80_FR_63679 80 FR 63477 - Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Reopening of the Comment Period

80 FR 63477 - Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Reopening of the Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63477-63478
FR Document2015-26636

The Food and Drug Administration (FDA or we) is announcing the reopening of the comment period for certain documents associated with the proposed rule to amend FDA's labeling regulations for conventional foods and dietary supplements to provide updated nutrition information on the Nutrition Facts and Supplement Facts labels to assist consumers in maintaining healthy dietary practices. We also are reopening the comment period for a supplemental proposed rule to revise the Nutrition Facts and Supplement Facts labels. We are taking this action due to technical difficulties at the Federal eRulemaking Portal.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63477-63478]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26636]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2012-N-1210]
RIN 0910-AF22


Food Labeling: Revision of the Nutrition and Supplement Facts 
Labels; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
reopening of the comment period for certain documents associated with 
the proposed rule to amend FDA's labeling regulations for conventional 
foods and dietary supplements to provide updated nutrition information 
on the Nutrition Facts and Supplement Facts labels to assist consumers 
in maintaining healthy dietary practices. We also are reopening the 
comment period for a supplemental proposed rule to revise the Nutrition 
Facts and Supplement Facts labels. We are taking this action due to 
technical difficulties at the Federal eRulemaking Portal.

DATES: Submit either electronic or written comments on the supplemental 
proposed rule and related documents by October 23, 2015.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2012-N-1210 for this rulemaking. Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your

[[Page 63478]]

name and contact information to be made publicly available, you can 
provide this information on the cover sheet and not in the body of your 
comments and you must identify this information as ``confidential.'' 
Any information marked as ``confidential'' will not be disclosed except 
in accordance with 21 CFR 10.20 and other applicable disclosure law. 
For more information about FDA's posting of comments to public dockets, 
see 80 FR 56469, September 18, 2015, or access the information at: 
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, 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: Philip L. Chao, Center for Food Safety 
and Applied Nutrition (HFS-24), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 240-402-2112, email: 
Philip.Chao@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 3, 2014 (79 FR 11879), we 
published a proposed rule that would amend our labeling regulations for 
conventional foods and dietary supplements to provide updated nutrition 
information. In the Federal Register of July 27, 2015 (80 FR 44302), we 
reopened the comment period through September 25, 2015, for the 
proposed rule for the sole purpose of inviting public comments on two 
consumer studies being added to the administrative record. The consumer 
studies pertained to proposed changes to the Nutrition Facts label 
formats. We also issued a supplemental proposed rule (80 FR 44303) with 
a comment period through October 13, 2015. The supplemental proposal 
included two additional consumer studies pertaining to the declaration 
of added sugars and alternative footnote statements. We proposed text 
for the footnotes to be used on the Nutrition Facts label, after 
completing our consumer research in which we tested various footnote 
text options for the label. We also proposed to establish a Daily 
Reference Value of 10 percent of total energy intake from added sugars 
and to require the declaration of the percent Daily Value for added 
sugars on the label. The supplemental proposed rule also provided 
additional rationale for the declaration of the amount of added sugars 
on the label. We explained that we were taking these actions based, in 
part, on the science underlying a new report released by the 2015 
Dietary Guidelines Advisory Committee.
    More recently, in the Federal Register of September 10, 2015 (80 FR 
54446), we issued a notice clarifying: (1) The consumer studies on the 
added sugars declaration and the alternative footnote statements in the 
supplemental proposal relate to topics on which we sought comment and 
(2) the consumer studies on the format published in a separate notice 
in July 2015 were included for comment, and were placed in the docket 
at that time. We also stated that, in response to requests for the raw 
data for each of these consumer studies that are relevant to the 
summary memoranda for the studies, we were making the raw data 
available for comment. We extended the comment period for the two 
consumer studies pertaining to the proposed changes to the Nutrition 
Facts label formats (originally scheduled to close on September 25, 
2015) to October 13, 2015, to coincide with the end of the comment 
period for the supplemental proposed rule.
    However, on October 13 and 14, 2015, the Federal eRulemaking 
Portal, http://www.regulations.gov, experienced technical difficulties 
which sometimes prevented the electronic submission of comments. 
Therefore, we are reopening the comment period for the consumer studies 
and the supplemental proposal; the reopened comment period will close 
on October 23, 2015.

