[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32063]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. 93P-0310]

 

White Chocolate Deviating From Identity Standard; Extension of 
Temporary Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
extension of a temporary permit issued to Hershey Foods Corp., to 
market test products identified, in part, as ``white chocolate'' that 
deviate from the U.S. standards of identity for chocolate products, 
including chocolate liquor, sweet chocolate, milk chocolate, buttermilk 
chocolate, skim milk chocolate, and mixed dairy product chocolates. The 
extension will allow the permit holder to continue to collect data on 
consumer acceptance of the products while the agency takes action on 
two petitions to establish a standard of identity for white chocolate 
that were submitted by the permit holder and by the Chocolate 
Manufacturers Association.

DATES: The new expiration date of the permit will be either the 
effective date of a final rule to establish a standard of identity for 
white chocolate, which may result from the petitions, or 30 days after 
termination of such rulemaking.

FOR FURTHER INFORMATION CONTACT: Michelle A. Smith, Center for Food 
Safety and Applied Nutrition (HFS-158), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-5099.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 130.17 concerning 
temporary permits, FDA issued a temporary permit to Hershey Foods Corp. 
(Hershey), 100 Crystal A Dr., P.O. Box 810, Hershey, PA 17033, to 
market test products identified, in part, as ``white chocolate'' that 
deviate from the U.S. standards of identity for chocolate products, 
e.g., chocolate liquor (21 CFR 163.111), sweet chocolate (21 CFR 
163.123), milk chocolate (21 CFR 163.130), buttermilk chocolate (21 CFR 
163.135), skim milk chocolate (21 CFR 163.140), or mixed dairy product 
chocolates (21 CFR 163.145) (58 FR 59050, November 5, 1993). The agency 
issued the permit to facilitate market testing of foods deviating from 
the requirements of the standards of identity promulgated under section 
401 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341). The 
permit covered limited interstate market testing of products containing 
a component identified as ``white chocolate'' that deviates from the 
standardized chocolate products described in part 163 (21 CFR part 163) 
in that: (1) It is prepared without the nonfat components of the ground 
cacao nibs but contains the fat (cocoa butter) expressed from the 
ground cacao nibs; and (2) safe and suitable antioxidants are added. 
The test component meets all other requirements of the standards for 
chocolate products in part 163.
    A previous temporary permit issued to the same firm for the same 
products (i.e., test products containing a component designated as 
``white chocolate'') was in effect for a 15-month period that ended 
December 6, 1992 (56 FR 46798, September 16, 1991). On December 10, 
1992, Hershey submitted a Citizen Petition to establish a standard of 
identity for white chocolate (filed December 15, 1992, Docket No. 86P-
0297/CP 2). FDA has also received a Citizen Petition from the Chocolate 
Manufacturers Association requesting that the agency establish a 
standard of identity for white chocolate (filed March 2, 1993, Docket 
number 86P-0297/CP 3).
    White chocolate, according to the suggested standard in these 
petitions, is the solid or semi-plastic food prepared by intimately 
mixing and grinding cocoa butter with one or more nutritive 
carbohydrate sweeteners and one or more of the optional dairy 
ingredients specified in part 163. It contains not less than 20 percent 
of cocoa butter, not less than 14 percent of total milk solids, not 
less than 3.5 percent of milkfat, and not more than 55 percent of 
nutritive carbohydrate sweetener. It may also contain emulsifying 
agents, spices, natural and artificial flavorings and other seasonings, 
and antioxidants approved for food use. It contains no coloring 
material.
    Hershey has requested that their temporary permit be extended to 
allow for additional time for the market testing of their test products 
in order to gain additional information in support of any proposal that 
may result from these petitions. In support of their request, Hershey 
provided information on consumer acceptance and understanding of the 
term ``white chocolate,''stating that consumers associate the term with 
confectionery containing cocoa butter as a primary ingredient. Hershey 
also cited the number of requests to market test products identified as 
``white chocolate'' that FDA has received and granted since it issued 
the original permit to Hershey in 1991 (i.e., Ganong Bros., Ltd., on 
November 5, 1993 (58 FR 59050); The Pillsbury Co., on June 23, 1994 (59 
FR 32443); and Kraft General Foods, Inc., on July 1, 1994 (59 FR 
33976)).
    The agency finds that it is in the interest of consumers to issue 
an extension of the time period for the market testing of products 
identified in part as white chocolate. FDA is inviting interested 
persons to participate in the market test under the conditions that 
apply to Hershey (e.g., the composition of the test product) except 
that the area of distribution shall not apply. Any person who wishes to 
participate in the extended market test must notify, in writing, the 
Chief of the Food Standards Branch, Office of Food Labeling, Center for 
Food Safety and Applied Nutrition (HFS-158), Food and Drug 
Administration, 200 C St. SW., Washington, DC 20204. The notification 
must include a description of the test product, the amount of test 
product to be distributed, a justification statement for the amount 
requested, the area of distribution, and the labeling that will be used 
for the test product (i.e., a draft label for each size of container 
and each brand of product to be market tested). The information panel 
of the label must bear nutrition labeling in accordance with 21 CFR 
101.9. Each of the ingredients used in the food must be declared on the 
label as required by the applicable sections of 21 CFR part 101.
    Therefore, under the provisions of 21 CFR 130.17(i), FDA is 
extending the temporary permit granted to Hershey to provide for 
continued market testing on an annual basis of up to 21,800,000 
kilograms (48,000,000 pounds) of the test product. The test products 
will bear the fanciful names ``Hershey's Hugs, Mini Hershey's Kisses 
Hugged by White Chocolate'' and ``Hershey's Hugs, Mini Hershey's Kisses 
Hugged by White Chocolate, with Almonds.'' FDA is extending the 
expiration date of the permit so that the permit expires either on the 
effective date of a final rule to establish a standard of identity for 
white chocolate, which may result from the petitions, or 30 days after 
termination of such rulemaking. All other conditions and terms of this 
permit remain the same.

    Dated: December 19, 1994.
F. Edward Scarbrough,
Office of Food Labeling, Center for Food Safety and Applied Nutrition.
[FR Doc. 94-32063 Filed 12-28-94; 8:45 am]
BILLING CODE 4160-01-F