[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Proposed Rules]
[Pages 18560-18565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9258]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 00-046P]


Nutrition Labeling: Nutrient Content Claims on Multi-Serve, Meal-
Type Meat and Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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[[Page 18561]]

SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
amend its nutrition labeling regulations to change the definition of 
``meal-type'' products to allow for nutrient content claims on 
multiple-serve food containers, to adopt the definition of ``main 
dish'' used by the Food and Drug Administration (FDA), and to define 
how meal-type products and main dishes should be nutritionally labeled. 
The change in the definition of meal-type products would allow nutrient 
content claims to be based on 100 grams of product rather than on the 
serving size, which is based on the Reference Amounts Customarily 
Consumed (RACC) for the food components. These actions are being 
proposed in response to a petition filed by ConAgra, Inc. (the 
petitioner). The proposed changes will help to ensure that FSIS' 
nutrition labeling regulations are parallel, to the maximum extent 
possible, to the nutrition labeling regulations of FDA, which were 
promulgated under the Nutrition Labeling and Education Act (NLEA) of 
1990.

DATES: Interested persons are requested to submit written comments by 
June 16, 2003.

ADDRESSES: Submit an original and two copies of comments to the FSIS 
Docket Clerk, Room 102, Cotton Annex Building, 300 12th Street, SW., 
Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director, 
Labeling and Consumer Protection Staff, Office of Policy, Program and 
Employee Development, FSIS, at (202) 205-0279 or by fax at (202) 205-
3625.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the 
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) authorize the 
Secretary of Agriculture to establish and maintain inspection programs 
designed to ensure that meat and poultry products distributed in 
commerce are wholesome, not adulterated, and properly marked, labeled, 
and packaged. FSIS regulates the labeling of meat and poultry products, 
and FDA has responsibility for the labeling of all other foods.
    In January of 1993, FSIS and FDA published their final rules on 
nutrition labeling. Both agencies amended their respective regulations 
to (1) require either mandatory or voluntary nutrition labeling on most 
of the food products they regulate; (2) revise the list of required 
nutrients and food components; (3) specify a new format for declaring 
the nutrients and food components in nutrition labeling; (4) permit 
specific products to be exempt from nutrition labeling; (5) establish 
RACC specific for food categories; and (6) prescribe a simplified form 
of nutrition labeling and the conditions under which such labeling may 
be used.
    If people are to use the nutrition information to construct healthy 
diets that include products from across the food supply, the two 
agencies recognized that the regulations need to be as consistent as 
possible. There was overwhelming support in response to the proposal on 
claims for FSIS to proceed with the adoption of FDA-defined nutrient 
content claims, including adopting a constant value of 100 grams for 
comparison of nutrient content claims on meal-type products. As a 
result, both agencies issued regulations establishing, as nearly 
uniform as possible, definitions for nutrient content claims to allow 
consumers to make valid comparisons among food product categories.
    In addition, the agencies participated in the Interagency Committee 
on Serving Sizes to jointly establish the RACC for food and the 
criteria for converting RACC to serving sizes in common household 
measures. The final FSIS rule, among other things, established RACC for 
23 meat (9 CFR 317.12(b)) and 22 poultry product categories (9 CFR 
381.412(b)). These amounts were calculated to reflect the amount of 
food, including snacks, dinners, and condiments, that persons four 
years of age and older customarily consume. These calculations were 
based on consumption survey data and on data used by food manufacturers 
and grocers. RACC are designed to be used by food companies as the 
basis for determining the serving sizes for nutrition labeling of their 
products.
    Nutrient content claims for both FDA and FSIS are composed of two 
defined parts: The amount (weight) of the nutrient and the amount 
(generally a serving) of food in which the nutrient is found. If the 
food is considered to be an individual food, the amount of food (a 
serving) is represented as the RACC for the food category. If the food 
is a meal-type product, the amount of food is measured by weight, i.e., 
100 grams. If a ``low-fat'' or ``healthy'' claim is used, the amount of 
fat is limited to a maximum of 3 grams per RACC for individual foods 
and 3 grams per 100 grams of product for single-serve meal-type 
products.
    However, FSIS and FDA have established different criteria for what 
constitutes a meal. FSIS defined a ``meal-type'' product (9 CFR 
317.313(l) and 381.413(l)) as a product for consumption by one person 
on one eating occasion that constitutes the major portion of a meal. 
For purposes of making a nutrition claim, a meal-type product must (1) 
make a significant contribution to the diet by weighing at least 6 
ounces, but no more than 12 ounces per serving (container); (2) contain 
ingredients from two or more food groups, depending on the weight of 
the product; and (3) represent, or be in a form commonly understood to 
be, a meal (breakfast, dinner, etc). In addition, the serving size for 
meal-type products is defined as the entire content (edible portion 
only) of the package
    FDA defined a ``meal-type'' product (21 CFR 101.13(l)) for the 
purpose of making a claim as a product that makes a major contribution 
to the total diet by (1) weighing at least 10 ounces per labeled 
serving; (2) containing not less than three 40-gram portions of food or 
combinations of foods from two or more of the four food groups; and (3) 
representing, or being in a form commonly understood to be, a meal 
(breakfast, dinner, etc). FDA's regulations do not restrict the use of 
the meal-type product claims to single-serve containers.
    FDA also defined a ``main-dish'' product (21 CFR 101.13(m)) for the 
purpose of making a claim as a food that makes a major contribution to 
the meal by (1) weighing at least 6 ounces per labeled serving; (2) 
containing not less than 40 grams of food, or combinations of foods 
from at least two of four food groups; and (3) representing, or being 
in the form commonly understood to be, a main dish (i.e., not a 
beverage or dessert). FSIS regulations do not define a ``main-dish'' 
product.
    FSIS' and FDA's rationale for allowing different criteria to serve 
as the basis for evaluating nutrient content claims on meal-type 
products versus other types of foods is that meal-type products have 
potentially large variations in amounts customarily consumed, and the 
average serving size would not be an appropriate basis for comparison 
of nutrients. Rather, a constant value of 100 grams was determined to 
be an appropriate basis. It was further reasoned that restricting this 
category to a single-serving criterion and requiring that products 
within the category be represented as a meal would adequately 
distinguish these products from other similarly formulated products.

