81 FR 66562 - Use of the Term “Healthy” in the Labeling of Human Food Products; Request for Information and Comments
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Food and Drug Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66562-66565 | |
| FR Document | 2016-23365 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Proposed Rules] [Pages 66562-66565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23365] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA-2016-D-2335] Use of the Term ``Healthy'' in the Labeling of Human Food Products; Request for Information and Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notification; establishment of docket; request for comments. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA or we) is announcing the establishment of a docket to receive information and comments on the use of the term ``healthy'' in the labeling of human food products. This action is consistent with our recently released 2016-2025 Foods and Veterinary Medicine (FVM) Program's strategic plan with specific goals for nutrition and other planned and recent activity including the issuance of final rules updating certain of our nutrition labeling regulations. In addition, we received a citizen petition asking that we update, among other things, our nutrient content claim regulations to be consistent with current federal dietary guidance. In particular, the petitioners request that FDA amend the regulation defining the nutrient content claim ``healthy'' with respect to total fat intake and amend the regulation to emphasize whole foods and dietary patterns rather than specific nutrients. We invite public comment on the term ``healthy'', generally, and as a nutrient content claim in the context of food labeling and on specific questions contained in this document. DATES: Submit either electronic or written comments by January 26, 2017. 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, [[Page 66563]] marked and identified, as confidential, if submitted as detailed in ``Instructions.'' Instructions: All submissions received must include the Docket No. FDA-2016-D-2335 for ``Use of the Term ``Healthy'' in the Labeling of Human Food Products; Request for Information and Comments.'' 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 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: Vincent de Jesus, Center for Food Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1450. SUPPLEMENTARY INFORMATION: I. Background A. What has been FDA's position regarding the use of the term ``healthy?'' Under section 403(r)(1)(A) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(r)(1)(A)), a food is deemed misbranded if it bears claims, either express or implied, that characterize the level of a nutrient which is of a type required to be declared in nutrition labeling unless the claim is made in accordance with a regulatory definition established by FDA (see section 403(r)(2) of the FD&C Act). Section 201(f) of the FD&C Act (21 U.S.C. 321(f)) defines the term ``food'' to mean articles used for food or drink for man or other animals, chewing gum, and articles used for components of any such article. Section 201(n) of the FD&C Act (21 U.S.C. 321(n)) provides that labeling is misleading if, among other things, it fails to reveal facts that are material in light of representations made or suggested in the labeling, or material with respect to consequences that may result from the use of the food to which the labeling relates under the conditions of use prescribed in the labeling, or under such conditions of use as are customary or usual. Section 201(m) of the FD&C Act defines ``labeling'' as all labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers or accompanying such article. The definition in 21 CFR 101.65(d) establishes the parameters for use of the implied nutrient content claim ``healthy'' or related terms (such as ``health'', ``healthful'', ``healthfully'', ``healthfulness'', ``healthier'', ``healthiest'', ``healthily'', and ``healthiness'') on the label or in labeling of a food to suggest that a food, because of its nutrient content, may be useful in creating a diet that is consistent with dietary recommendations, if the food meets certain nutrient conditions, and the claim is made with an explicit or implicit claim or statement about a nutrient (e.g., ``healthy, contains 3 grams of fat''). The conditions include specific criteria for nutrients to limit in the diet, such as total fat, saturated fat, cholesterol, sodium, as well as requirements for nutrients to encourage in the diet, including vitamin A, vitamin C, calcium, iron, protein, and fiber. The criteria are linked to elements in the Nutrition Facts label and serving size regulations (see 21 CFR 101.9 and 101.12). The nutrient criteria to use this nutrient content claim can vary for different food categories (e.g., fruits and vegetables, or seafood and game meat) (21 CFR 101.65(d)(2)). In addition, under section 403(a)(1) of the FD&C Act, a food is deemed misbranded if its labeling is false or misleading in any particular. B. What has prompted FDA to request information and comments? On July 14, 2016, we released the FVM Program's Strategic Plan for fiscal years 2016-2025. The strategic plan is organized under four goals: Food safety, nutrition, animal health, and organizational excellence (The strategic plan is available on our Web site at http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofFoods/UCM507379.pdf.) FDA's