    Dated: October 15, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-26636 Filed 10-19-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules                                         63477

                                                    necessary for the safety of the spacecraft                Subpart 1214.17—[Removed and                          solely responsible for ensuring that your
                                                    and personnel on board, subject any of                    Reserved]                                             comment does not include any
                                                    the personnel on board to such restraint                                                                        confidential information that you or a
                                                    as the circumstances require until such                   ■ 13. Remove and reserve subpart                      third party may not wish to be posted,
                                                                                                              1214.17, consisting of §§ 1214.1700                   such as medical information, your or
                                                    time as delivery of such individual or
                                                                                                              through 1214.1707.                                    anyone else’s Social Security number, or
                                                    individuals to the proper authorities is
                                                    possible.                                                 Nanette Jennings,                                     confidential business information, such
                                                                                                              Federal Register Liaison Officer.                     as a manufacturing process. Please note
                                                    ■ 10. Amend paragraphs (a), (c) and (d)
                                                                                                                                                                    that if you include your name, contact
                                                    in § 1214.703 to read as follows:                         [FR Doc. 2015–26475 Filed 10–19–15; 8:45 am]
                                                                                                                                                                    information, or other information that
                                                                                                              BILLING CODE 7510–13–P
                                                    § 1214.703       Chain of command.                                                                              identifies you in the body of your
                                                                                                                                                                    comments, that information will be
                                                       (a) The NASA Commander is a                                                                                  posted on http://www.regulations.gov.
                                                    trained NASA astronaut who has been                       DEPARTMENT OF HEALTH AND                                • If you want to submit a comment
                                                    designated to serve as commander on a                     HUMAN SERVICES                                        with confidential information that you
                                                    NASA mission and who shall have the                                                                             do not wish to be made available to the
                                                                                                              Food and Drug Administration                          public, submit the comment as a
                                                    authority described in § 1214.702 of this
                                                    part. Under normal flight conditions                                                                            written/paper submission and in the
                                                                                                              21 CFR Part 101                                       manner detailed (see ‘‘Written/Paper
                                                    (other than emergencies or when
                                                    otherwise designated) the NASA                            [Docket No. FDA–2012–N–1210]                          Submissions’’ and ‘‘Instructions’’).
                                                    Commander is responsible to the                           RIN 0910–AF22                                         Written/Paper Submissions
                                                    Mission Flight Director.                                                                                           Submit written/paper submissions as
                                                    *      *    *     *     *                                 Food Labeling: Revision of the                        follows:
                                                       (c) Before each flight, the other flight               Nutrition and Supplement Facts                           • Mail/Hand delivery/Courier (for
                                                    crewmembers will be designated in the                     Labels; Reopening of the Comment                      written/paper submissions): Division of
                                                                                                              Period                                                Dockets Management (HFA–305), Food
                                                    order in which they will assume the
                                                    authority of the NASA Commander                                                                                 and Drug Administration, 5630 Fishers
                                                                                                              AGENCY:    Food and Drug Administration,
                                                                                                                                                                    Lane, Rm. 1061, Rockville, MD 20852.
                                                    under this subpart in the event that the                  HHS.                                                     • For written/paper comments
                                                    NASA Commander is not able to carry                             Proposed rule; reopening of
                                                                                                              ACTION:                                               submitted to the Division of Dockets
                                                    out his/her duties.                                       comment period.                                       Management, FDA will post your
                                                       (d) The determinations, if any, that a                                                                       comment, as well as any attachments,
                                                                                                              SUMMARY:   The Food and Drug
                                                    crewmember in the chain of command                                                                              except for information submitted,
                                                                                                              Administration (FDA or we) is
