[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6013]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 91-006F-TA]
RIN 0583-AB34

 

Nutrition Labeling of Meat and Poultry Products; Technical 
Amendments

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Confirmation of interim rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is confirming 
interim regulations amending its final nutrition labeling regulations. 
FSIS is taking this action to improve the clarity and accuracy of the 
regulations, and to provide regulations that parallel the Food and Drug 
Administration's (FDA) nutrition labeling regulations to the maximum 
extent possible.

EFFECTIVE DATE: July 6, 1994.

FOR FURTHER INFORMATION CONTACT:
Charles Edwards, Director, Product Assessment Division, Regulatory 
Programs, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, (202) 254-2565.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been reviewed under Executive Order 12866.

Background

    On January 6, 1993, FSIS published in the Federal Register (58 FR 
632) final regulations on nutrition labeling for meat and poultry 
products. FSIS's nutrition labeling regulations parallel, to the 
maximum extent possible, FDA's nutrition labeling regulations 
promulgated under the Nutrition Labeling and Education Act. FSIS 
published its final regulations on nutrition labeling simultaneously 
with FDA's publication.
    After the publication of FSIS's final regulations on nutrition 
labeling, FSIS received several comments from various interested 
parties contending that portions of FSIS's regulations were unclear, 
contained technical, unintended consequences in a specific provision, 
or were not parallel to FDA's nutrition labeling regulations. Those 
portions included provisions related to: (a) Providing nutrition 
labeling by alternate means for packages that have a total surface area 
available to bear labeling of less than 12 square inches; (b) the 
saturated fat criterion for the ``lean'' definition; and (c) the use of 
nutrient content claims on infant and toddler foods.
    After considering these comments and conducting an in-depth review 
of FDA's final nutrition labeling regulations, FSIS believed that its 
final regulations were inconsistent with FDA's regulations in certain 
areas where uniformity should exist. FSIS also determined that several 
provisions were inadvertently omitted in its final regulations.
    Accordingly, FSIS issued an interim final rule in the Federal 
Register on September 10, 1993. The interim final rule set forth 
technical amendments (58 FR 47624) to the FSIS nutrition labeling 
regulations to provide more well-defined regulations that reflect 
accuracy and clarity regarding the nutrition labeling of meat and 
poultry products. The amendments consisted of clarifications that are 
essential to understanding and complying with published provisions, 
changes that are necessary to avoid technical, unintentional 
consequences in specific provisions, and additional provisions that 
were inadvertently omitted. FSIS announced in the interim final rule 
that there would be a 30-day comment period, and that the Agency would 
carefully consider all comments received before finalizing the interim 
rule.

