[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Proposed Rules]
[Page 11738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04386]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-1994-P-0314 (Formerly Docket No. 94P-0168)]


Food Labeling: Serving Sizes; Reference Amount and Serving Size 
Declaration for Hard Candies, Breath Mints

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA or we) is withdrawing a 
proposed rule entitled ``Food Labeling; Serving Sizes; Reference Amount 
and Serving Size Declaration for Hard Candies, Breath Mints'' that 
published in the Federal Register of December 30, 1997 (62 FR 67775). 
We are taking this action because we are issuing a proposed rule on the 
serving sizes of foods in general that is published elsewhere in this 
issue of the Federal Register.

DATES: The proposed rule that published on December 30, 1997 (62 FR 
67775), is withdrawn as of March 3, 2014.

FOR FURTHER INFORMATION CONTACT: Mark Kantor, Center for Food Safety 
and Applied Nutrition (HFS-830), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 240-402-1450.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of December 30, 1997, FDA published a 
proposed rule entitled ``Food Labeling; Serving Sizes; Reference Amount 
and Serving Size Declaration for Hard Candies, Breath Mints'' (the 1997 
breath mints proposed rule). The 1997 breath mints proposed rule would 
change the label serving size for the product category ``Hard candies, 
breath mints'' so that the serving size for all breath mint products 
would be one unit. The 1997 breath mints proposed rule was published, 
in part, in response to a citizen petition (Docket No. FDA-1994-P-0314 
(formerly Docket No. 94P-0168)) that requested a serving size for 
breath mints that more accurately reflected the amount customarily 
consumed per eating occasion. Specifically, the petition requested that 
FDA create a separate product category with a 0.5-gram (g) reference 
amount for small breath mints (weighing 0.5 g or less). The petition 
concluded that the serving size for small breath mints should be ``1 
mint.'' The 1997 breath mints proposed rule also would amend the 
current rounding requirements for calories as described in 21 CFR 
101.9(c)(1), which states that the caloric content per serving must be 
expressed to the nearest 5-calorie increment up to and including 50 
calories, and 10-calorie increment above 50 calories, except that 
amounts less than 5 calories may be expressed as zero. The 1997 breath 
mints proposed rule would allow the declaration of calorie amounts of 
less than 5 calories on the Nutrition Facts label, provided that the 
number of calories declared on the Nutrition Facts label is consistent 
with the number of calories declared in any claim about the amount of 
calories made under 21 CFR 101.13(i).
    In the Federal Register of April 4, 2005 (70 FR 17010), we issued 
an advance notice of proposed rulemaking (ANPRM) entitled ``Food 
Labeling: Serving Sizes of Products That Can Reasonably Be Consumed At 
One Eating Occasion; Updating of Reference Amounts Customarily 
Consumed; Approaches for Recommending Smaller Portion Sizes.'' The 
ANPRM requested comment on whether we should amend certain nutrition 
labeling regulations concerning serving size.
    In response to the ANPRM, elsewhere in this issue of the Federal 
Register, we are publishing a proposed rule that would, in part, amend 
the serving size for breath mints.

II. Withdrawal of the 1997 Proposed Rule

    Because we are addressing issues related to the label serving size 
for breath mints, in conjunction with other serving size issues, in a 
proposed rule entitled, ``Serving Sizes of Foods That Can Reasonably Be 
Consumed At One-Eating Occasion; Dual-Column Labeling; Updating, 
Modifying, and Establishing Certain Reference Amounts Customarily 
Consumed; Serving Size for Breath Mints; and Technical Amendments,'' 
published elsewhere in this issue of the Federal Register, we are 
withdrawing the 1997 breath mints proposed rule.

    Dated: February 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-04386 Filed 2-27-14; 8:45 am]
BILLING CODE 4160-01-P