nutrition-related strategic goals include: Providing and supporting accurate and useful nutrition information to consumers so they can choose healthier diets consistent with the Dietary Guidelines for Americans and other evidence-based recommendations; and encouraging and facilitating new products and product reformulation to promote a healthier food supply. A key element in achieving these goals is the modernization of FDA's regulations for nutrition-related labeling claims to reflect current science, provide information in ways that are understandable and useful to consumers, and reduce barriers and encourage industry efforts to develop and introduce healthier food products through innovation or reformulation. In the Federal Register of May 27, 2016, we issued final rules updating the Nutrition Facts label and serving size information for packaged foods to reflect new scientific information, including the link between diet and chronic diseases such as obesity and heart disease (see 81 FR 33742, ``Food Labeling: Revision of the Nutrition and Supplement Facts Labels''; 81 FR 34000, ``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''). Updates to the Nutrition Facts label include changes in the individual nutrients that are required to be declared and also changes to the Daily Value of other individual nutrients, reflecting changes in recommended intake levels, based on current science. Because the framework for many of FDA's nutrition labeling regulations is linked to elements in the Nutrition Facts label and serving size [[Page 66564]] regulations, FDA has been planning to update these regulations to align with the updated Nutrition Facts label regulations. These regulations include those for health claims and nutrient content claims (including the implied nutrient content claim ``healthy''). The science underlying FDA's new requirements for the Nutrition Facts label and serving size information is also reflected in the recently published 2015-2020 Dietary Guidelines for Americans (2015- 2020 Dietary Guidelines) (Ref. 1). The Dietary Guidelines are designed for professionals to help all individuals ages 2 years and older and their families consume a healthy, nutritionally adequate diet. The Dietary Guidelines are the foundation of federal nutrition guidance and are fundamental in shaping federal policies and programs related to food, nutrition, and health. Specific recommendations in the Dietary Guidelines have evolved over time, as nutrition science has advanced. They provide information and perspectives on consumption of foods from various food groups, as well as the intake of specific macronutrients such as fats and sugars, and micronutrients such as vitamins and minerals. The 2015-2020 Dietary Guidelines emphasize the importance of eating patterns as a whole, the combination of foods and drinks that people consume over time. The scientific evidence on which the Dietary Guidelines are based and the recommendations in the Dietary Guidelines will help inform additional updates to FDA's regulations on nutrition- related claims that are permitted on the food label. A variety of stakeholders from academia and industry, as well as consumers, have also requested that FDA update additional nutrition labeling regulations for nutrient content and health claims, including the implied nutrient content claim ``healthy''. Some stakeholders have provided specific recommendations on how they believe we should approach such an update. For example, in a citizen petition dated December 1, 2015 (Docket Number FDA-2015-P-4564) (``Kind Citizen Petition''), KIND LLC requested that we make certain changes to existing nutrition claim regulations. A number of these changes specifically related to the nutrient content claim ``healthy''. With regards to ``healthy'', the petition requested that we: Amend Sec. 101.65(d)(2) so that the term ``healthy'' or related terms may be used if the food ``meets the following conditions for fat, saturated fat, and cholesterol exclusive of the fat and saturated fat contributed to the food product by the following foods, provided that such foods are used in their whole form or have been processed in such a way that did not materially degrade their nutritional value: Fruits, vegetables, nuts, seeds, legumes, whole grains, and seafood; and the food meets the following conditions for other nutrients;'' Amend Sec. 101.65(d) (pertaining to general nutritional claims) to ``clarify that a labeling claim that a food is useful in maintaining healthy dietary practices is an implied nutrient content claim only if the claim is immediately adjacent to an implicit claim or statement about a nutrient''; Amend Sec. 101.65(b) (pertaining to label statements that are not implied claims) to ``clarify that a statement that claims that a food is useful in maintaining healthy dietary practices and that does not appear immediately adjacent to an explicit or implicit claim or statement about a nutrient is generally not an implied nutrient content claim, but is instead a dietary guidance statement''; and While the rulemakings to amend Sec. 101.65 are pending, issue a guidance document to ``clarify that a statement about the usefulness of a food, or a category of foods, in maintaining healthy dietary practices is a dietary guidance statement that is not subject to the requirements in FDA's nutrient content claim regulations unless it is an implied