81 FR 76323 - Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products That Can Be Used To Fill Cupcakes and Other Desserts, 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 212 (November 2, 2016)
Food and Drug Administration
Federal Register Volume 81, Issue 212 (November 2, 2016)
| Page Range | 76323-76325 | |
| FR Document | 2016-26407 |
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)] [Proposed Rules] [Pages 76323-76325] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26407] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA-2016-N-2938] Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products That Can Be Used To Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notification of request for comments. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA or we) is announcing the establishment of a docket to receive comments, particularly data and other information, on the appropriate reference amount customarily consumed (RACC) and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), and products that can be used to fill cupcakes and other desserts, such as cakes and pastries. We are taking this action in part because we have recently issued a final rule updating certain RACCs, and we have also received a citizen petition asking that we either issue a guidance recognizing that ``nut cocoa-based spreads'' fall within the ``Honey, jams, jellies, fruit butter, molasses'' category for purposes of RACC determination; or amend the regulation to establish a new RACC category for ``nut cocoa- based spreads'' with an RACC of 1 tablespoon (tbsp.). We also are taking this action in response to a request to amend our serving size regulations to establish an RACC and product category for cupcake filling. DATES: Comments must be received on or before January 3, 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, marked and identified as confidential, if submitted as detailed in ``Instructions.'' Instructions: All submissions received must include the Docket No. FDA-2016-N-2938 for ``Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products That Can Be Used To Fill Cupcakes and Other Desserts, 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.'' We will review this copy, including the claimed confidential information, in our 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 [[Page 76324]] 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: Cherisa Henderson, 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. Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored) Under section 403(q)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(q)(1)(A)(i)), food that is intended for human consumption and offered for sale must bear nutrition information that provides a serving size that reflects the amount of food customarily consumed (i.e., the RACC) and is expressed in a common household measure that is appropriate to the food (unless an exception applies). We established RACCs for specific product categories in a final rule that appeared in the Federal Register on January 6, 1993, entitled ``Food Labeling; Serving Sizes'' (58 FR 2229, ``1993 final rule''). In the 1993 final rule, FDA provided nine general principles and factors for establishing RACCs in 21 CFR 101.12(a) to ensure that foods that have similar dietary usage, product characteristics, and customarily consumed amounts have a uniform reference amount. The 1993 final rule included a reference (Ref. 1) to a memorandum to the file entitled ``List of products for each product category,'' which listed ``Nutella'' as an example of a product in the product category ``Other dessert toppings, e.g., fruits, syrups, spreads, marshmallow cream, nuts, dairy and non-dairy whipped toppings'' (see 58 FR 2229 at 2268). The conclusion that ``Nutella'' belongs in the ``Other dessert toppings, e.g., fruits, syrups, spreads, marshmallow cream, nuts, dairy and non-dairy whipped toppings'' category with an RACC of two tbsp. was based on a consumer survey conducted in 1991 that showed a significant number of respondents used ``Nutella'' as a dessert topping, particularly for ice cream. In the Federal Register of March 3, 2014, we published a proposed rule entitled, ``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'' (79 FR 11990, ``2014 proposed rule''). The 2014 proposed rule proposed to update and modify certain RACCs for previously established product categories and establish RACCs for new products and product categories. The 2014 proposed rule provided no specific discussion with respect to ``Nutella.'' After publication of the proposed rule, on March 4, 2014, we received a citizen petition that requested we either: (1) Issue guidance recognizing that ``nut cocoa- based spreads'' fall within the ``Honey, jams, jellies, fruit butter, molasses'' category for purposes of RACC determination or (2) amend Sec. 101.12 to establish a new product category for ``nut cocoa-based spreads'' with an RACC of one tbsp. (Docket No. FDA-2014-P-0263.) Based on the information provided, which included data pertaining specifically to ``Nutella,'' we understand that the petition intended ``Nutella'' to be incorporated into a category described as ``nut cocoa-based spreads.'' The petitioner submitted results of a consumer usage survey that the petitioner had commissioned through a marketing research firm. The survey included 722 mothers who purchased ``Nutella'' in the past 3 months. The survey found that, on average, 74 percent of ``Nutella'' use was associated with spreading the product on bread, including toast and in making sandwiches, and that two percent of use was as a topping for ice cream. The petition also included the results of an analysis of the National Health and Nutrition Examination Survey (NHANES) 2003-2010 consumption data for individuals aged 4 years or older (n = 43). The reported mean, median, and mode consumption amounts from this analysis for ``Nutella,'' including similar products used as chocolate-flavored hazelnut spreads, were 22.6 grams (g) (about 1 tbsp.), 18 g (1 tbsp.), and 18 g (1 tbsp.), respectively. On March 10, 2016, we received a comment in response to the 2014 proposed rule in which a report prepared by a scientific consulting firm analyzed the NHANES data from 2003 through 2012 among participants aged 1 year and older for ``Nutella'' and other similar products used as chocolate-flavored hazelnut spreads (n = 92) (Ref. 2). The comment stated that the results showed that the mean, median, and mode consumption amounts were 28.6 g, 18 g (about 1 tbsp.), and 12 g, respectively. The comment included a report of an online survey designed to estimate the amount of ``Nutella'' typically consumed in an