[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
=======================================================================
-----------------------------------------------------------------------

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.

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

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