[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Notices]
[Pages 77499-77500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31720]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 01P-0150]


Salad Dressing 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 the 
extension of a temporary permit issued to Kraft Foods, Inc., to market 
test products designated as ``salad dressing'' that deviate from the 
U.S. standard of identity for salad dressing. The extension will allow 
the permit holder to continue to collect data on the consumer 
acceptance of products, identify mass production problems, and assess 
commercial feasibility, in support of a petition to amend the standard 
of identity for salad dressing.

DATES: The new expiration date of the permit will be either the 
effective date of a final rule amending the standard of identity for 
salad dressing that may result from the 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, 
5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-2371.

SUPPLEMENTARY INFORMATION: In accordance with Sec.  130.17 (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 ``salad dressing'' that deviate from the requirement of 
the standard of identity for salad dressing in 21 CFR 169.150 (66 FR 
18957, April 12, 2001). The agency issued the permit to facilitate 
market testing of products that deviate from the requirements of the 
standard of identity for salad dressing 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 that deviate from the 
standard for salad dressing in 21 CFR 169.150. The products may contain 
potassium sorbate at levels not to exceed 1 percent, and must contain 
not less yolk-containing ingredient than is equivalent to 2 percent by 
weight of liquid egg yolks (the food standard

[[Page 77500]]

requires 4 percent). The test product meets all the requirements of the 
standard with the exception of these deviations.
    On April 19, 2002, 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 the petition to amend the standard for salad 
dressing. The petitioner requests FDA to revise, simplify, and 
modernize the standard for salad dressing.
    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 salad dressing to gain information on consumer 
expectations and acceptance. FDA is inviting interested persons to 
participate in the market test under the conditions that apply to Kraft 
Foods, Inc. (e.g., the composition of the test product), except for the 
designated area of distribution. Any person who wishes to participate 
in the extended market test must notify, in writing, the Team Leader, 
Conventional Foods Team, Division of Standards and Labeling 
Regulations, Office of Nutritional Products, Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition (HFS-822), 
Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 
20740. The notification must include a description of the test products 
to be distributed, justification 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 Sec.  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 of 150 million pounds of product on an annual basis. The test 
products will bear the name ``salad dressing.'' 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 
salad dressing that may result from the petition or 30 days after 
denial of the petition, which ever the case may be. All other 
conditions and terms of this permit remain the same.

    Dated: December 9, 2002.
Christine Taylor,
Director, Office of Nutritional Products, Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. 02-31720 Filed 12-17-02; 8:45 am]
BILLING CODE 4160-01-S