[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Notices]
[Page 83040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33373]



[[Page 83040]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 98P-1121]


Grated Parmesan Cheese Deviating From Identity Standard; 
Temporary Permit for Market Testing; Extension of Temporary Permit

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; extension of temporary permit.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
extension of a temporary permit issued to Kraft Foods, Inc., to market 
test products designated as ``100% Grated Parmesan Cheese'' that 
deviate from the U.S. standards of identity for parmesan cheese and 
grated cheese. The extension will allow the permit holder to continue 
to collect data on consumer acceptance of the products while the agency 
takes action on a petition to amend the standard of identity for 
parmesan cheese that was submitted by the permit holder.

DATES: The new expiration date of the permit will be either the 
effective date of a final rule amending the standard of identity for 
parmesan cheese that may result from the permit holder's petition or 30 
days after denial of the petition, whichever the case may be.

FOR FURTHER INFORMATION CONTACT: Loretta A. Carey, Center for Food 
Safety and Applied Nutrition (HFS-822), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-4168.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 130.17, FDA issued 
a temporary permit to Kraft Foods, Inc., Three Lakes Dr., Northfield, 
IL 60093-2753, to market test products identified as ``parmesan 
cheese'' that deviate from the U.S. standards of identity for parmesan 
cheese (21 CFR 133.165) and grated cheeses (21 CFR 133.146) (see 64 FR 
16743, April 6, 1999). The agency issued the permit to facilitate 
market testing of foods deviating from the requirements of the standard 
of identity for parmesan cheese issued under section 401 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 341). The permit covers limited 
interstate market testing of products identified as ``parmesan cheese'' 
that deviate from the standardized parmesan cheese products described 
in 21 CFR part 133 in that the product is formulated by using a 
different enzyme technology that fully cures the cheese in 6 months 
rather than 10 months. The test product meets all the requirements of 
the standard with the exception of this deviation.
    On August 28, 2000, Kraft Foods, Inc. requested that its temporary 
permit be extended to allow for additional time for the market testing 
of its products under the permit in order to gain additional 
information in support of its petition. The petition requests FDA to 
amend the standard of identity for parmesan cheese to change the curing 
time from 10 months to 6 months.
    The agency finds that it is in the interest of consumers to issue 
an extension of the time period for the market testing of products 
identified as parmesan cheese to gain information on consumer 
expectation and acceptance. FDA is inviting interested persons to 
participate in the market test under the conditions that apply to Kraft 
Foods (e.g., the composition of the test product), except that a 
different condition for the designated area of distribution may apply. 
Any person who wishes to participate in the extended market test must 
notify, in writing, the Director, Division of Standards and Labeling 
Regulations, Office of Nutritional Products, Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition (HFS-820), 
Food and Drug Administration, 200 C St. SW., Washington, DC 20204. The 
notification must include a description of the test products to be 
distributed, a justification statement for the amount requested, the 
area of distribution, and the labeling that will be used for the test 
product (i.e., a draft label for each size of container and each brand 
of product to be market tested). The information panel of the label 
must bear nutrition labeling in accordance with 21 CFR 101.9. Each of 
the ingredients used in the food must be declared on the label as 
required by the applicable sections of 21 CFR part 101.
    Therefore, under the provisions of 21 CFR 130.17(i), FDA is 
extending the temporary permit granted to Kraft Foods, Inc., Three 
Lakes Dr., Northfield, IL 60093-2753 to provide for continued market 
testing on an annual basis of 86 million pounds. The test products will 
bear the name ``100% Grated Parmesan Cheese.'' FDA is extending the 
expiration date of the permit so that the permit expires either on the 
effective date of a final rule amending the standard of identity for 
parmesan cheese that may result from the permit holder's petition or 30 
days after denial of the petition, whichever the case may be. All other 
conditions and terms of this permit remain the same.

    Dated: December 12, 2000.
Christine J. Lewis,
Director, Office of Nutritional Products Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. 00-33373 Filed 12-28-00; 8:45 am]
BILLING CODE 4160-01-F