[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Pages 65490-65491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31637]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 96-022P]
RIN 0583-AC15


Nutrition Labeling; Reference Daily Intakes

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
establish Reference Daily Intakes (RDI's) for vitamin K, selenium, 
manganese, chromium, molybdenum, and chloride for use in calculating 
the ``percent daily values'' of these nutrients per serving of a meat 
or poultry product. Percent daily values are presented in the 
``Nutrition Facts'' boxes on meat, poultry, and other food product 
labels. FSIS is also proposing to modify the units of measure of the 
RDI's for calcium, folate, biotin, and phosphorous. The proposed 
actions would help provide consumers with accurate, informative 
labeling on meat and poultry products that conforms with the labeling 
on other foods.

DATES: Comments must be received on or before February 11, 1997.

ADDRESSES: Submit an original and two copies of comments to: FSIS 
Docket Clerk, Docket #96-022P, Room 3806, 1400 Independence Avenue, SW, 
Washington, DC 20250-3700. Reference material cited in this document 
and any comments received will be available for public inspection in 
the FSIS Docket Room from 8:30 a.m. to 1 p.m. and from 2 p.m. to 4:30 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director, 
Facilities, Equipment, Labeling & Compounds Review Division, Office of 
Policy, Program Development, and Evaluation, (202) 418-8900.

SUPPLEMENTARY INFORMATION:

Background

    The meat and poultry inspection regulations at 9 CFR part 317, 
subpart B, and 381, subpart Y, establish, among other things, the 
voluntary nutrition labeling requirements for raw, single-ingredient, 
meat and poultry products and the mandatory nutrition labeling 
requirements for all other meat and poultry products. The FSIS 
nutrition labeling regulations parallel, to the extent possible, those 
administered by the Food and Drug Administration (FDA), because FSIS 
and FDA agree that conveying nutrition information to consumers in a 
clear, uniform way for all types of foods helps them in making informed 
dietary choices. FSIS's nutrition labeling regulations list the same 
reference values for vitamins, minerals, and other nutrients as do 
FDA's regulations.
    FDA amended its nutrition labeling regulations on December 28, 
1995, with a final rule (60 FR 67164, ``Food Labeling: Reference Daily 
Intakes'')

[[Page 65491]]

establishing RDI's for vitamin K, selenium, manganese, chromium, 
molybdenum, and chloride. The FDA rule also modified the units of 
measure used in expressing the RDI values for calcium, folate, biotin, 
and phosphorus. RDI's for vitamins and minerals and daily reference 
values (DRV's) for other nutrients are used by food companies in 
calculating the ``percent daily values'' that appear in the ``Nutrition 
Facts'' boxes on food product labels. The RDI's themselves do not 
appear on the labels.
    The RDI's adopted by FDA for the vitamin and minerals addressed in 
that Agency's final rule are based on recommendations made during the 
1980's by the National Academy of Sciences (NAS). FSIS agrees with 
FDA's decision to adopt these RDI's and proposes to require use of the 
same RDI's, as applicable, in developing nutrition labeling for meat 
and poultry products. Specifically, FSIS proposes to amend 9 CFR 
317.309(c)(8)(iv) and 381.409(c)(8)(iv) to include the following RDI 
values: Vitamin K, 80 micrograms; selenium, 70 micrograms; molybdenum, 
75 micrograms; and chloride, 3,400 milligrams.
    In the same December 1995 final rule, FDA changed the units of 
measure for expressing the RDI's for biotin and folate from milligrams 
to micrograms and for calcium and phosphorous from grams to milligrams. 
These are the same units that the NAS used for expressing quantities of 
these minerals in the recommendations followed by FDA. FSIS concurs 
with FDA's choice of these units and is proposing to amend 9 CFR 
317.309(c)(8)(iv) and 381.409(c)(8)(iv) by changing the units of 
measure for calcium, folate, biotin, and phosphorus to the following: 
Calcium, milligrams; folate, micrograms; biotin, micrograms; and 
phosphorous, milligrams.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All state 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant under 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    The Administrator has made an initial determination that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities, as defined by the Regulatory 
Flexibility Act (5 U.S.C. 601). Small meat and poultry establishments 
are exempt from nutrition labeling, as long as labeling of their 
products bears no nutrition claims or information. The proposed rule 
will not impose any new requirements on affected establishments. 
Rather, it will provide greater flexibility for declaring nutrient 
information on the labeling of meat and poultry products.

Paperwork Requirements

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects

9 CFR Part 317

    Food labeling, Food packaging, Meat inspection.

9 CFR Part 381

    Food labeling, Poultry and poultry products.

    For reasons discussed in the preamble, FSIS is proposing to amend 9 
CFR parts 317 and 381 of the Federal meat and poultry products 
inspections regulations as follows:

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

    1. The authority citation for part 317 would continue to read as 
follows:
    Authority : 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.

    2. Section 317.309 would be amended by revising paragraph 
(c)(8)(iv) to read as follows:

Sec. 317.309  Nutrition label content.

* * * * *
    (c) * * *
    (8) * * *
    (iv) The following RDI's and nomenclature are established for the 
following vitamins and minerals which are essential in human nutrition:

Vitamin A, 5,000 International Units
Vitamin C, 60 milligrams
Calcium, 1,000 milligrams
Iron, 18 milligrams
Vitamin D, 400 International Units
Vitamin E, 30 International Units
Vitamin K, 80 micrograms
Thiamin, 1.5 milligrams
Riboflavin, 1.7 milligrams
Niacin, 20 milligrams
Vitamin B6, 2.0 milligrams
Folate, 400 micrograms
Vitamin B12, 6 micrograms
Biotin, 300 micrograms
Pantothenic acid, 10 milligrams
Phosphorus, 1,000 milligrams
Iodine, 150 micrograms
Magnesium, 400 milligrams
Zinc, 15 milligrams
Selenium, 70 micrograms
Copper, 2.0 milligrams
Manganese, 2.0 milligrams
Chromium, 120 micrograms
Molybdenum, 75 micrograms
Chloride, 3,400 milligrams
* * * * *

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    3. The authority citation for part 381 would continue to read as 
follows:

    Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 
2.18, 2.53.

    4. Section 381.409 would be amended by revising paragraph 
(c)(8)(iv) to read as follows:


Sec. 381.409  Nutrition label content.

* * * * *
    (c) * * *
    (8) * * *
    (iv) The following RDI's and nomenclature are established for the 
following vitamins and minerals which are essential in human nutrition:

Vitamin A, 5,000 International Units
Vitamin C, 60 milligrams
Calcium, 1,000 milligrams
Iron, 18 milligrams
Vitamin D, 400 International Units
Vitamin E, 30 International Units
Vitamin K, 80 micrograms
Thiamin, 1.5 milligrams
Riboflavin, 1.7 milligrams
Niacin, 20 milligrams
Vitamin B6, 2.0 milligrams
Folate, 400 micrograms
Vitamin B12, 6 micrograms
Biotin, 300 micrograms
Pantothenic acid, 10 milligrams
Phosphorus, 1,000 milligrams
Iodine, 150 micrograms
Magnesium, 400 milligrams
Zinc, 15 milligrams
Selenium, 70 micrograms
Copper, 2.0 milligrams
Manganese, 2.0 milligrams
Chromium, 120 micrograms
Molybdenum, 75 micrograms
Chloride, 3,400 milligrams
* * * * *
    Done at Washington, DC, on: December 6, 1996.
Thomas J. Billy,
Administrator.
[FR Doc. 96-31637 Filed 12-12-96; 8:45 am]
BILLING CODE 3410-DM-P