[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1973]
[[Page Unknown]]
[Federal Register: January 31, 1994]
VOL. 59, NO. 20
Monday, January 31, 1994
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Public Notification That Three Carbonated Juice Drink Products
Are Now Excluded From the ``Soda Water'' Category of ``Foods of Minimal
Nutritional Value''
AGENCY: Food and Nutrition Service, USDA.
ACTION: Notice.
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SUMMARY: This notice serves to inform the public that Knudson and Sons,
Inc., the manufacturer of ``Jamaican Style Lemonade Spritzer,''
``Orange Passionfruit Spritzer,'' and ``Orange Spritzer,'' has
petitioned the Food and Nutrition Service (FNS) to exempt these
products from the ``Categories of Foods of Minimal Nutritional Value''
under the National School Lunch Program and the School Breakfast
Program. Based upon data furnished by the manufacturer, FNS has
determined that these products should not be classified as foods of
minimal nutritional value. The petitioner has been notified of this
determination in writing and that FNS does not prohibit the sale of the
products in school food service areas during breakfast or lunch period.
DATES: The effective dates of this Notice are March 19, 1993 for the
``Jamaican Style Lemonade Spritzer'' and the ``Orange Passionfruit
Spritzer'' and May 27, 1993 for the ``Orange Spritzer.'' These dates
correspond with the dates the company was notified of approval.
FOR FURTHER INFORMATION CONTACT: Ms. Cynthia H. Ford, Chief, Technical
Assistance Branch, Nutrition and Technical Services Division, Food and
Nutrition Service, 3101 Park Center Drive, room 607, Alexandria,
Virginia 22302, or by telephone at (703) 305- 2556.
SUPPLEMENTARY INFORMATION: This Notice is issued in conformance with
E.O. 12866.
The National School Lunch Program and the School Breakfast Program
are listed in the Catalog of Federal Domestic Assistance under No.
10.555 and under No. 10.553, respectively, and are thereby subject to
the provisions of Executive Order 12372, which requires
intergovernmental consultation with State and local officials (7 CFR
part 3015, subpart V, and the final rule-related Notice published June
24, 1983 (48 FR 29114)).
This action is not a rule as defined by the Regulatory Flexibility
Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that
Act.
This Notice imposes no new reporting or recordkeeping provisions
that are subject to Office of Management and Budget review in
accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
Background
On January 29, 1980, the Department published final regulations (45
FR 6758 at 6772), commonly known as the competitive foods rule, which
identified categories of foods of minimal nutritional value. These
foods were identified as soda water, water ices, chewing gum and
certain candies (hard candies, jellies and gums, marshmallow candies,
fondants, licorice, spun candy, and candy coated popcorn). The sale of
such foods is prohibited in food service areas during breakfast and
lunch periods by the regulations governing School Breakfast Program 7
CFR 220.12(a), and the National School Lunch Program, 7 CFR 210.11(b),
respectively.
As defined in 7 CFR 210.11(a)(2) and 220.2(i-1), foods of minimal
nutritional value provide less than five percent of the U.S.
Recommended Daily Allowance (U.S.RDA) for each of eight specified
nutrients per 100 calories and less than five percent of the U.S.RDA
for each of the eight specified nutrients per serving. In the case of
artificially sweetened foods, only the ``per serving'' measure applies.
The eight specified nutrients are: Protein, vitamin A, vitamin C,
niacin, riboflavin, thiamine, calcium, and iron. The competitive foods
rule has been amended many times but it still retains its original
intention of keeping foods of minimal nutritional value from competing
with foods served in school lunch and breakfast program service areas.
Under 7 CFR 220.12(a) of the School Breakfast Program regulations and 7
CFR 210.11(b) of the National School Lunch Program regulations, school
food authorities have the right to restrict and even forbid the sale of
foods that would otherwise be permitted under the competitive foods
rule. If competitive foods are allowed to be sold in food service areas
during breakfast and lunch periods, all income from such sales must
accrue to the benefit of the nonprofit school food service or the
school or student organization approved by the school.
The competitive foods rule contains provisions for amending
Appendix B--Categories of Foods of Minimal Nutritional Value, of Part
210, National School Lunch Program, and Part 220, School Breakfast
Program, to exempt an individual food from a category of foods of
minimal nutritional value as listed in appendix B or to add a
particular category of food to appendix B as a category of foods of
minimal nutritional value. These provisions are found in
Sec. 210.11(a)(2) and paragraph (b) to appendix B to part 210 (for the
National School Lunch Program) and in Sec. 220.12(b) (for the School
Breakfast Program). The public may petition FNS to request that an
exception from or an addition to the food categories listed in appendix
B be made. A schedule for petitioners regarding submission deadlines is
furnished in part 210, appendix B(b)(3), and part 220, appendix B. The
petition must include a statement of the percent of the U.S.RDA for the
eight nutrients listed in Secs. 210.11(a)(2) and 220.2(i-1) that the
food provides per serving and per 100 calories and the petitioner's
source of this information. FNS determines whether or not the
individual food is a food of minimal nutritional value and informs the
petitioner in writing of such determination, and the public by notice
in the Federal Register. In determining whether a food is a food of
minimal nutritional value, discrete nutrients added to the food are not
taken into account.
The Department received one petition from Knudson and Sons, Inc.
dated February 10, 1993 and a second petition dated April 29, 1993,
providing all necessary petition components for three products. Both
per serving and per 100 calorie nutrient analysis data show that one of
the eight nutrients (Vitamin C) is greater than 5% of the U.S.RDA in
each of the three products. Hence, the following three products
produced by Knudson and Sons, Inc. are exempt from the ``soda water
category'' of ``Foods of Minimal Nutritional Value'' (7 CFR part 210,
appendix B(a)(1) and part 220, appendix B(1)): ``Jamaican Style
Lemonade Spritzer,'' the ``Orange Passionfruit Spritzer'' and the
``Orange Spritzer.'' FNS does not prohibit the sale of these products
in a school food service area during breakfast or lunch period.
In compliance with petitioning schedules, the company was notified
in writing of this decision and this notice documents public
announcement.
Although required by the regulations to publish this notice, the
Department emphasizes that such notification is not to be construed as
either approval or endorsement of any food product or manufacturer
identified in this notice. Nor is it certification that such food
product has a significant nutritional value. Nor in any way is it
guidance or encouragement to State Agencies and School Food Authorities
concerning their possible purchase of any class or type of food product
identified in this notice.
Dated: January 12, 1994.
George A. Braley,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 94-1973 Filed 1-28-94; 8:45 am]
BILLING CODE 3410-30-U