                                                    is not able to carry out his or her                                                                             marked and identified, as confidential,
                                                                                                              announcing the reopening of the
                                                    command duties and is, therefore, to be                                                                         if submitted as detailed in
                                                                                                              comment period for certain documents
                                                    relieved of command, and that another                                                                           ‘‘Instructions.’’
                                                                                                              associated with the proposed rule to                     Instructions: All submissions received
                                                    crewmember in the chain of command                        amend FDA’s labeling regulations for
                                                    is to succeed to the authority of the                                                                           must include the Docket No. FDA–
                                                                                                              conventional foods and dietary                        2012–N–1210 for this rulemaking.
                                                    NASA Commander, will be made by the                       supplements to provide updated
                                                    NASA Administrator or his/her                                                                                   Received comments will be placed in
                                                                                                              nutrition information on the Nutrition                the docket and, except for those
                                                    designee.                                                 Facts and Supplement Facts labels to                  submitted as ‘‘Confidential
                                                    ■ 11. Revise § 1214.704 to read as                        assist consumers in maintaining healthy               Submissions,’’ publicly viewable at
                                                    follows:                                                  dietary practices. We also are reopening              http://www.regulations.gov or at the
                                                                                                              the comment period for a supplemental                 Division of Dockets Management
                                                    § 1214.704       Violations.                              proposed rule to revise the Nutrition                 between 9 a.m. and 4 p.m., Monday
                                                      (a) All personnel on board the NASA                     Facts and Supplement Facts labels. We                 through Friday.
                                                    mission are subject to the authority of                   are taking this action due to technical                  • Confidential Submissions—To
                                                    the NASA Commander and shall                              difficulties at the Federal eRulemaking               submit a comment with confidential
                                                                                                              Portal.                                               information that you do not wish to be
                                                    conform to his/her orders and direction
                                                    as authorized by this subpart.                            DATES: Submit either electronic or                    made publicly available, submit your
                                                                                                              written comments on the supplemental                  comments only as a written/paper
                                                      (b) This regulation is a regulation                     proposed rule and related documents by                submission. You should submit two
                                                    within the meaning of 18 U.S.C. 799,                      October 23, 2015.                                     copies total. One copy will include the
                                                    and whoever willfully violates, attempts                                                                        information you claim to be confidential
                                                                                                              ADDRESSES: You may submit comments
                                                    to violate, or conspires to violate any                                                                         with a heading or cover note that states
                                                                                                              as follows:
                                                    provision of this subpart or any order or                                                                       ‘‘THIS DOCUMENT CONTAINS
                                                    direction issued under this subpart shall                 Electronic Submissions                                CONFIDENTIAL INFORMATION’’. The
                                                    be subject to fines and imprisonment, as                    Submit electronic comments in the                   Agency will review this copy, including
                                                    specified by law.                                         following way:                                        the claimed confidential information, in
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                                                                                                                • Federal eRulemaking Portal: http://               its consideration of comments. The
                                                    Subpart 1214.8—[Removed and                               www.regulations.gov. Follow the                       second copy, which will have the
                                                    Reserved]                                                 instructions for submitting comments.                 claimed confidential information
                                                                                                              Comments submitted electronically,                    redacted/blacked out, will be available
                                                    ■ 12. Remove and reserve subpart                          including attachments, to http://                     for public viewing and posted on http://
                                                    1214.8, consisting §§ 1214.800 through                    www.regulations.gov will be posted to                 www.regulations.gov. Submit both
                                                    1214.813.                                                 the docket unchanged. Because your                    copies to the Division of Dockets
                                                                                                              comment will be made public, you are                  Management. If you do not wish your


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                                                    63478                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules

