[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67451-67452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32428]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 93N-0153]
RIN 0910-AA19


Food Labeling; Nutrient Content Claims and Health Claims; 
Restaurant Foods; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a final 
rule that appeared in the Federal Register of August 2, 1996 (61 FR 
40320). The document amended the food labeling regulations to remove 
the provisions that exempt restaurant menus from the requirements for 
how nutrient content claims and health claims are to be made and from 
the requirements for the provision of nutrition information with 
respect to the nutrients that are the basis for the claim, when claims 
are made. The document was published with some errors. Among other 
things, FDA inadvertently neglected to remove the reference to 
restaurant menus from 21 CFR 101.13(b). This document corrects those 
errors.

EFFECTIVE DATE: May 2, 1997.

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:
    These corrections do not, in any way, alter the scope or intent of 
the August 2, 1996, final rule.
    In FR Doc. No. 96-19645, appearing on page 40320 in the Federal 
Register of Friday, August 2, 1996, the following corrections are made:
    1. On page 40321, in the first column, in the second full 
paragraph, in the third and fourth lines, ``Sec. 101.13(q)(5) (21 CFR 
101.13(q)(5)) exempts'' is corrected to read ``Sec. 101.13(b) and 
(q)(5) (21 CFR 101.13(b) and (q)(5)) exempt''.
    2. On page 40325, in the third column, in the first full paragraph, 
in line 12, after ``(2)'' the phrase ``from Sec. 101.13(b), pertaining 
to nutrient content claims, the language that reads ``* * *, with the 
exception to such claims on restaurant menus, * * *'';'' is added, and 
in line 13 add ``(3)'' before the phrase ``from Sec. 101.13(q)(5),''; 
and in line 16, ``(3)'' is removed and ``(4)'' is added in its place.
    3. On page 40328, in the second column, in the 18th line from the 
bottom of the page, ``(b) and '' is added between ``101.13'' and 
``(q)(5)''. In the third column, in the second full paragraph, the 
first sentence is corrected to read ``Thus, the deletion of the phrase 
`(except for menus)' that exempted menus from nutrient content claim 
requirements in Secs. 101.10 and 101.13(q)(5) and the deletion of the 
phrase `,with the exception of such claims on restaurant menus,' in 
Sec. 101.13(b) will be effective on May 2, 1997.''

[[Page 67452]]

    4. On page 40331, in the first column, under the caption 
``Description:'', in line 10, ``(b) and '' is added between ``101.13'' 
and ``(q)(5)''. On the same page, in the second column, in the first 
full paragraph, in line 25, ``(b) and '' is added between ``101.13'' 
and ``(q)(5)'', and in the same paragraph, the first 23 lines are 
removed. The paragraph now begins with ``Once it becomes effective''.
    5. On page 40332, in the second column, amendatory item ``3.'' is 
corrected to read as follows:
    3. Section 101.13 is amended by revising the introductory text of 
paragraphs (b) and (q)(5) to read as follows:


Sec. 101.13  Nutrient content claims--general principles.

 * * * * *
    (b) A claim that expressly or implicitly characterizes the level of 
a nutrient (a nutrient content claim) of the type required in nutrition 
labeling under Sec. 101.9 may not be made on the label or in labeling 
of foods unless the claim is made in accordance with this section and 
with the applicable regulations in subpart D of this part or in part 
105 or part 107 of this chapter.
* * * * *
    (q) * * *
    (5) A nutrient content claim used on food that is served in 
restaurants or other establishments in which food is served for 
immediate human consumption or which is sold for sale or use in such 
establishments shall comply with the requirements of this section and 
the appropriate definition in subpart D of this part, except that:
* * * * *

    Dated: December 13, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-32428 Filed 12-20-96; 8:45 am]
BILLING CODE 4160-01-F