Interim Final Rule

    In its interim final rule, FSIS allowed for nutrition labeling to 
be provided by alternate means for packages that have a total surface 
area available to bear labeling of less than 12 square inches. 
Accordingly, FSIS added provisions at 9 CFR 317.400(d) and 381.500(d) 
to permit manufacturers to provide an address or telephone number on 
the package for consumers to write or call for nutrition information, 
provided that the labels for these products bear no nutrition claims or 
nutrition information. These provisions do not affect the exemption for 
individually wrapped packages of less than \1/2\ ounce net weight.
    Also, in its interim final rule, FSIS added a small business 
exemption provision that was inadvertently omitted from its final 
nutrition labeling regulations. The provision at 9 CFR 317.400(a) and 
381.500(a) states that the calculation of poundage shall be based on 
the most recent 2-year average of business activity.
    FSIS defined ``insignificant amount'' in the final nutrition 
labeling regulations as that amount that may be rounded to zero in 
nutrition labeling, except that for total carbohydrate, dietary fiber, 
and protein, it is an amount less than 1 gram. In its interim final 
rule, FSIS revised the definition of ``insignificant amount'' at 9 CFR 
317.309(g)(1) and 381.409(g)(1) to include sugars as an amount less 
than 1 gram. FSIS determined that sugars is another nutrient with a 
caloric contribution that is consistent with that for total 
carbohydrate, dietary fiber, and protein. Therefore, when used in 
reference to the simplified format, an insignificant amount of sugars 
is that amount which is less than 1 gram.
    FSIS made reference in the final nutrition labeling regulations to 
a retailer providing nutrition information on the label of single-
ingredient, raw products without referring to a manufacturer. In the 
preamble to its final regulations, FSIS made no distinction between 
products packaged in official establishments and those packaged at 
retail level. However, to clarify any misunderstanding regarding these 
provisions, in its interim final rule, FSIS modified 9 CFR 
317.345(a)(1) and 381.445(a)(1) to include reference to a manufacturer.
    In its interim final rule, FSIS also amended table 1 of 9 CFR 
317.312(b) and 381.412(b) to include product categories for plain meats 
and meat sticks and plain poultry and poultry sticks with reference 
amounts of ``55 g.'' These product categories were inadvertently 
omitted from the final rule.
    Also, for purposes of clarification and to more fully harmonize 
with FDA requirements, FSIS, in its interim final rule, amended table 2 
at 9 CFR 317.312(b) and 381.412(b) by moving the lasagna examples to 
the category of mixed dishes measurable with a cup and also adding meat 
and poultry filled pasta as further examples of products in this 
category. FSIS also revised footnote 4 to table 2 at 9 CFR 317.312(b) 
and 381.412(b) by adding the following words at the end: ``except for 
products in which both the solids and liquids are customarily 
consumed.''
    In its interim final rule, FSIS modified the ``lean'' definition to 
reflect the change in the saturated fat definition. The final 
regulations defined saturated fat as the sum of all fatty acids 
containing no double bonds. Inclusion of all fatty acids with no double 
bonds in the definition of saturated fat can inflate the level of 
saturated fat by approximately 15 percent. To offset this unintended 
effect, FSIS increased the saturated fat criterion for the ``lean'' 
definition from less than 4 grams to 4.5 or less grams.
    In addition, in its interim final rule, FSIS clarified the 
provisions concerning nutrient content claims on foods for infants and 
children under 2 years of age by removing the language ``except that 
nutrient content claims may not be made on products intended 
specifically for use by infants and toddlers less than 2 years of age'' 
from 9 CFR 317.313(a) and 381.413(a). FDS believes that the complete 
prohibition of nutrient content claims on foods for infants and 
children under 2 years of age may have been overly broad. FSIS agrees 
with this position.
    It was FSIS's intent to allow percentage labeling of vitamins and 
minerals on foods intended for use by infants and children less than 2 
years of age, as provided for by FDA at 21 CFR 101.13(q)(3). Therefore, 
in its interim final rule, FSIS amended 9 CFR 317.313(q)(3) and 
381.413(q)(3) to allow percentage labeling of vitamin and minerals on 
such foods.
    In cross-referencing FDA's final regulations, FSIS inadvertently 
omitted paragraphs (e) and (f) as contained in 21 CFR 101.66, Label 
statements relating to usefulness in reducing or maintaining body 
weight. Generally, for meat and poultry products, ``sugar free'' claims 
are not particularly relevant. However, to harmonize with FDA 
regulations, FSIS, in its interim final rule, added provisions 
regarding the labeling of products as ``sugar free'' and ``no added 
sugar,'' and the use of label terms suggesting low calorie or reduced 
calorie foods. FSIS amended 9 CFR 317.380 and 281.480 to incorporate 
the provisions of 21 CFR 101.66(e) and (f).

Discussion of Comments

    FSIS received no comments in response to the interim final rule. 
Therefore, FSIS is adopting the interim final rule as published in the 
Federal Register on September 10, 1993 (58 FR 47624).

List of Subjects

9 CFR Part 317

    Food labeling, Food packaging, Meat inspection.

9 CFR Part 381

    Food labeling, Poultry and poultry products, Poultry inspection.

Final Rule

    For the reasons discussed in the preamble:


Sec. 317.309, 317.312, 317.313, 317.345, 317.362, 317.380, 
317.400  [Amended]

    1. In part 317, the amendments to Sec. 317.309(g)(1); Table 1 and 2 
in Sec. 317.312(b); Sec. 317.313 (a) and (q)(3); Sec. 317.345(a)(1); 
Sec. 317.362(c)(1); Sec. 317.380; and Sec. 317.400 (a)(1)(iii) and (d) 
published on September 10, 1993 (58 FR 47624), are confirmed as final.


Sec. 381.409, 381.412, 381.413, 381.445, 381.426, 381.480, 
381.500  [Amended]

    2. In part 381, the amendments to Sec. 381.409(g)(1); Tables 1 and 
2 in Sec. 381.412(b); Sec. 381.413 (a) and (q)(3); Sec. 381.445(a)(1); 
Sec. 381.462(c)(1); Sec. 381.480; and Sec. 381.500 (a)(1)(iii) and (d) 
published on September 10, 1993 (58 FR 47624), are confirmed as final.

    Done at Washington, DC, on March 9, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6013 Filed 3-15-94; 8:45 am]
BILLING CODE 3410-DM-M