[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Proposed Rules]
[Page 16423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9318]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 101

[Docket Nos. 95N-0282, 95N-0347, 95N-0245]


Food Labeling; Extension of Comment Periods

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rules; extension of comment periods.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that it 
is extending to June 10, 1996, the comment periods for certain proposed 
regulations regarding food labeling that appeared in the Federal 
Register of December 28, 1995. This action is being taken in response 
to several requests for brief extensions of the comment periods on 
these documents.

DATES: Comments by June 10, 1996.

ADDRESSES: Submit written comments to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., 
Rockville, MD 20857. Two copies of any comments are to be submitted, 
except that individuals may submit one copy. Comments should be 
identified with the appropriate docket number found in brackets in the 
heading of this document. Received comments may be seen in the office 
above between 9 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Camille Brewer, Center for Food Safety 
and Applied Nutrition (HFS-165), Food and Drug Administration, 200 C 
St. SW., Washington, DC 20204, 202-205-5966, or Susan Thompson (address 
above), 202-205-5587.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 28, 
1995, FDA published the following proposed rules:
    (1) Food Labeling; Requirements for Nutrient Content Claims, Health 
Claims, and Statements of Nutritional Support for Dietary Supplements 
(Docket No. 95N-0282 (see 60 FR 67176));
    (2) Food Labeling; Nutrient Content Claims: Definition for ``High 
Potency'' Claim for Dietary Supplements and Definition of 
``Antioxidant'' for Use in Nutrient Content Claims for Dietary 
Supplements and Conventional Foods (Docket No. 95N-0347 (see 60 FR 
67184)); and
    (3) Food Labeling; Statement of Identity, Nutrition Labeling and 
Ingredient Labeling of Dietary Supplements (Docket No. 95N-0245 (see 60 
FR 67194)).
    Interested persons were given until March 13, 1996, to comment on 
the proposals. FDA received several requests for brief extensions of 
the comment periods to properly respond to the proposals. After careful 
consideration, FDA decided to extend the comment periods to April 11, 
1996 (61 FR 11349, March 20, 1996). FDA placed a memorandum, dated 
March 13, 1996, that reflected that decision in each of the referenced 
dockets.
    During the extended comment period, FDA has received additional 
requests for longer extensions of the comment periods. The dietary 
supplement industry has stated that it is conducting consumer research 
to determine how consumers perceive nutrition label terms and what 
label approaches are most usable by average consumers. Having carefully 
considered these requests, the agency has decided to grant a further 
extension of the comment period until June 10, 1996.
    This extension will mean that it will be extremely difficult for 
the agency to publish final rules and the industry to comply with these 
final rules before the January 1, 1997 compliance date established in 
the Dietary Supplement Health and Education Act (the DSHEA). Given this 
fact, FDA is now considering exercising its enforcement discretion with 
respect to the DSHEA such that it will not enforce the provisions of 
the DSHEA until January 1, 1998, which coincides with the next uniform 
compliance date for food labeling regulations that FDA is proposing 
elsewhere in this issue of the Federal Register. FDA requests comments 
on this use of its enforcement discretion.

    Dated: April 10, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-9318 Filed 4-10-96; 5:08 pm]
BILLING CODE 4160-01-F