nutrient content claim because it is immediately adjacent to an explicit or implicit claim or statement about a nutrient''. See Kind Citizen Petition at pgs. 2-5. The petitioner stated that our existing regulatory scheme ``limits the ability of food producers to tell consumers that products containing certain foods--such as nuts, whole grains, seafood, fruits, and vegetables--are healthy, even though they are currently recommended as key components of a healthful diet'' (Kind Citizen Petition at pg. 5). The petitioner said that its request would ``make FDA's regulatory regime consistent with current federal dietary recommendations (as is required by law), consistent with current scientific evidence about the health benefits of certain foods, and would significantly benefit the public health by ensuring that consumers fully understand the dietary value of foods available for purchase'' (id.). The petitioner asserted that current federal dietary recommendations encourage dietary patterns that are rich in nuts, whole grains, legumes, seeds, fruits, vegetables, and seafood (id. at pgs. 10-14) and that current science also recognizes the health benefits of consuming nutrient-dense foods (id. at pgs. 14-18). The petitioner also asserted that dietary recommendations and scientific evidence now focus on the quality or types of dietary fat consumed instead of reducing total fat consumption (id. at pgs. 18-19). Thus, the petitioner described its requested changes and actions as being necessary to ``ensure that FDA's requirements are consistent with current federal dietary recommendations and with the most recent scientific evidence, which is essential in providing uniform federal dietary guidance to consumers'' (id. at page 20). II. Other Issues for Consideration We invite interested persons to comment on the petitioner's requests, including the use of the term ``healthy'' as a nutrient content claim in the labeling of human food products; and when, if ever, the use of the term ``healthy'' may be false or misleading. We are particularly interested in responses to the following questions: Is the term ``healthy'' most appropriately categorized as a claim based only on nutrient content? If not, what other criteria (e.g., inclusion of foods from specific food categories) would be appropriate to consider in defining the term ``healthy'' for use in food labeling? If criteria other than nutrient content (e.g., amount of whole grain) are to be included in the definition of the term ``healthy,'' how might we determine whether foods labeled ``healthy'' comply with such other criteria for bearing the claim? What types of food, if any, should be allowed to bear the term ``healthy?'' Should all food categories be subject to the same criteria? Please provide details of your reasoning. Is ``healthy'' the best term to characterize foods that should be encouraged to build healthy dietary practices or patterns? What other words or terms might be more appropriate (e.g., ``nutritious'')? We encourage submission of any studies or data related to descriptors used to communicate the overall healthfulness of a food product. What nutrient criteria should be considered for the definition of the term ``healthy?'' Should nutrients for which intake is recommended to be limited be included? Should nutrients for which intake is encouraged continue to be included? If nutrients for which intake is encouraged are included in the definition, should these nutrients be restricted to those nutrients whose recommended intakes are not met by the [[Page 66565]] general population, or should they include those nutrients that contribute to general overall health? Should the nutrients be intrinsic to the foods, or could they be provided in part--or in total--via fortification? Please provide details of your reasoning and provide any supportive data or information. Are there current dietary recommendations (e.g., the Dietary Guidelines for Americans) or nutrient intake requirements, such as those described in the final rule updating the Nutrition Facts label (see 81 FR 33742; May 27, 2016) or those provided by the Institute of Medicine (IOM) in the form of Dietary Reference Intakes (DRI) (http://www.nationalacademies.org/hmd/Activities/Nutrition/SummaryDRIs/DRI-Tables.aspx), that should be reflected in criteria for use of the term ``healthy?'' What are the public health benefits, if any, of defining the term ``healthy'' or other similar terms in food labeling? Please include any data or research related to public health benefits in your reasoning. What is consumers' understanding of the meaning of the term ``healthy'' as it relates to food? What are consumers' expectations of foods that carry a ``healthy'' claim? We are especially interested in any data or other information that evaluates whether or not consumers associate, confuse, or compare the term ``healthy'' with other descriptive terms and claims. Would this change in the term ``healthy'' cause a shift in consumer behavior in terms of dietary choices? For example, would it cause a shift away from purchasing or consuming fruits and vegetables that do not contain a ``healthy'' claim and towards purchasing or consuming processed foods that bear this new ``healthy'' claim? How will the food industry and consumers regard a change in the definition of ``healthy?'' What would be the costs to industry of the change? Please provide supporting data, consumer research, and other information to support your comments and responses to these questions. III. References The following reference is on display in the Division of Dockets Management (see ADDRESSES) and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically at http://www.regulations.gov. (FDA has verified the Web site address, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.) 1. U.S. Department of Health and Human Services and U.S. Department of Agriculture. 2015-2020 Dietary Guidelines for Americans, 8th Edition, December 2015, available at http://health.gov/dietaryguidelines/2015/guidelines/. Dated: September 23, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016-23365 Filed 9-27-16; 8:45 am] BILLING CODE 4164-01-P
