[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Notices]
[Pages 352-353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-124]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 93P-0310]


White Chocolate Deviating From Identity Standard; Amendment 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 that it 
is amending an extended temporary permit issued to Hershey Foods Corp. 
(Hershey) 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, sweet chocolate, milk 
chocolate, buttermilk chocolate, skim milk chocolate, or mixed dairy 
product chocolates. The purpose of the amendment to the extended 
temporary permit is to allow Hershey to collect data on consumer 
acceptance of a different product, containing white chocolate, that 
also contains chocolate cookies, and to identify mass production 
problems.

FOR FURTHER INFORMATION CONTACT: Nannie H. Rainey, 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 Sec.  130.17 (21 CFR 
130.17) concerning temporary permits, FDA gave notice in the Federal 
Register of November 5, 1993 (58 FR 59050), that a temporary permit had 
been issued to Hershey Foods Corp., P.O. Box 810, Hershey, PA 17033. 
The temporary permit was issued to market test products containing a 
component designated as ``white chocolate'' and 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 white chocolate component of these 
products deviates from the standards of identity for certain 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) 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 the other 
requirements of the standards for chocolate products in 21 CFR part 
163.

    -Subsequently, Hershey requested that their temporary permit 
(Docket No. 93P-0310) be extended to allow for additional time for the 
firm to continue to collect data on consumer acceptance of the products 
while the agency takes action on two petitions (Docket Nos. 86P-0297/CP 
2 and 86P-0297/CP 3 (see 59 FR 67302, December 29, 1994, for 
discussion)) to establish a standard of identity for white chocolate 
that were submitted by Hershey and by the Chocolate Manufacturers 
Association. FDA granted the request for the extension and provided for 
continued testing on an annual basis of up to 21,800,000 kilograms (kg) 
(48,000,000 pounds (lb)) of the test product. The test products 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.'' In the Federal Register of December 
29, 1994 (59 FR 67302), FDA extended the expiration date of the 

[[Page 353]]
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.
    -Hershey is now requesting that the extended temporary permit be 
amended to provide for up to 13,600,000 kg (30,000,000 lb) of a 
different product, containing white chocolate, that also contains 
chocolate cookies. Hershey is also requesting that the permit be 
amended to allow an additional plant where this product can be 
manufactured.
    -The agency finds that it is in the interest of the consumer to 
amend the extended temporary permit to allow for market testing of 
another product containing white chocolate. Therefore, under the 
provisions of Sec.  130.17(f), FDA is modifying the extended temporary 
permit granted to Hershey to provide for the market testing of up to 
13,600,000 kg (30,000,000 lb) of the new test product on an annual 
basis in addition to the 21,800,000 kg (48,000,000 lb) of test product 
authorized in the original permit. The new test product, in bar and 
bite size forms, will bear the fanciful name ``Hershey's Cookies 'n' 
Creme Chocolate Cookie Bits in White Chocolate.'' The white chocolate 
meets the compositional requirements of the current temporary permit. 
FDA is also modifying the extended temporary permit to provide for an 
additional plant at Hershey Chocolate, U.S.A., 19 East Chocolate Ave., 
Hershey, PA 17033, where the product may be manufactured. The product 
will be distributed nationwide.
    -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. This 
amended extended 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 the extended permit 
remain the same.

    Dated: December 15, 1995.
F. Edward Scarbrough,
Director, Office of Food Labeling, Center for Food Safety and Applied 
Nutrition.
[FR Doc. 96-124 Filed 1-3-96; 8:45 am]
BILLING CODE 4160-01-F