters that will allow it to fit on the base 
of the piece, provided that the letters are at least 1.6 mm (0.062 in) 
in height. In the alternative, the manufacturer may bore a hole through 
the potential food-contact surface of the decorative ceramicware to 
make it unsuitable for food use. The final rule also provides that the 
required statement can be painted onto the exterior surface of the base 
if the piece is not fired after decoration. Further, the final rule 
provides that a symbol may be used, in addition to the statement or 
hole bored through the ware, to advise the consumer that the article is 
not for food use.

IV. Economic Impact

    FDA has examined the economic implications of this final rule to 
amend 21 CFR part 109 as required by Executive Order 12866 and the 
Regulatory Flexibility Act (Pub. L. 96-354). Executive Order 12866 
compels agencies to use a cost-benefit analysis as a component of 
decisionmaking. The Regulatory Flexibility Act requires regulatory 
relief for small businesses where feasible. FDA has received no new 
information or comments that would alter its tentative finding in the 
proposal that there is no substantive economic issue, and that this 
rule is not a major rule as defined by either Executive Order 12866 or 
the Regulatory Flexibility Act.

V. Environmental Impact

    The agency considered the environmental effects of this action in 
the context of the proposed rule (54 FR 23485). At that time, the 
agency prepared an environmental assessment (EA) and concluded that the 
proposed action would not have a significant impact on the human 
environment and that an environmental impact statement (EIS) was not 
required.
    One comment received by the agency on the proposed rule stated that 
the continued use of lead in consumer products has a major 
environmental impact when these products are disposed of, and that FDA 
had failed to consider fully the environmental impact of its proposal. 
As explained above, the aspect of the proposed rule concerned with the 
reduction in limits on the levels of lead leaching from ceramic 
foodware has been addressed by a compliance policy guide (CPG) that was 
announced in the Federal Register of July 6, 1992 (57 FR 29734). At 
that time the agency prepared an EA for the issuance of this CPG in 
which, among other things, it addressed the above comment. The 
conclusion of that EA was that the agency's action to reduce the limits 
on the levels of lead leaching from ceramic foodware may also reduce 
the amount of lead that could potentially enter the environment from 
landfill leachate. This EA is on public display at the Dockets 
Management Branch (address above).
    The other part of the proposed rule is covered by this final rule, 
i.e., the establishment of labeling requirements for decorative 
ceramicware that appears to be suitable for food use. FDA actions that 
establish regulations for labeling requirements normally do not require 
the preparation of an EA or an EIS under Sec. 25.24(a)(11) (21 CFR 
25.24(a)(11)) because such actions meet specific criteria that are 
intended to ensure that they will not cause significant environmental 
effects. These criteria are that there will be no increase in the 
existing levels of use or change in the intended uses of the product or 
its substitutes. Because the intent of this final rule is to prevent 
decorative ceramicware from being used for food service, we conclude 
that these criteria are met, and that the categorical exclusion in 
Sec. 25.24(a)(11) applies to the action in this final rule. Therefore, 
the comment cited above does not provide a basis to change the agency's 
previous determination that there is no significant impact on the human 
environment from this action, and that an EIS is not required.

List of Subjects in 21 CFR Part 109

    Food labeling, Food packaging, Foods, Polychlorinated biphenyls 
(PCB's).
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
109 is amended to read as follows:

PART 109--UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION 
AND FOOD-PACKAGING MATERIALS

    1. The authority citation for 21 CFR part 109 is revised to read as 
follows:

    Authority: Secs. 201, 306, 402, 406, 408, 409, 701 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 336, 342, 346, 
346a, 348, 371).

    2. New Sec. 109.16 is added to subpart A to read as follows:


Sec. 109.16  Ornamental and decorative ceramicware.

    (a) Lead is a toxic metal that is used as a component of glazes and 
decorative decals on ceramics, including some ornamental and decorative 
ceramicware. The use of ornamental or decorative ceramicware to 
prepare, serve, or hold food may result in the leaching of lead from 
the glaze or decoration into the food. The provisions of paragraph (b) 
of this section are necessary to ensure that ornamental or decorative 
ceramicware bear adequate indications that they are not to be used for 
food-handling purposes.
    (b) Ornamental or decorative ceramicware initially introduced or 
initially delivered for introduction into interstate commerce on or 
after July 13, 1994 appears to be suitable for food use will be 
considered to be for food use unless:
    (1) It bears:
    (i) A conspicuous stick-on label on a surface clearly visible to 
consumers that states in legible script in letters at least 3.2 
millimeters (0.125 inch) in height one of the following messages: ``Not 
for Food Use. May Poison Food,'' ``Not for Food Use. Glaze contains 
lead. Food Use May Result in Lead Poisoning,'' and ``Not for Food Use--
Food Consumed from this Vessel May be Harmful,'' and
    (ii) A conspicuous and legible permanent statement of the message 
selected from paragraph (b)(1)(i) of this section molded or fired onto 
the exterior surface of the base or, when the ceramicware is not fired 
after decoration, permanently painted onto the exterior surface of the 
base. This permanent statement shall be in letters at least 3.2 
millimeters (0.125 inch) in height, except that if insufficient space 
exists for the permanent statement in letters of such height, the 
statement shall be in the largest letters that will allow it to fit on 
the base of the piece, provided that the letters are at least 1.6 
millimeters (0.062 inch) in height; or
    (2) A hole is bored through the potential food-contact surface.
    (c) In addition to steps required under paragraphs (b)(1) and 
(b)(2) of this section, the following optional information may be 
provided on the ware:
    (1) A further explanatory statement concerning the decorative 
nature of the piece, such as ``Decorative'' or ``For Decorative 
Purposes Only,'' may be used; however, such additional statement shall 
be placed after the required statement.
    (2) A symbol may be used to advise that a piece of ornamental or 
decorative ceramicware is not to be used with food, as illustrated 
below.

TR12JA94.001

The circle of the above symbol should be at least 2.54 centimeters (1 
inch) in diameter. The symbol may be used on the temporary label or 
applied to the base of the piece in the same manner as the permanent 
statement.

    Dated: January 5, 1994.
Michael R. Taylor,
Deputy Commissioner for Policy.
[FR Doc. 94-706 Filed 1-11-94; 8:45 am]
BILLING CODE 4160-01-F