[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Notices]
[Page 43325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16164]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 02N-0178]


Canned Tomatoes Deviating From Identity Standard; Temporary 
Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
temporary permit has been issued to Del Monte Corp. to market test 
canned tomato products that deviate from the U.S. standard of identity 
for canned tomatoes. The purpose of the temporary permit is to allow 
the applicant to measure consumer acceptance of the products, identify 
mass production problems, and assess commercial feasibility, in support 
of a petition to amend the standard of identity for canned tomatoes.

DATES: This permit is effective for 15 months, beginning on the date 
the food is introduced or caused to be introduced into interstate 
commerce, but not later than September 25, 2002.

FOR FURTHER INFORMATION CONTACT: Ritu Nalubola, Center for Food Safety 
and Applied Nutrition (HFS-822), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 301-436-2371.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 130.17 concerning 
temporary permits to facilitate market testing of foods deviating from 
the requirements of the standards of identity issued under section 401 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341), FDA is 
giving notice that a temporary permit has been issued to Del Monte 
Corp., One Market @ The Landmark, P.O. Box 193575, San Francisco, CA 
94119-3575.
    The permit covers limited interstate marketing tests of products 
identified as ``Stewed Tomatoes, Original Recipe,'' ``Chunky Tomatoes, 
Pasta Style,'' ``Diced Tomatoes, basil, garlic & oregano,'' ``Diced 
Tomatoes, garlic & onion,'' ``Diced Tomatoes, green pepper & onion,'' 
``Tomato Wedges,'' ``Zesty Chunky Tomatoes, Chili Style,'' ``Stewed 
Tomatoes, Cajun Recipe with pepper, garlic, and Cajun spices,'' 
``Stewed Tomatoes, Italian Recipe with basil, garlic & oregano,'' 
``Stewed Tomatoes, Mexican Recipe with garlic, cumin, and 
jalape[ntilde]os'' and ``Stewed Tomatoes, no salt added.'' These canned 
tomato products may deviate from the U.S. standard of identity for 
canned tomatoes (21 CFR 155.190) in two ways. First, a liquid 
carbohydrate sweetener, either corn syrup or high fructose corn syrup, 
is used as an optional ingredient in lieu of dry nutritive carbohydrate 
sweeteners. The liquid carbohydrate sweetener, corn syrup or high 
fructose corn syrup, is used in a quantity reasonably necessary to 
compensate for the tartness resulting from added organic acids, except 
that such addition of the liquid sweetener, in no case, may result in a 
finished canned tomato product with a tomato soluble solids content of 
less than 5.0 percent by weight as defined in 21 CFR 155.3(e) (which 
accounts for any added salt) and accounting for the soluble solids of 
the liquid sweetener. The feasibility of this tomato soluble solids 
requirement will be assessed during the temporary marketing of the test 
products. Second, this temporary marketing permit provides for use of 
the term ``chunky'' in lieu of the styles (i.e., whole, sliced, diced, 
and wedges) required by the standard. Except for the use of a liquid 
sweetener and the use of the alternative term ``chunky'' on some 
products, the test products meet all the requirements of the standard. 
Because test preferences vary by area, along with social and 
environmental differences, the purpose of this permit is to test the 
product throughout the United States.
    This permit provides for the temporary marketing of a total of 5.6 
million cases (5 million pounds or 2.3 million kilograms in weight) of 
the above-mentioned canned tomato products. The test products will be 
manufactured by Del Monte Corp. at 10652 Jackson Ave., Hanford, CA 
93230. The products will be distributed by Del Monte Corp. in the 
United States. The information panel of the labels will bear nutrition 
labeling in accordance with 21 CFR 101.9. Each of the ingredients used 
in the food must be declared on the labels as required by the 
applicable sections of 21 CFR part 101. This permit is effective for 15 
months, beginning on the date the food is introduced or caused to be 
introduced into interstate commerce, but not later than September 25, 
2002.

    Dated: June 19, 2002.
Christine Taylor,
Dierector, Office Nutritional Products, Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. 02-16164 Filed 6-26-02; 8:45 am]
BILLING CODE 4160-01-S