ConAgra's Petition

    In September 1998, ConAgra petitioned FSIS to amend the definition

[[Page 18562]]

of ``meal-type'' products in its regulations to allow nutrient content 
claims on multi-serve food containers based on the same criteria as for 
meals that are sold in single-serving containers. Specifically, the 
petitioner sought an amendment of the definition of ``meat'' (9 CFR 
317.313(l)) to include product in multiple-serving containers in the 
general principles (9 CFR 317.313) and the ``healthy'' regulations (9 
CFR 317.363). FSIS' initial response was that the few changes requested 
by the petitioner would not be sufficient to address all of the issues 
and amend the regulations so that manufacturers can make consistent 
nutrition content claims on multi-serve containers. FSIS requested that 
the petitioner provide additional data to justify the changes it is 
seeking and clearly state the need for consistent definitions for main 
dish and meal-type products that do not compromise the established RACC 
for food products and that are consistent with the intent of the NLEA.
    After several follow-up discussions with FSIS, ConAgra provided the 
Agency with marketing and consumption data that FSIS termed 
insufficient to justify granting the change in the regulations. FSIS 
said that it was concerned that to allow such claims could confuse and 
mislead consumers, create market inequities between sellers of 
individual food products and sellers of meal-type products, and 
discourage the development of products eligible for such claims. The 
Agency said that the data submitted by the petitioner did not alleviate 
those concerns.
    In 2001, FSIS concluded that more conclusive data submitted by the 
petitioner indicated that there was a market for multi-serve meals that 
did not exist in 1993 when the nutrition labeling regulations were 
issued. Because of the increasing popularity of multi-serve meals and 
evidence that a significant number of consumers were purchasing such 
meals, FSIS said it was prepared to consider changing the regulatory 
definition of ``meal-type'' products and allowing nutrient content 
claims based on a 100 gram criterion as long as there are no 
established RACC for the food product category in question. It also 
said that consistency in nutrient content claims and RACC criteria for 
all meat and poultry products must be maintained in accordance with the 
regulations. The Agency noted that if Federal regulations regarding the 
basis for which nutrient content claims are made are modified for 
consistency, FSIS and FDA need identical definitions for what 
constitutes a meal and a main-dish product. FSIS granted the petition 
in November 2001. The petition and the supporting documentation are 
available in the FSIS Docket Room (see ADDRESSES) and on the FSIS Web 
site at http://www.fsis.usda.gov.

