[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Proposed Rules]
[Page 4765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1446]



[[Page 4765]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2008-N-0040] (Formerly Docket No. 2006N-0168)


Food Labeling: Revision of Reference Values and Mandatory 
Nutrients; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: The Food and Drug Administration (FDA) is extending to April 
30, 2008, the comment period for the advance notice of proposed 
rulemaking (ANPRM) that appeared in the Federal Register of November 2, 
2007 (72 FR 62149). In the ANPRM, FDA requested comments on what new 
reference values the agency should use to calculate the percent daily 
value (DV) in the Nutrition Facts and Supplement Facts labels and what 
factors the agency should consider in establishing such new reference 
values. In addition, FDA requested comments on whether it should 
require that certain nutrients be added or removed from the Nutrition 
Facts and Supplement Facts labels. The agency is taking this action in 
response to requests for an extension to allow interested persons 
additional time to submit comments.

DATES: Submit written and electronic comments by April 30, 2008.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2008-
N-0040 (formerly Docket No. 2006N-0168), by any of the following 
methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX: 301-827-6870.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM 
submissions]: Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    To ensure more timely processing of comments, FDA is no longer 
accepting comments submitted to the agency by e-mail. FDA encourages 
you to continue to submit electronic comments by using the Federal 
eRulemaking Portal, as described previously, in the ADDRESSES portion 
of this document under Electronic Submissions.
    Instructions: All submissions received must include the agency name 
and Docket No(s). and Regulatory Information Number (RIN) (if a RIN 
number has been assigned) for this rulemaking. All comments received 
may be posted without change to http://www.regulations.gov, including 
any personal information provided. For additional information on 
submitting comments, see the ``Request for Comments'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number(s), found in brackets in the heading of this document, 
into the ``Search'' box and follow the prompts and/or go to the 
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, 
MD 20852.

FOR FURTHER INFORMATION CONTACT: Paula R. Trumbo, Center for Food 
Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-2579, or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of November 2, 2007, FDA published an ANPRM 
with a 90 day comment period to request comments on the revision of 
reference values and mandatory nutrients for food labeling, 
specifically the issues and questions presented in section II of the 
ANPRM (see 72 FR 62149 at 62168). Comments will inform FDA's approach 
to revising the reference values and mandatory nutrients for food 
labeling.
    The agency has received requests for a 90-day extension of the 
comment period to the ANPRM. Each request conveyed concern that the 
current 90-day comment period, which closes January 31, 2008, does not 
allow sufficient time to develop a meaningful or thoughtful response to 
the request for comments on the issues and questions presented in 
section II of the ANPRM.
    FDA has considered the requests and is extending the comment period 
for the ANPRM for 90 days, until April 30, 2008. The agency believes 
that a 90-day extension allows adequate time for interested persons to 
submit comments on the issues and questions presented in section II of 
the ANPRM without significantly delaying the agency's consideration of 
how FDA should revise the Nutrition Facts and Supplement Facts labels.

II. Request for Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding this document. 
Submit a single copy of electronic comments or two paper copies of any 
mailed comments, except that individuals may submit one paper copy. 
Comments are to be identified with the docket number found in brackets 
in the heading of this document. Received comments may be seen in the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
    Please note that on January 15, 2008, the FDA Web site transitioned 
to the Federal Docket Management System (FDMS). FDMS is a Government-
wide, electronic docket management system. Electronic submissions will 
be accepted by FDA through FDMS only.

    Dated: January 22, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-1446 Filed 1-25-08; 8:45 am]
BILLING CODE 4160-01-S