[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 383-384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31196]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0119]


Canned Pacific Salmon 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 Yardarm Knot Fisheries, LLC, 
to market test products designated as ``skinless and boneless sockeye 
salmon'' that deviate from the U.S. standard of identity for canned 
Pacific salmon. The extension will allow the permit holder to continue 
to collect data on consumer acceptance of the product while the agency 
takes action on a petition to amend the standard of identity for canned 
Pacific salmon that was submitted by Yardarm Knot Fisheries, LLC.

DATES: The new expiration date of the permit will be either the 
effective date of a final rule to amend the standard of

[[Page 384]]

identity for canned Pacific salmon that may result from the petition or 
30 days after denial of the petition, whichever the case may be.

FOR FURTHER INFORMATION CONTACT: Catalina Ferr[eacute]-Hockensmith, 
Center for Food Safety and Applied Nutrition (HFS-820), 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 Yardarm Knot Fisheries, LLC, 
3600 15th Avenue West, Suite 300, Seattle, Washington 98119, to market 
test canned Pacific salmon that deviates from the U.S. standard of 
identity for canned Pacific salmon (Sec.  161.170 (21 CFR 161.170)) (73 
FR 12180, March 6, 2008). The agency issued the permit to facilitate 
market testing of a food 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 covers limited interstate marketing tests of a product 
identified as Yardarm Knot ``Skinless and Boneless Sockeye Salmon.'' 
This canned salmon product may deviate from the U.S. standard of 
identity for canned Pacific salmon (Sec.  161.170) in that the product 
is prepared by removing the skin and bones of the salmon used. 
Therefore, in addition to the optional forms of pack provided in Sec.  
161.170(a)(3), this temporary marketing permit provides for an 
alternative ``skinless and boneless'' form of pack. The test product 
meets all the requirements of the standard with the exception of the 
``skinless and boneless'' form of pack.
    On April 9, 2009, Yardarm Knot Fisheries, LLC, requested that its 
temporary marketing permit be extended to allow for additional time for 
the market testing of its test product and indicated that it had moved 
its corporate office to the address stated below. The petitioner has 
also submitted a petition requesting that FDA amend the standard of 
identity for canned Pacific salmon.
    The agency finds that it is in the interest of consumers to issue 
an extension of the time period for the market testing of the product 
identified in the original permit (73 FR 12180, March 6, 2008). FDA is 
inviting interested persons to participate in the market test under the 
conditions that apply to Yardarm Knot Fisheries, LLC, 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 
Supervisor, Product Evaluation and Labeling Team, Food Labeling and 
Standards Staff, Office of Nutrition, 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 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 Sec.  130.17(i), FDA is 
extending the temporary permit granted to Yardarm Knot Fisheries, LLC, 
2440 West Commodore Way, Suite 200, Seattle, Washington 98199 to 
provide for continued marketing tests of not more than 1.35 million 
pounds (or 612 thousand kilograms in weight) annually of the canned 
Pacific salmon identified in this notice. 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 Pacific salmon that may result from the petition or 30 days 
after denial of the petition. All other conditions and terms of this 
permit remain the same.

    Dated: December 16, 2009.
Barbara Schneeman,
Director, Office of Nutrition, Labeling and Dietary Supplements, Center 
for Food Safety and Applied Nutrition.
[FR Doc. E9-31196 Filed 1-4-10; 8:45 am]
BILLING CODE 4160-01-S