Costs and Benefits Associated With the Proposal

    No significant cost impact is seen as a result of this proposed 
rule. All costs would be borne by industry, which petitioned for the 
change. The only labels that would be affected would be those of multi-
serve, meal-type products above 6 ounces that would be able to bear 
nutrient content claims. The Agency believes that no more than 300 
products currently on the market will be affected by the change. Lean 
and extra-lean products that have the same definition for meal-type 
products as main-dish products would not be affected. Therefore, the 
expected additional labeling costs would be nominal for the industry.
    A more consistent format across similar food products would be of 
benefit to consumers, who would be able to make more informed choices 
in their food purchases. There is evidence that consumers are 
experiencing some confusion about how some food products are labeled.

The Proposed Rule

    The proposed rule would provide consumers of meat and poultry 
products with additional consistency in nutrition labeling with FDA's 
requirements by amending Sec.  317.309 and the parallel poultry 
regulations at Sec.  381.409 to provide for the nutrition labeling of 
multi-serve meal-type products and of main-dish products. The proposal 
also would amend Sec.  317.313(l) and Sec.  317.313(m) and the parallel 
poultry regulations at Sec.  381.413(l) and Sec.  381.413(m) by 
revising the definitions of a ``meal-type'' product and a ``main-dish'' 
product for the purpose of making a claim on the packaging of the food 
products. In addition, the proposal would amend the individual nutrient 
content claim regulations for both meat and poultry products.
    FSIS' paramount objectives in considering modification to its 
nutrition labeling regulations were that such changes not undermine the 
basic principles or intent of the misbranding provisions of the Federal 
Meat Inspection Act and the Poultry Products Inspection Act, and that 
such modifications result in labels that would not mislead consumers or 
create unfair marketing advantages for any segment of the food 
industry. The Agency also was concerned about extending the use of the 
100-gram criterion for nutrient content claims to include products not 
in single-serve containers. Although useful, the 100-gram criterion 
does not provide nutrient information to consumers that is as 
definitive as the amount of nutrient per RACC.
    However, in the interests of maintaining consistency between FSIS 
and FDA and of providing incentives to industry to develop meals and 
main dishes in multi-serve containers that are able to bear nutrient 
content claims, FSIS is proposing changes in its nutrition labeling 
regulations. The Agency believes that consumers will benefit from the 
information on the containers of products that were formulated to 
qualify to bear such claims.

Executive Order 12866 and the Regulatory Flexibility Act

    This proposed rule has been determined to be not economically 
significant for the purposes of Executive Order 12866 and, therefore, 
has not been reviewed by the Office of Management and Budget. FSIS is 
responding to an industry petition for a labeling change affecting 
approximately 300 food products.

Executive Order 12778

    This proposal has been reviewed under Executive Order 12778, Civil 
Justice Reform. When this rule becomes final:
    (1) All State and local laws and regulations that are inconsistent 
with this rule will be preempted: (2) no retroactive effect will be 
given to this rule: and (3) administrative proceedings will not be 
required before parties may file suit in court challenging this rule.

Effect on Small Entities

    The Administrator, FSIS, has made a determination that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposal would change the 
definition of ``meal-type'' products to allow for nutrient content 
claims on multi-serve food containers and adopt FDA's definition of 
``main-dish'' products. In addition, small entities are exempt from 
nutrition labeling regulations if their products do not make nutrition 
claims or bear nutrition information.

Additional Public Notification

    Public involvement in all segments of rulemaking and policy 
development is important. Consequently, in an effort to better ensure 
that minorities, women, and persons with disabilities are aware of this 
proposed rule and are informed

[[Page 18563]]

about the mechanism for providing their comments, FSIS will announce it 
and make copies of this Federal Register publication through the FSIS 
Constituent Update, which is communicated via Listserv, a free e-mail 
subscription service. In addition, the update is available on-line 
through the FSIS Web page located at http://www/fsis.uisda.gov. The 
update is used to provide information regarding FSIS policies, 
procedures, regulations, Federal Register, FSIS public meetings, 
recalls, and any other types of information that could affect or would 
be of interest to our constituents and stakeholders. The constituent 
Listserv consists of industry, trade, and farm groups, consumer 
interest groups, allied health professionals, scientific professionals, 
and other persons who have requested to be included. Through the 
Listserv and Web page, FSIS is able to provide information to a much 
broader, more diverse audience.
    For more information, contact the Congressional and Public Affairs 
Office, at (202) 720-9113. To be added to the free e-mail subscription 
service (Listserv), go to the ``Constituent Update'' page on the FSIS 
Web site at http://www.fsis.usda.gov/oa/update.htm. Click on the 
``Subscribe to the Constituent Update Listserv'' link, then fill out 
and submit the form.

