[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Rules and Regulations]
[Pages 14817-14818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7983]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
21 CFR Parts 101, 104, and 135


Foods and Drugs; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

Action: Final rule; technical amendments.

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SUMMARY: The Food and Drug Administration (FDA) is amending its 
regulations to correct certain errors that have become incorporated 
into the food labeling regulations. This action is being taken to 
improve the accuracy and clarity of the regulations.

EFFECTIVE DATE: March 27, 1998

FOR FURTHER INFORMATION CONTACT: Theresa L. Thomas, Center for Food 
Safety and Applied Nutrition (HFS-150), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-4561.

SUPPLEMENTARY INFORMATION: FDA has discovered that certain errors have 
become incorporated into the agency's codified regulations on food 
labeling. FDA is correcting these nonsubstantive errors.
    In the Federal Register of June 3, 1996 (61 FR 27771), FDA 
published a final rule entitled ``Revocation of Certain Regulations 
Affecting Food.'' The final rule, among other things, revoked 
Sec. 100.130 (21 CFR 100.130). However, in issuing the rule, the agency 
inadvertently neglected to remove the cross-reference to Sec. 100.130 
in Sec. 101.2. Also in the Federal Register of January 6, 1993 (58 FR 
2079), FDA published a final rule entitled ``Food Labeling: Mandatory 
Status of Nutrition Labeling and Nutrient Content Revision, Format for 
Nutrition Label.'' The 1993 final rule, among other things, revised 
Sec. 101.9 (21 CFR 101.9) in its entirety. However, in issuing the 1993 
final rule, the agency inadvertently neglected to revise the reference 
to ``Sec. 101.9(e)'' that appeared in Secs. 101.12 and 104.5 (21 CFR 
101.12 and 104.5) to read ``Sec. 101.9(g).'' In this order, FDA is 
amending Secs. 101.2, 101.12, and 104.5 to correct these inadvertent 
omissions.
    In addition to these modifications, FDA is making a number of other 
minor corrections involving spelling and punctuation errors.
    Publication of this document constitutes final action on these 
changes under the Administrative Procedure Act (5 U.S.C. 553). Notice 
and public procedure are unnecessary because FDA is merely correcting 
nonsubstantive errors.

Lists of Subjects

21 CFR Part 101

    Food labeling, Nutrition, Reporting and recordkeeping requirements.

21 CFR Part 104

    Food grades and standards, Frozen foods, Nutrition.

21 CFR Part 135

    Food grades and standards, Food labeling, Frozen foods, Ice cream.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 
101, 104, and 135 are amended as follows:

PART 101--FOOD LABELING

    1. The authority citation for 21 CFR part 101 continues to read as 
follows:

    Authority: 15 U.S.C. 1453, 1454, 1455; 21 U.S.C. 321, 331, 342, 
343, 348, 371.

Sec. 101.2  [Amended]

    2. Section 101.2 Information panel of package form food is amended 
by removing paragraph (c)(1)(ii)(B)(3)(i) and by redesignating 
paragraphs (c)(1)(ii)(B)(3)(ii), (c)(1)(ii)(B)(3)(iii), and 
(c)(1)(ii)(B)(3)(iv) as paragraphs (c)(1)(ii)(B)(3)(i), 
(c)(1)(ii)(B)(3)(ii), and (c)(1)(B)(3)(iii), respectively.

[[Page 14818]]

Sec. 101.12  [Amended]

    3. Section 101.12 Reference amounts customarily consumed per eating 
occasion is amended in paragraph (e)(2) by removing the citation 
``Sec. 101.9(e)'' and adding in its place ``Sec. 101.9(g).''


Sec. 101.13  [Amended]

    4. Section 101.13 Nutrient content claims--general principles is 
amended in paragraph (q)(8) by revising the words ``fluoridated 
fluoride added'' to read ``fluoridated, fluoride added,''.


Sec. 101.22  [Amended]

    5. Section 101.22 Foods; labeling of spices, flavorings, colorings 
and chemical preservatives is amended in the third sentence of 
paragraph (i)(4) by removing the phrase ``A flavor used'' and adding in 
its place the phrase ``A flavor user''.

PART 104--NUTRITIONAL QUALITY GUIDELINES FOR FOODS

    6. The authority citation for 21 CFR part 104 continues to read as 
follows:

    Authority: 21 U.S.C. 321, 343, 371(a).

Sec. 104.5  [Amended]

    7. Section 104.5 General principles is amended in paragraph (e) by 
removing the citation ``Sec. 101.9(e)'' and adding in its place 
``Sec. 101.9(g)''.

PART 135--FROZEN DESSERTS

    8. The authority citation for 21 CFR part 135 continues to read as 
follows:

    Authority: 21 U.S.C. 321, 341, 343, 348, 371, 379e.

Sec. 135.110  [Amended]

    9. Section 135.110 Ice cream and frozen custard is amended in 
paragraph (f)(3)(i) by removing the citation to paragraph 
``(e)(2)(ii)'' and adding in its place ``(f)(2)(ii)''.

    Dated: March 19, 1998.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 98-7983 Filed 3-26-98; 8:45 am]
BILLING CODE 4160-01-F