                                                    name and contact information to be                      percent Daily Value for added sugars on               committee to prepare proposed
                                                    made publicly available, you can                        the label. The supplemental proposed                  regulations for the Federal Student Aid
                                                    provide this information on the cover                   rule also provided additional rationale               programs authorized under title IV of
                                                    sheet and not in the body of your                       for the declaration of the amount of                  the Higher Education Act of 1965, as
                                                    comments and you must identify this                     added sugars on the label. We explained               amended (HEA). The committee will
                                                    information as ‘‘confidential.’’ Any                    that we were taking these actions based,              include representatives of organizations
                                                    information marked as ‘‘confidential’’                  in part, on the science underlying a new              or groups with interests that are
                                                    will not be disclosed except in                         report released by the 2015 Dietary                   significantly affected by the topics
                                                    accordance with 21 CFR 10.20 and other                  Guidelines Advisory Committee.                        proposed for negotiations. We request
                                                    applicable disclosure law. For more                        More recently, in the Federal Register             nominations for individual negotiators
                                                    information about FDA’s posting of                      of September 10, 2015 (80 FR 54446),                  who represent key stakeholder
                                                    comments to public dockets, see 80 FR                   we issued a notice clarifying: (1) The                constituencies for the issues to be
                                                    56469, September 18, 2015, or access                    consumer studies on the added sugars                  negotiated to serve on the committee,
                                                    the information at: http://www.fda.gov/                 declaration and the alternative footnote              and we set a schedule for committee
                                                    regulatoryinformation/dockets/                          statements in the supplemental proposal               meetings.
                                                    default.htm.                                            relate to topics on which we sought                   DATES:  We must receive your
                                                       Docket: For access to the docket to                  comment and (2) the consumer studies                  nominations for negotiators to serve on
                                                    read background documents or the                        on the format published in a separate                 the committee on or before November
                                                    electronic and written/paper comments                   notice in July 2015 were included for                 19, 2015. The dates, times, and locations
                                                    received, go to http://                                 comment, and were placed in the docket                of the committee meetings are set out in
                                                    www.regulations.gov and insert the                      at that time. We also stated that, in                 the Schedule for Negotiations section in
                                                    docket number, found in brackets in the                 response to requests for the raw data for             the SUPPLEMENTARY INFORMATION section.
                                                    heading of this document, into the                      each of these consumer studies that are
                                                    ‘‘Search’’ box and follow the prompts                   relevant to the summary memoranda for                 ADDRESSES: Please send your
                                                    and/or go to the Division of Dockets                    the studies, we were making the raw                   nominations for negotiators to Wendy
                                                    Management, 5630 Fishers Lane, Rm.                      data available for comment. We                        Macias, U.S. Department of Education,
                                                    1061, Rockville, MD 20852.                              extended the comment period for the                   1990 K Street NW., Room 8013,
                                                    FOR FURTHER INFORMATION CONTACT:                        two consumer studies pertaining to the                Washington, DC 20006. Telephone:
                                                    Philip L. Chao, Center for Food Safety                  proposed changes to the Nutrition Facts               (202) 502–7526 or by email:
                                                    and Applied Nutrition (HFS–24), Food                    label formats (originally scheduled to                Wendy.Macias@ed.gov.
                                                    and Drug Administration, 5100 Paint                     close on September 25, 2015) to October               FOR FURTHER INFORMATION CONTACT: For
                                                    Branch Pkwy., College Park, MD 20740,                   13, 2015, to coincide with the end of the             information about the content of this
                                                    240–402–2112, email: Philip.Chao@                       comment period for the supplemental                   notice, including information about the
                                                    fda.hhs.gov.                                            proposed rule.                                        negotiated rulemaking process or the
                                                                                                               However, on October 13 and 14, 2015,               nomination submission process,
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            the Federal eRulemaking Portal, http://               contact: Wendy Macias, U.S.
                                                    I. Background                                           www.regulations.gov, experienced                      Department of Education, 1990 K Street