Paperwork Requirements

    This proposed rule has been reviewed under the Paperwork Reduction 
Act and imposes no new paperwork or recordkeeping requirements.

List of Subjects

9 CFR Part 317

    Food labeling, Food packaging, Meat inspection, Nutrition.

9 CFR Part 381

    Food labeling, Food packaging, Nutrition, Poultry and poultry 
products.

Proposed Rule

    For the reasons discussed in the preamble, FSIS is proposing to 
amend 9 CFR, Parts 317 and 381, as follows:

PART 317--LABELING, MARKING DEVICES AND CONTAINERS

    1. The authority citation for 9 CFR part 317 continues to read as 
follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.

    2. Section 317.309 would be amended by revising paragraph (b)(12) 
to read as follows:


Sec.  317.309  Nutrition label content.

* * * * *
    (b) * * *
    (12) The serving size for meal-type products and main-dish products 
as defined in Sec.  317.313(l) and Sec.  317.313(m) in single-serving 
containers will be the entire edible content of the package. Serving 
size for meal-type products and main-dish products in multi-serve 
containers will be based on the reference amount applicable to the 
product in Sec.  317.312(b) if the product is listed in Sec.  
317.312(b). Serving size for meal-type products and main-dish products 
in multi-serve containers that are not listed in Sec.  317.312(b) will 
be based on the reference amount according to Sec.  317.312(c), (d), 
and (e).
* * * * *
    3. Section 317.313 would be amended by revising paragraph (l) and 
by adding paragraph (m) to read as follows:


Sec.  317.313  Nutrient content claims; general principles

* * * * *
    (l) For purposes of making a claim, a ``meal-type'' product will be 
defined as a product that:
    (1) Makes a major contribution to the diet by
    (i) Weighing at least 10 ounces per labeled serving, and
    (ii) Containing not less than three 40 gram portions of food, or 
combinations of foods, from two or more of the following four food 
groups, except as noted in paragraph (l)(1)(ii)(E) of this section:
    (A) Bread, cereal, rice, and pasta;
    (B) Fruits and vegetables;
    (C) Milk, yogurt, and cheese;
    (D) Meat, poultry, fish, dry beans, eggs, nuts; except that:
    (E) These foods will not be sauces (except for foods in the four 
food groups in paragraphs (l)(1)(ii)(A) through (D) of this section, 
that are in the sauces), gravies, condiments, relishes, pickles, 
olives, jams, jellies, syrups, breadings, or garnishes; and
    (2) Is represented as, or is in the form commonly understood to be, 
a breakfast, lunch, dinner, meal, or entree. Such representations may 
be made either by statements, photographs, or vignettes.
* * * * *


Sec.  317.354  [Amended]

    4. Section 317.354 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  317.313(m),'' after the phrase ``meal-type products as defined in 
Sec.  317.313(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(1), (c)(1), and (e)(1).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
317.313(m)'' after the phrase ``meal-type product as defined in Sec.  
317.313(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(2) and (c)(2).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``meal-type product'' in paragraphs (d)(1) and (e)(2)(ii)(B).


Sec.  317.356  [Amended]

    5. Section 317.356 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  317.313(m)'' after the phrase ``meal-type products as defined in 
Sec.  317.313(l),'' whenever it occurs in paragraphs (b) introductory 
text and paragraph (c)(3).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
317.313(m)'' after the phrase ``meal-type product as defined in Sec.  
317.313(l),'' whenever it occurs in paragraphs (d)(1) introductory text 
and paragraph (d)(2)(i).


Sec.  317.360  [Amended]

    6. Section 317.360 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  317.313(m)'' after the phrase ``meal-type products as defined in 
Sec.  317.313(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), (b)(4), and (c)(4).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
317.313(m)'' after the phrase ``meal-type product as defined in Sec.  
317.313(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(3), (b)(5), and (c)(5).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``a meal-type product'' in paragraph (c)(1)(i).


