[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Proposed Rules]
[Page 13154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7056]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket Nos. 91N-384H and 96P-0500]
RIN 0910-AA19


Food Labeling; Nutrient Content Claims, Definition of Term: 
Healthy; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is extending to May 19, 
1998, the comment period for its advance notice of proposed rulemaking 
(ANPRM) on the use of the term ``healthy.'' The ANPRM was published in 
the Federal Register of December 30, 1997 (62 FR 67771). The agency is 
taking this action in response to two requests for an extension of the 
comment period. This extension is intended to provide interested 
persons with additional time to submit comments to FDA on the ANPRM.

DATES: Written comments by May 19, 1998.

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: Virginia L. Wilkening, Center for Food 
Safety and Applied Nutrition (HFS-165), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-5763.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 30, 1997 
(62 FR 67771), FDA published an ANPRM announcing that it is considering 
whether to institute rulemaking to reevaluate and possibly amend 
certain provisions of the nutrient content claims regulations 
pertaining to the use of the term ``healthy.'' In the ANPRM, FDA asked 
for information and data to help resolve the issues pertaining to the 
use of the term ``healthy'' that were raised by a petition submitted by 
ConAgra, Inc (Docket 96P-0500, CP-1). Interested persons were given 
until March 16, 1998, to submit comments on the ANPRM.
    In the Federal Register of February 13, 1998 (63 FR 7279), the U.S. 
Department of Agriculture (USDA) published an interim final rule 
extending until January 1, 2000, the effective date for certain 
requirements pertaining to the use of ``healthy'' on the label or 
labeling of meat products. In that final rule, USDA stated that written 
comments about its instituting additional rulemaking should be received 
by May 19, 1998. FDA has received letters from trade associations 
requesting the agency to extend the comment period on its ANPRM until 
May 19, 1998, to coincide with the date for USDA's interim final rule. 
The requests contend that additional time is needed for both food 
manufacturers and other interested groups to address both FDA's and 
USDA's comments. They also cite the need to coordinate comments to the 
two documents.
    FDA has decided to extend the comment period to May 19, 1998, to 
allow additional time for the submission of comments on the ANPRM. FDA 
recognizes the value in providing an extension that will allow the 
coordination of comments on these FDA and USDA documents. Accordingly, 
FDA has decided to extend the comment period to May 19, 1998, to allow 
additional time for the submission of comments on the ANPRM.
    Interested persons may, on or before May 19, 1998, submit to the 
Dockets Management Branch (address above) written comments regarding 
this proposed rule. 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: March 13, 1998.
 William K. Hubbard,
 Associate Commissioner for Policy Coordination.
[FR Doc. 98-7056 Filed 3-13-98; 3:48 pm]
BILLING CODE 4160-01-F