![66562 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules
cost, and assuming that all of the Register, the Commission provides all issuance of final rules updating certain
affected entities qualify as small interested persons an opportunity to of our nutrition labeling regulations. In
entities, the total annual cost to the view and/or print the contents of this addition, we received a citizen petition
industry as a whole is minimal document via the Internet through the asking that we update, among other
($19,577.75), and the average cost per Commission’s Home Page (http:// things, our nutrient content claim
affected entity is $63.23. www.ferc.gov) and in the Commission’s regulations to be consistent with current
45. According to SBA guidance, the Public Reference Room during normal federal dietary guidance. In particular,
determination of significance of impact business hours (8:30 a.m. to 5:00 p.m. the petitioners request that FDA amend
‘‘should be seen as relative to the size Eastern time) at 888 First Street NE., the regulation defining the nutrient
of the business, the size of the Room 2A, Washington, DC 20426. content claim ‘‘healthy’’ with respect to
competitor’s business, and the impact 51. From the Commission’s Home total fat intake and amend the regulation
the regulation has on larger Page on the Internet, this information is to emphasize whole foods and dietary
competitors.’’ 49 The Commission does available on eLibrary. The full text of patterns rather than specific nutrients.
not consider the estimated burden to be this document is available on eLibrary We invite public comment on the term
a significant economic impact. As a in PDF and Microsoft Word format for ‘‘healthy’’, generally, and as a nutrient
result, the Commission certifies that the viewing, printing, and/or downloading. content claim in the context of food
reforms proposed in this NOPR would To access this document in eLibrary, labeling and on specific questions
not have a significant economic impact type the docket number excluding the contained in this document.
on a substantial number of small last three digits of this document in the DATES: Submit either electronic or
entities. docket number field. written comments by January 26, 2017.
VI. Comment Procedures 52. User assistance is available for
ADDRESSES: You may submit comments
eLibrary and the Commission’s Web site
46. The Commission invites interested as follows:
during normal business hours from the
persons to submit comments on the Commission’s Online Support at (202) Electronic Submissions
matters and issues proposed in this 502–6652 (toll free at 1–866–208–3676)
notice to be adopted, including any Submit electronic comments in the
or email at ferconlinesupport@ferc.gov, following way:
related matters or alternative proposals or the Public Reference Room at (202)
that commenters may wish to discuss. • Federal eRulemaking Portal: http://
502–8371, TTY (202) 502–8659. Email www.regulations.gov. Follow the
Comments are due November 28, 2016. the Public Reference Room at
Comments must refer to Docket No. instructions for submitting comments.
public.referenceroom@ferc.gov. Comments submitted electronically,
RM16–13–000, and must include the
commenter’s name, the organization By direction of the Commission. including attachments, to http://
they represent, if applicable, and their Issued: September 22, 2016. www.regulations.gov will be posted to
address in their comments. Nathaniel J. Davis, Sr., the docket unchanged. Because your
47. The Commission encourages Deputy Secretary. comment will be made public, you are
comments to be filed electronically via [FR Doc. 2016–23442 Filed 9–27–16; 8:45 am] solely responsible for ensuring that your
the eFiling link on the Commission’s BILLING CODE 6717–01–P
comment does not include any
Web site at http://www.ferc.gov. The confidential information that you or a
Commission accepts most standard third party may not wish to be posted,
word processing formats. Documents such as medical information, your or
DEPARTMENT OF HEALTH AND
created electronically using word anyone else’s Social Security number, or
HUMAN SERVICES
processing software should be filed in confidential business information, such
native applications or print-to-PDF Food and Drug Administration as a manufacturing process. Please note
format and not in a scanned format. that if you include your name, contact
Commenters filing electronically do not 21 CFR Part 101 information, or other information that
need to make a paper filing. identifies you in the body of your
48. Commenters that are not able to [Docket No. FDA–2016–D–2335] comments, that information will be
file comments electronically must send posted on http://www.regulations.gov.
