[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80631-80632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27506]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / 
Notices  

[[Page 80631]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2016-0030]


Nutrition Facts Label Compliance

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that while FSIS is in the process of rulemaking to update the Nutrition 
Facts label format for meat and poultry products, establishments may 
voluntarily choose to use the Nutrition Facts label format that the 
Food and Drug Administration (FDA) recently finalized (``Food Labeling: 
Revision of the Nutrition and Supplement facts labels'', May 27, 2016; 
81 FR 33742; and ``Food Labeling: 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''; May 27, 2016; 81 FR 34000). As long as the information on 
the labels is still truthful and not misleading, FSIS will not find 
noncompliance if companies use the FDA format. When FSIS publishes a 
final rule to update the Nutrition Facts label format for meat and 
poultry products, companies would have to comply with that final rule 
by the effective date and will no longer be able to use the FDA format 
if it is different from the FSIS format.

DATES: Comments must be received by December 16, 2016.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Patriots 
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163B, 
Washington, DC 20250-3700.
     Hand- or Courier-Delivered Submittals: Deliver to Patriots 
Plaza 3, 355 E Street SW., Room 8-163B, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2016-0030. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Jeff Canavan, Deputy Director, 
Labeling and Program Delivery Staff, Office of Policy and Program 
Development, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Stop Code 3784, Patriots Plaza 3, 8-161A, 1400 
Independence Avenue SW., Washington, DC 20250-3700; Telephone (301) 
504-0879; Fax (202) 245-4792.

SUPPLEMENTARY INFORMATION: 

Background

    FSIS is the public health regulatory agency in the USDA that is 
responsible for ensuring that the nation's commercial supply of meat, 
poultry, and egg products is safe, wholesome, and accurately labeled 
and packaged. Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 
601-695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 
451-470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031-
1056, at 1036) (the ``Acts''), the labels of meat, poultry, and egg 
products must be approved by the Secretary of Agriculture, who has 
delegated this authority to FSIS, before these products can enter 
commerce. The Acts prohibit the sale or offer for sale by any person, 
firm, or corporation of any article in commerce under any name or other 
marking or labeling that is false or misleading or in any container of 
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The 
Acts also prohibit the distribution in commerce of meat or poultry 
products that are adulterated or misbranded. The FMIA and PPIA give 
FSIS broad authority to promulgate such rules and regulations as are 
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 
463(b)).
    To prevent meat and poultry products from being misbranded, the 
meat and poultry product inspection regulations require that the labels 
of meat and poultry products include specific information, such as 
nutrition labels, and that such information be displayed as prescribed 
in the regulations (9 CFR part 317 and part 381). The nutrition 
labeling requirements for meat and meat food products are in 9 CFR 
317.300-317.400, and the nutrition labeling requirements for poultry 
products are in 9 CFR 381.400-381.500.

Nutrition Facts Label Compliance

    On May 27, 2016, FDA published two final rules, ``Food Labeling: 
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742) 
and ``Food Labeling: 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'' (81 
FR 34000), to update the Nutrition Facts label to reflect newer 
nutrition and public health research and recent dietary recommendations 
from expert groups and to improve the presentation of nutrition 
information to help consumers make more informed choices and maintain 
healthy dietary practices. FSIS has reviewed FDA's analysis and 
believes it is necessary to propose nutrition labeling regulations for 
meat and poultry products that will parallel, to the extent possible, 
FDA's regulations. This approach will help prevent consumer confusion 
and nonuniformity in the marketplace. While FSIS is in the process of 
rulemaking to update the Nutrition Facts label format for meat and 
poultry

[[Page 80632]]

products, establishments may voluntarily choose to use the Nutrition 
Facts label format that FDA recently finalized (81 FR 33742 and 81 FR 
34000). As long as the information on the labels is still truthful and 
not misleading, FSIS will not find noncompliance if companies use the 
FDA format. Because FDA's new Nutrition Facts format is different than 
FSIS's current regulations, and the new formatted labels that FSIS's 
Labeling and Program Delivery Staff (LPDS) has reviewed so far 
contained errors and needed corrections, companies that wish to use 
FDA's Nutrition Facts label format will need to submit at least one 
label sketch in that format to LPDS. A parent company for a corporation 
may submit only one label application for a product produced in other 
establishments that are owned by the corporation. Subsequent similar 
labels that use FDA's Nutrition Facts format for other products can be 
generically approved. Submitting one label and receiving approval helps 
ensure the rest are applied in compliance with FDA's regulations and 
may prevent additional problems in the future. FSIS believes that if 
only one label is submitted per corporation, LPDS's review would not be 
a large burden to FSIS or industry and wouldn't adversely affect the 
label review backlog. When FSIS publishes a final rule to update the 
Nutrition Facts label format for meat and poultry products, companies 
would have to comply with that final rule by the effective date and 
will no longer be able to use the FDA format if it is different from 
the FSIS format. FSIS is requesting comments on whether there are any 
issues or problems with allowing companies to voluntarily use FDA's 
Nutrition Facts label format on meat and poultry products until FSIS 
issues a final rule that addresses nutrition labeling requirements.

USDA Nondiscrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination, any person in the United States under any program or 
activity conducted by the USDA.
    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at: http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that 
minorities, women, and persons with disabilities are aware of this 
notice, FSIS will announce it on-line through the FSIS Web page located 
at http://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/federal-register/federal-register-notices.
    FSIS also will make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, recalls, and other types of 
information that could affect or would be of interest to constituents 
and stakeholders. The update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade and farm 
groups, consumer interest groups, allied health professionals, and 
other individuals who have asked to be included. The update is 
available on the FSIS Web page. Through the Listserv and Web page, FSIS 
is able to provide information to a much broader and more diverse 
audience. In addition, FSIS offers an email subscription service which 
provides automatic and customized access to selected food safety news 
and information. This service is available at: http://www.fsis.usda.gov/subscribe.
    Options range from recalls to export information to regulations, 
directives and notices. Customers can add or delete subscriptions 
themselves and have the option to password protect their account.

    Dated: November 10, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-27506 Filed 11-15-16; 8:45 am]
 BILLING CODE 3410-DM-P