Sec.  317.361  [Amended]

    7. Section 317.361 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  317.313(m),'' after the phrase ``meal-type products as defined in 
Sec.  317.313(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), (b)(4), and (b)(6).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
317.313(m)'' after the phrase ``meal-type product as defined in Sec.  
317.313(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(3), (b)(5), and (b)(7).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``a meal-type product'' in paragraph (b)(1)(i).

[[Page 18564]]

Sec.  317.362  [Amended]

    8. Section 317.362 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  317.313(m)'' after the phrase ``meal-type products as defined in 
Sec.  317.313(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), (b)(4), (c)(2), (d)(2), (d)(4), and paragraph (e)(1) 
and (e)(2).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
317.313(m)'' after the phrase ``meal-type product as defined in Sec.  
317.313(l),'' whenever it occurs in the introductory text of paragraph 
(b)(3), (b)(5), (c)(3), (c)(5), and (d)(5).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``a meal-type product,'' in paragraphs (b)(1)(i) and (c)(1)(i).


Sec.  317.363  [Amended]

    9. Section 317.363 would be amended as follows:
    a. By adding the phrase ``main-dish product, as defined in Sec.  
317.313(m) and a,'' before the phrase ``meal-type product, as defined 
in Sec.  317.313(l)'' in the introductory text of paragraphs (b)(2)(i) 
and (b)(3)(i).
    b. By adding the phrase ``main dish and'' before the phrase ``meal-
type products'' in the introductory text of paragraphs (b)(2)(i) and 
(b)(3)(i).
    c. By adding the phrase ``main-dish product, as defined in Sec.  
317.313(m),'' in place of the phrase ``meal-type product as defined in 
Sec.  317.313(l)'' in paragraph (b)(4)(i) and by adding the phrase 
``main-dish products'' in place of the phrase ``meal-type products'' in 
paragraph (b)(4)(i).

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    10. The authority citation for Part 381 continues to read as 
follows:

    Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18, 
2.53.

    11. Section 381.409 would be amended by revising paragraph (b)(12) 
to read as follows:


Sec.  381.409  Nutrient label content.

* * * * *
    (b) * * *
    (12) The serving size for meal-type products and main-dish products 
as defined in Sec.  381.413(l) and Sec.  381.413 (m) in single-serve 
containers will be the entire edible content of the package. Serving 
size for meal-type products and main-dish products in multi-serve 
containers will be based on the reference amount applicable to the 
product in Sec.  381.412(b) if the product is listed in Sec.  
381.412(b). Serving size for meal-type products and main-dish products 
in multi-serve containers that are not listed in Sec.  381.412(b) will 
be based on the reference amount according to Sec.  381.412(c), (d), 
and (e).
* * * * *
    12. Section 381.413 would be amended by revising paragraph (1) and 
by adding paragraph (m) to read as follows:


Sec.  381.413  Nutrient content claims; general principles.

* * * * *
    (l) For purposes of making a claim, a ``meal-type'' product will be 
defined as a product that:
    (1) Makes a major contribution to the diet by:
    (i) Weighing at least 10 ounces per labeled serving, and
    (ii) Containing not less than three 40 gram portions of food, or 
combinations of foods, from two or more of the following four food 
groups, except as noted in paragraph (l)(1)(ii)(E) of this section:
    (A) Bread, cereal, rice, and pasta;
    (B) Fruits and vegetables;
    (C) Milk, yogurt, and cheese;
    (D) Meat, poultry, fish, dry beans, eggs, and nuts; except that:
    (E) These foods will not be sauces (except for foods in the four 
food groups in paragraph (l)(1)(ii)(A) through (D) of this section that 
are in the sauces), gravies, condiments, relishes, pickles, olives, 
jams, jellies, syrups, breadings, or garnishes; and
    (2) Is represented as, or is in the form commonly understood to be, 
a breakfast, lunch, dinner, meal, or entree. Such representations may 
be either by statements, photographs, or vignettes.
    (m) For purposes of making a claim, a ``main-dish'' product will be 
defined as a food that:
    (1) Makes a major contribution to a meal by:
    (i) Weighing at least 6 ounces per labeled serving, and
    (ii) Containing not less than 40 grams of food, or combinations of 
foods, from two or more of the following four food groups, except as 
noted in paragraph (m)(1)(ii)(E) of this section.
    (A) Bread, cereal, rice, and pasta;
    (B) Fruits and vegetables;
    (C) Milk, yogurt, and cheese;
    (D) Meat, poultry, fish, dry beans, eggs, and nuts; except that:
    (E) These foods will not be sauces (except for foods in the four 
food groups in paragraph (m)(1)(ii)(A) through (D) of this section that 
are in the sauces), gravies, condiments, relishes, pickles, olives, 
jams, jellies, syrups, breadings, or garnishes; and
    (2) Is represented as, or is in a form commonly understood to be, a 
main dish (e.g., not a beverage or a dessert). Such representations may 
be made either by statements, photographs, or vignettes.
* * * * *