Use of the Term ‘‘Healthy’’ in the
an original of their comments to: • If you want to submit a comment
Labeling of Human Food Products;
Federal Energy Regulatory Commission, with confidential information that you
Request for Information and
Secretary of the Commission, 888 First do not wish to be made available to the
Comments
Street NE., Washington, DC 20426. public, submit the comment as a
49. All comments will be placed in AGENCY: Food and Drug Administration, written/paper submission and in the
the Commission’s public files and may HHS. manner detailed (see ‘‘Written/Paper
be viewed, printed, or downloaded ACTION: Notification; establishment of Submissions’’ and ‘‘Instructions’’).
remotely as described in the Document docket; request for comments.
Availability section below. Commenters Written/Paper Submissions
on this proposal are not required to SUMMARY: The Food and Drug Submit written/paper submissions as
serve copies of their comments on other Administration (FDA or we) is follows:
commenters. announcing the establishment of a • Mail/Hand delivery/Courier (for
docket to receive information and written/paper submissions): Division of
sradovich on DSK3GMQ082PROD with PROPOSALS
VII. Document Availability
comments on the use of the term Dockets Management (HFA–305), Food
50. In addition to publishing the full ‘‘healthy’’ in the labeling of human food and Drug Administration, 5630 Fishers
text of this document in the Federal products. This action is consistent with Lane, Rm. 1061, Rockville, MD 20852.
our recently released 2016–2025 Foods • For written/paper comments
49 U.S. Small Business Administration, A Guide
and Veterinary Medicine (FVM) submitted to the Division of Dockets
for Government Agencies: How to comply with the
Regulatory Flexibility Act, at 18 (May 2012), https://
Program’s strategic plan with specific Management, FDA will post your
www.sba.gov/sites/default/files/advocacy/rfaguide_ goals for nutrition and other planned comment, as well as any attachments,
0512_0.pdf. and recent activity including the except for information submitted,
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![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 66565
general population, or should they Federal Register, but Web sites are DATES: Comment due date: November
include those nutrients that contribute subject to change over time.) 28, 2016.
to general overall health? Should the 1. U.S. Department of Health and Human ADDRESSES: Interested persons are
nutrients be intrinsic to the foods, or Services and U.S. Department of invited to submit comments regarding
could they be provided in part—or in Agriculture. 2015–2020 Dietary this proposed rule to the Regulations
total—via fortification? Please provide Guidelines for Americans, 8th Edition, Division, Office of General Counsel,
details of your reasoning and provide December 2015, available at http://
Department of Housing and Urban
any supportive data or information. health.gov/dietaryguidelines/2015/
guidelines/. Development, 451 7th Street SW., Room
• Are there current dietary 10276, Washington, DC 20410–0500.
recommendations (e.g., the Dietary Dated: September 23, 2016. Communications must refer to the above
Guidelines for Americans) or nutrient Leslie Kux, docket number and title. There are two
intake requirements, such as those Associate Commissioner for Policy. methods for submitting public
described in the final rule updating the [FR Doc. 2016–23365 Filed 9–27–16; 8:45 am] comments. All submissions must refer
Nutrition Facts label (see 81 FR 33742; BILLING CODE 4164–01–P to the above docket number and title.
May 27, 2016) or those provided by the
1. Submission of Comments by Mail.
Institute of Medicine (IOM) in the form
Comments may be submitted by mail to
of Dietary Reference Intakes (DRI)
DEPARTMENT OF HOUSING AND the Regulations Division, Office of
(http://www.nationalacademies.org/
URBAN DEVELOPMENT General Counsel, Department of
hmd/Activities/Nutrition/
Housing and Urban Development, 451
SummaryDRIs/DRI-Tables.aspx), that
24 CFR Parts 203 and 234 7th Street SW., Room 10276,
should be reflected in criteria for use of
Washington, DC 20410–0500.
