[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Proposed Rules]
[Page 52057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26450]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 101, 161, and 501

[Docket No. 92P-0441]


Food Labeling; Net Quantity of Contents; Compliance; Reopening of 
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Food and Drug Administration (FDA) is reopening until 
December 1, 1997, the comment period on a proposed rule that was 
published in the Federal Register of March 4, 1997 (62 FR 9826). The 
document proposed to revise the agency's human and animal food labeling 
regulations that pertain to declarations of net quantity of contents on 
food packages. This action is being taking to allow interested persons 
additional time to submit comments to FDA on a survey sponsored by the 
Federal Trade Commission on the accuracy of net content labeling of 
milk and other products.

DATES: Written comments by December 1, 1997.

ADDRESSES: Submit written comments to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Loretta A. Carey, 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 the Federal Register of March 4, 1997 (62 
FR 9826), FDA published a proposed rule to revise its human and animal 
food labeling regulations that pertain to declarations of net quantity 
of contents on food packages. That proposal set out procedures for 
determining whether net quantity of contents declarations accurately 
reflect the amount of product in food packages. Interested persons were 
given until June 2, 1997, to comment on the proposed rule. In the 
Federal Register of May 30, 1997 (62 FR 29313), the agency extended the 
comment period for an additional 90 days. The comment period closed on 
September 2, 1997.
    FDA has received two requests for a second 90-day extension of the 
comment period on its proposed rule on net quantity of contents on food 
packages. The requests were from trade associations that represent 
major segments of both the food and feed industries. Both requests 
stated that industry representatives would need this extension in light 
of the national 20-State survey regarding the accuracy of net content 
labeling of milk and, to a lesser extent, of other dairy products (such 
as yogurt and cottage cheese) and of juice. The survey was conducted 
because of State and local reports of short-filling in packages of milk 
served in schools or sold in retail stores. The survey was made 
available on July 17, 1997. The requests for extension of the comment 
period stated that the industry representatives needed additional time 
to review and analyze this study before they could complete their 
comments.
     FDA informally granted an extension of 28 days until September 30, 
1997, under the provisions in 21 CFR 10.40(b)(3)(ii). The agency has 
now decided, however, that extending the comment period until December 
1, 1997, as requested, will allow interested persons to fully review 
and analyze the data from the national survey. This extension will 
ensure that there is full consideration of all data and issues relating 
to the agency's net quantity of contents proposal.
    Interested persons may, on or before December 1, 1997, submit to 
the Dockets Management Branch (address above) written comments 
regarding this proposal. Two copies of any comments are to be 
submitted, except that individuals may submit one copy. Comments are to 
be identified with the 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.

    Dated: September 30, 1997.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 97-26450 Filed 10-3-97; 8:45 am]
BILLING CODE 4160-01-F