                                                       In the Federal Register of March 3,                  technical difficulties which sometimes                NW., Room 8013, Washington, DC
                                                    2014 (79 FR 11879), we published a                      prevented the electronic submission of                20006. Telephone: (202) 502–7526 or by
                                                    proposed rule that would amend our                      comments. Therefore, we are reopening                 email: Wendy.Macias@ed.gov.
                                                    labeling regulations for conventional                   the comment period for the consumer                     For information about negotiated
                                                    foods and dietary supplements to                        studies and the supplemental proposal;                rulemaking in general, see The
                                                    provide updated nutrition information.                  the reopened comment period will close                Negotiated Rulemaking Process for Title
                                                    In the Federal Register of July 27, 2015                on October 23, 2015.                                  IV Regulations, Frequently Asked
                                                    (80 FR 44302), we reopened the                            Dated: October 15, 2015.
                                                                                                                                                                  Questions at www2.ed.gov/policy/
                                                    comment period through September 25,                                                                          highered/reg/hearulemaking/hea08/neg-
                                                                                                            Leslie Kux,
                                                    2015, for the proposed rule for the sole                                                                      reg-faq.html.
                                                                                                            Associate Commissioner for Policy.                       If you use a telecommunications
                                                    purpose of inviting public comments on                  [FR Doc. 2015–26636 Filed 10–19–15; 8:45 am]
                                                    two consumer studies being added to                                                                           device for the deaf (TDD) or text
                                                    the administrative record. The
                                                                                                            BILLING CODE 4164–01–P                                telephone (TTY), call the Federal Relay
                                                    consumer studies pertained to proposed                                                                        Service (FRS) toll free at 1–800–877–
                                                    changes to the Nutrition Facts label                                                                          8339.
                                                                                                            DEPARTMENT OF EDUCATION
                                                    formats. We also issued a supplemental                                                                        SUPPLEMENTARY INFORMATION:     On August
                                                    proposed rule (80 FR 44303) with a                      34 CFR Chapter VI                                     20, 2015, we published a notice in the
                                                    comment period through October 13,                                                                            Federal Register (80 FR 50588)
                                                    2015. The supplemental proposal                         [Docket ID ED–2015–OPE–0103]                          announcing our intent to establish a
                                                    included two additional consumer                                                                              negotiated rulemaking committee under
                                                    studies pertaining to the declaration of                Negotiated Rulemaking Committee;                      section 492 of the HEA to develop
                                                    added sugars and alternative footnote                   Negotiator Nominations and Schedule                   proposed regulations for determining
                                                    statements. We proposed text for the                    of Committee Meetings—Borrower                        which acts or omissions of an
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                                                    footnotes to be used on the Nutrition                   Defenses                                              institution of higher education
                                                    Facts label, after completing our                       AGENCY:  Office of Postsecondary                      (‘‘institution’’) a borrower may assert as
                                                    consumer research in which we tested                    Education, Department of Education.                   a defense to repayment of a loan made
                                                    various footnote text options for the                   ACTION: Intent to establish negotiated                under the William D. Ford Federal
                                                    label. We also proposed to establish a                  rulemaking committee.                                 Direct Loan (Federal Direct Loan)
                                                    Daily Reference Value of 10 percent of                                                                        Program (‘‘borrower defenses’’) and the
                                                    total energy intake from added sugars                   SUMMARY:   We announce our intention to               consequences of such borrower defenses
                                                    and to require the declaration of the                   establish a negotiated rulemaking                     for borrowers, institutions, and the


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Document Created: 2015-12-14 15:24:55
Document Modified: 2015-12-14 15:24:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of comment period.
DatesSubmit either electronic or written comments on the supplemental proposed rule and related documents by October 23, 2015.
ContactPhilip L. Chao, Center for Food Safety and Applied Nutrition (HFS-24), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2112, email: [email protected]
FR Citation80 FR 63477 
RIN Number0910-AF22

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