[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Notices]
[Pages 42909-42910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21048]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 96D-0267]


Compliance Policy Guides; Revocation and Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
revocation of three compliance policy guides (CPG's) because they are 
outdated and have been superseded by the more comprehensive seafood 
nomenclature guidance contained in FDA's ``Seafood List.'' To reflect 
its reliance on the ``Seafood List,'' FDA also is announcing the 
availability of a new CPG. These actions are being taken to ensure that 
FDA's CPG's accurately reflect current agency views on compliance 
policy.

DATES: Written comments may be submitted at any time.

ADDRESSES: Submit written requests for single copies of CPG Sec. 
540.750 ``Common or Usual Names for Seafood In Interstate Commerce'' 
(CPG 7108.26) to the Director, Division of Enforcement Policy (HFC-
230), Office of Enforcement, Food and Drug Administration, 5600 Fishers 
Lane, Rockville, MD 20857. Send a self-addressed adhesive label to 
assist that office in processing your requests. Submit written comments 
on CPG 7108.26 to the Dockets Management Branch (HFA-305), Food and 
Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. 
Requests and comments should be identified with the docket number found 
in brackets in the heading of this document. A copy of CPG Sec. 540.100 
``Capelin; Prohibited From Being Labeled as Smelt'' (CPG 7108.22), CPG 
Sec. 540.300 ``Crabmeat--Product Name'' (CPG 7108.04), and CPG Sec. 
540.350 ``Common or Usual Names for Crustaceans'' (CPG 7108.23) and 
received comments are available for public examination in the Dockets 
Management Branch between 9 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Spring C. Randolph, Center for Food 
Safety and Applied Nutrition (HFS-416), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204.
SUPPLEMENTARY INFORMATION: FDA is revoking three of its CPG's that 
address the labeling of seafood because they have been superseded by 
more comprehensive guidance provided by the ``Seafood List.'' The 
following three compliance policy guides are being revoked: (1) CPG 
Sec. 540.100 ``Capelin; Prohibited From Being Labeled as Smelt'' (CPG 
7108.22); (2) CPG Sec. 540.300 ``Crabmeat--Product Name'' (CPG 
7108.04); and (3) CPG Sec. 540.350 ``Common or Usual Names for 
Crustaceans'' (CPG 7108.23). The above CPG's are superseded by FDA's 
``Seafood List.'' The ``Seafood List'' includes more accurate and 
comprehensive guidance than that contained in these CPG's.
    Developed in recognition of the need for a single source of 
recommended market names for an expanding variety of seafood, the 
``Seafood List'' is a revision of the ``FDA Guide to Acceptable Market 
Names for Food Fish Sold in Interstate Commerce'' (sometimes referred 
to as the ``Fish

[[Page 42910]]

List''). FDA developed the ``Fish List'' jointly with the National 
Marine Fisheries Service, U.S. Department of Commerce, to provide a 
source of names that would facilitate uniform species identification 
and labeling within the industry and would reduce confusion among 
consumers. The ``Seafood List'' revises and expands the list of names 
to include invertebrate seafood species (mollusks and crustaceans). FDA 
announced the availability of, and solicited comments on, the ``Seafood 
List'' in the Federal Register of September 14, 1994 (59 FR 47144). The 
``Seafood List'' represents an extensive, although not complete, 
listing of seafood commonly sold in the United States.
    FDA also is announcing the availability of CPG Sec. 540.750 
``Common or Usual Names for Seafood in Interstate Commerce,'' which 
announces FDA's intent to use the ``Seafood List'' as guidance for the 
selection of suitable common or usual names of a wide range of seafood 
products. FDA considers the ``Seafood List'' to represent the type of 
statement of agency policy that normally appears in the Compliance 
Policy Guides Manual.
    Therefore, CPG's Sec. 540.100, Sec. 540.300, and Sec. 540.350 are 
obsolete and are hereby revoked. In their place, FDA is issuing CPG 
Sec. 540.750 to reflect how the agency intends to use the ``Seafood 
List.''
    Interested persons may, at any time, submit written comments on CPG 
Sec. 540.750 or any of its CPG's to the Dockets Management Branch 
(address above). Comments should be identified with the docket number 
found in brackets in the heading of this document. The agency accepts 
comments but is not compelled to respond to each comment. All comments 
will be included in the docket and will be available for public review.
    Although CPG Sec. 540.750 does not create or confer any rights for, 
or on, any person and does not operate to bind FDA or the public, it 
does represent the agency's current thinking on the most appropriate 
common or usual names for seafood. FDA is making it available to ensure 
that both the public and agency employees are fully aware of that 
thinking.

    Dated: August 12, 1996.
Ronald G. Chesemore,
Associate Commissioner for Regulatory Affairs.
[FR Doc. 96-21048 Filed 8-16-96; 8:45 am]
BILLING CODE 4160-01-F