the term ‘‘healthy?’’ [Docket No. FR–5715–P–01]
• What are the public health benefits, 2. Electronic Submission of
if any, of defining the term ‘‘healthy’’ or RIN 2502–AJ30 Comments. Interested persons may
other similar terms in food labeling? submit comments electronically through
Please include any data or research Project Approval for Single-Family the Federal eRulemaking Portal at
related to public health benefits in your Condominiums www.regulations.gov. HUD strongly
reasoning. encourages commenters to submit
AGENCY: Office of the Assistant comments electronically. Electronic
• What is consumers’ understanding Secretary for Housing—Federal Housing
of the meaning of the term ‘‘healthy’’ as submission of comments allows the
Commissioner, HUD. commenter maximum time to prepare
it relates to food? What are consumers’ ACTION: Proposed rule.
expectations of foods that carry a and submit a comment, ensures timely
‘‘healthy’’ claim? We are especially receipt by HUD, and enables HUD to
SUMMARY: This proposed rule would make them immediately available to the
interested in any data or other implement HUD’s authority under the
information that evaluates whether or public. Comments submitted
single-family mortgage insurance electronically through the
not consumers associate, confuse, or provisions of the National Housing Act
compare the term ‘‘healthy’’ with other www.regulations.gov Web site can be
to insure one-family units in a viewed by other commenters and
descriptive terms and claims. multifamily project, including a project
• Would this change in the term interested members of the public.
in which the dwelling units are Commenters should follow the
‘‘healthy’’ cause a shift in consumer attached, or are manufactured housing
behavior in terms of dietary choices? instructions provided on that site to
units, semi-detached, or detached, and submit comments electronically.
For example, would it cause a shift an undivided interest in the common
away from purchasing or consuming areas and facilities which serve the Note: To receive consideration as public
fruits and vegetables that do not contain project. The rule would codify comments, comments must be submitted
a ‘‘healthy’’ claim and towards through one of the two methods specified
requirements for Direct Endorsement above. Again, all submissions must refer to
purchasing or consuming processed lenders to meet in order to be approved the docket number and title of the rule.
foods that bear this new ‘‘healthy’’ for the Direct Endorsement Lender
claim? Review and Approval Process (DELRAP) No Facsimile Comments. Facsimile
• How will the food industry and authority for condominiums, and basic (fax) comments are not acceptable.
consumers regard a change in the standards that projects must meet to be Public Inspection of Public
definition of ‘‘healthy?’’ approved as condominiums in which Comments. HUD will make all properly
• What would be the costs to industry individual units would be eligible for submitted comments and
of the change? mortgage insurance, as well as communications available for public
Please provide supporting data, particular cases such as Single-Unit inspection and copying between 8 a.m.
consumer research, and other Approvals and site condominiums. The and 5 p.m. weekdays at the above
information to support your comments rule provides a method by which certain address. Due to security measures at the
and responses to these questions. approval standards could be varied HUD Headquarters building, you must
efficiently to meet market needs while schedule an appointment in advance to
III. References providing for public comment where review the public comments by calling
The following reference is on display appropriate. Currently, single-family the Regulations Division at 202–708–
sradovich on DSK3GMQ082PROD with PROPOSALS
in the Division of Dockets Management condominium project approval is 3055 (this is not a toll-free number).
(see ADDRESSES) and is available for provided under HUD’s Condominium Individuals with speech or hearing
viewing by interested persons between Project Approval and Processing Guide impairments may access this number
9 a.m. and 4 p.m., Monday through and related Mortgagee Letters. via TTY by calling the toll-free Federal
Friday; it is also available electronically Condominiums under this rule are Relay Service at 800–877–8339. Copies
at http://www.regulations.gov. (FDA has distinct from condominiums in which of all comments submitted are available
verified the Web site address, as of the the project has a blanket mortgage for inspection and downloading at
date this document publishes in the insured by HUD. www.regulations.gov.
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Document Created: 2016-09-28 01:08:32
Document Modified: 2016-09-28 01:08:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notification; establishment of docket; request for comments. | |
| Dates | Submit either electronic or written comments by January 26, 2017. | |
| Contact | Vincent de Jesus, Center for Food Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1450. | |
| FR Citation | 81 FR 66562 |
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