[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Pages 52402-52403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22420]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2002N-0178]


Canned Tomatoes Deviating From Identity Standard; Extension of 
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 Del Monte Corp. to market 
test canned tomato products that deviate from the U.S. standard of 
identity for canned tomatoes. 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 canned tomatoes 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 to amend the standard of identity for 
canned tomatoes that may result from the petition or 30 days after 
termination of such rulemaking.

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, FDA issued 
a temporary permit to Del Monte Corp., One Market @ The Landmark, P.O. 
Box 193575, San Francisco, CA 94119-3575, to market test canned tomato 
products that deviate from the U.S. standards of identity for canned 
tomatoes Sec.  155.190 (21 CFR 155.190) (67 FR 43325, June 27, 2002). 
The agency issued the permit 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).
    The permit covered 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 deviate from the U.S. standard of identity for 
canned tomatoes (Sec.  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. Second, the permit provided 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.
    On April 23, 2003, Del Monte Corp. requested that its temporary 
marketing permit be extended to allow for additional time for the 
market testing of its test products. The petitioner requested FDA to 
amend the standard of identity for canned tomatoes. In addition, Del 
Monte Corp. also requested that additional varieties of canned tomatoes 
be included under this permit extension. The additional products are as 
follows: (1) Del Monte Brand ``Diced Tomatoes, Petite Cut, garlic and 
olive oil;'' (2) Contadina Brand ``Stewed Tomatoes with onions, celery, 
and green peppers,'' ``Stewed Tomatoes with garlic, oregano, and basil, 
Italian Style,'' ``Diced Tomatoes with roasted garlic,'' ``Diced 
Tomatoes, Italian Herbs,'' ``Diced Tomatoes with Roasted Red Pepper,'' 
``Diced Tomatoes, Primavera with zucchini, bell peppers, and carrots,'' 
``Diced Tomatoes, Marinara with burgundy wine and olive oil;'' and (3) 
S&W Brand ``Stewed Tomatoes, Italian Recipe, sliced pear tomatoes with 
oregano and basil, 14 1/2 ounces,'' ``Stewed Tomatoes, Italian Recipe, 
sliced pear tomatoes with oregano and basil, 28 ounces,'' ``Diced 
Tomatoes in tomato juice with roasted garlic,'' ``Stewed Tomatoes with 
onion, celery, and bell pepper,'' ``Stewed Tomatoes with bell pepper, 
celery, and onion, no salt added,'' ``Diced tomatoes, Petite Cut, with 
roasted garlic and sweet onions,'' ``Stewed Tomatoes, Mexican Recipe 
with mild chili and Mexican seasoning,'' and ``Stewed Tomatoes, Cajun 
Recipe with bell pepper, onion, and Creole spices.''
    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 in the original permit (67 FR 43325) as well as to permit 
limited interstate marketing tests of additional canned tomato products 
identified in the previous paragraph. FDA is inviting interested 
persons to participate in the market test under the conditions that 
apply to Del Monte Corp. except that the designated area of 
distribution shall not apply. Any person who wishes to participate in 
the extended market test must notify, in writing, the Team Leader, 
Regulations and Review Team, Division of Food Labeling and Standards, 
Office of Nutritional Products, Labeling, and Dietary Supplements, 
Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug 
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. The 
notification must include a description of the test product to be 
distributed, a justification statement for the amount requested, the 
area of distribution, and the labeling that will

[[Page 52403]]

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 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 Del Monte Corp., One Market @ 
The Landmark, P.O. Box 193575, San Francisco, CA 94119-3575 to provide 
for continued marketing tests of approximately 10.3 million cases 
(226.6 million pounds or 103.0 million kilograms in weight) annually of 
canned tomatoes previously identified . FDA is extending the expiration 
date of the permit so that the permit expires either on the effective 
date of a final rule to amend the standard of identity for canned 
tomatoes that may result from the petition, or 30 days after 
termination of such rulemaking. All other conditions and terms of this 
permit remain the same.

    Dated: August 22, 2003.
Christine Taylor,
Director, Office of Nutritional Products, Labeling and Dietary 
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. 03-22420 Filed 9-2-03; 8:45 am]
BILLING CODE 4160-01-S