Sec.  381.454  [Amended]

    13. Section 381.454 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  381.413(m),'' after the phrase ``meal-type products as defined in 
Sec.  381.413(l)'' wherever it occurs in the introductory text of 
paragraphs (b)(1), (c)(1), and (e)(1).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
381.413(m)'' after the phrase ``meal-type product as defined in Sec.  
381.413(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(2) and (c)(2).
    c. By adding the phrase ``or in a main-dish product'' after the 
phrase ``meal-type product'' in paragraphs (d)(1) and (e)(2)(ii)(B).


Sec.  381.456  [Amended]

    14. Section 381.456 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  381.413(m)'' after the phrase ``meal-type products as defined in 
Sec.  318.413(l),'' whenever it occurs in paragraph (b) introductory 
text and paragraph (c)(3).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
381.413(m)'' after the phrase ``meal-type product as defined in Sec.  
381.413(m)'' whenever it occurs in paragraphs (d)(1) introductory text 
and paragraph (d)(2)(i).


Sec.  381.460  [Amended]

    15. Section 381.460 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  318.413(m)'' after the phrase ``meal-type products as defined in 
Sec.  381.413(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), b)(4), and (c)(4).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
381.413(m)'' after the phrase ``meal-type product as defined in Sec.  
381.413(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(3), (b)(5), and (c)(5).
    c. By adding ``or a main-dish product'' after the phrase ``a meal-
type product'' in paragraph (c)(1)(i).

[[Page 18565]]

Sec.  381.461  [Amended]

    16. Section 381.461 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  381.413(m),'' after the phrase ``meal-type products as defined in 
Sec.  381.413(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), (b)(4), and (b)(6).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
381.413(m)'' after the phrase ``meal-type product as defined in Sec.  
381.413(l),'' whenever it occurs in the introductory text of paragraphs 
(b)(3), (b)(5), and (b)(7).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``of a meal-type product'' in paragraph (b)(1)(i).


Sec.  381.462  [Amended]

    17. Section 381.462 would be amended as follows:
    a. By adding the phrase ``and main-dish products as defined in 
Sec.  381.413(m)'' after the phrase ``meal-type products as defined in 
Sec.  381.413(l),'' whenever it occurs in the introductory text of 
paragraphs (b)(2), (b)(4), (c)(2), (d)(4) and paragraphs (e)(1) and 
(e)(2).
    b. By adding the phrase ``and main-dish product as defined in Sec.  
381.413(m)'' after the phrase ``meal-type product as defined in Sec.  
381.413(l),'' whenever it occurs in the introductory text of paragraph 
(b)(3), (b)(5), (c)(3), (c)(5), (d)(3), and (d)(5).
    c. By adding the phrase ``or a main-dish product'' after the phrase 
``a meal-type product,'' in paragraphs (b)(1)(i) and (c)(1)(i).


Sec.  381.463  [Amended]

    18. Section 381.463 would be amended as follows:
    a. By adding the phrase ``main-dish product, as defined in Sec.  
381.413(m) and a,'' before the phrase ``meal-type product, as defined 
in Sec.  381.413(l)'' in the introductory text of paragraph (b)(2)(i) 
and (b)(3)(i).
    b. By adding the phrase ``main-dish and'' before the phrase ``meal-
type products'' in the introductory text of paragraphs (b)(2)(i) and 
(b)(3)(i).
    c. By adding the phrase ``main-dish product, as defined in Sec.  
381.413(m),'' in place of the phrase ``meal-type product, as defined in 
Sec.  381.413(l)'' in paragraph (b)(4)(i) and by adding the phrase 
``main-dish products'' in place of the phrase ``meal-type products'' in 
paragraph (b)(4)(i).

    Done at Washington, DC, on April 9, 2003.
Garry L. McKee,
Administrator.
[FR Doc. 03-9258 Filed 4-15-03; 8:45 am]
BILLING CODE 3410-DM-P