eating occasion. The comment asserted that the survey was administered to a representative sample of the U.S. population aged 18 to 80 years, with an average age of 27.3 years. Four hundred and thirty respondents consumed ``Nutella'' in the year before the survey was administered, and these respondents reported 824 eating occasions. Based on the categorical consumption amount selections weighted by the frequency of such amount consumed, the comment concluded that median consumption per eating occasion was 18.5 g (about 1 tbsp.), that the mean consumption per eating occasion was 32.6 g, and that almost half of the eating occasions (46.9 percent) involved using the product as a spread with bread or toast, as compared to use with crackers or cookies (17.2 percent), use by itself (13.9 percent), use as a spread for fruit (10.8 percent), use as a spread over pancakes or waffles (8.2 percent), and other uses (3 percent). The report concluded that the median consumption amount from both analyses was one tbsp., consistent with the RACC of one tbsp. that we had established for sweet spreads for bread such as honey, jams, and jellies. Following the receipt of the citizen petition and comment, in the Federal Register of May 27, 2016, we published a final rule entitled, ``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) (``2016 final rule''). The 2016 final rule updated and modified certain [[Page 76325]] RACCs for previously established product categories and established RACCs for new products and product categories. The preamble to the 2016 final rule explained in the response to the comment on nut cocoa-based spreads that the primary usage of hazelnut spread, which was a reference to nut cocoa-based spreads such as ``Nutella'' discussed in the comment, is as a spread for bread instead of as a dessert topping (81 FR 34000 at 34029 to 34030). However, with respect to specific assertions raised in the March 10, 2016, comment, we responded that, while we recognize a need for an RACC for hazelnut spread outside of the dessert product category,'' and agreed that the primary usage of hazelnut spread is as a spread for bread instead of as a dessert topping because the proposed rule was silent about an RACC for hazelnut spread, and because we intended to provide the opportunity for public comment on this specific issue, we intended to consider whether to move hazelnut spread to a different appropriate product category in a future rulemaking'' (81 FR 34000 at 34029). This notification of request for comments represents the first step of our evaluation of the appropriate RACC and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), which we consider to include ``nut cocoa- based spread'' as described in the citizen petition and comment to the 2014 proposed rule. B. Products Used as a Filling for Cupcakes and Other Desserts In response to the 2014 proposed rule, one comment requested that we establish an RACC for icing intended for use as cupcake filling. In the preamble to the 2016 final rule, we said that we recognize a need for an RACC for this specific food product as well as for other types of cake or pastry fillings,'' but we further explained that, because the proposed rule was silent about an RACC for cupcake filling, and because we intended to provide the opportunity for public comment on this specific issue, we intend to establish an RACC for this product category in future rulemaking'' (81 FR 34000 at 34029). This notification of request for comments represents the first step of our evaluation of the appropriate RACC and product category for products used as a filling for cupcakes and other desserts. II. Other Issues for Consideration We invite interested persons to comment on the appropriate RACC and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), and products used as fillings for cupcakes and other desserts, such as cakes and pastries. In responding to the specific questions identified in this notice, please provide additional data and information that you believe we should consider. Please thoroughly explain your reasoning and provide data and other information to support your comments and responses to these questions. If you submit data, please also provide information regarding the type of survey or study conducted, research methodology, sampling frame, results of statistical analyses, and any other information needed to interpret the data. We are particularly interested in responses to the following questions: What additional data and information are available to determine the customary consumption amounts of and appropriate product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? What is the major intended use of flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? What other products on the market, if any, are similar to flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored)? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored) compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products? What additional data and information are available regarding the customary consumption amounts and product category of products used as fillings for cupcakes and other desserts, such as cakes and pastries? What is the major intended use of fillings for cupcakes and other desserts, such as cakes and pastries? What other products on the market, if any, are similar to cupcake filling, such as cakes and pastries fillings? What product characteristics make these products similar? What dietary usage makes these products similar? Which product categories do fillings for cupcakes and other desserts, such as cakes and pastries, compete with or take market share and volume from? What data and information are available regarding the customary consumption amounts and product category for these similar products? III. References The following references are on display in the Division of Dockets Management (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they are also available electronically at http://www.regulations.gov. 1. Park, Y., Memorandum to the File, List of Products for Each Product Category, October 8, 1992. 2. Ferrero Inc., Comment to the 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; Proposed Rule. August 1, 2014. Dated: October 27, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016-26407 Filed 11-1-16; 8:45 am] BILLING CODE 4164-01-P
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Secretary of the Commission, 888 First DEPARTMENT OF HEALTH AND third party may not wish to be posted,
Street NE., Washington, DC 20426. HUMAN SERVICES such as medical information, your or
52. All comments will be placed in anyone else’s Social Security number, or
Food and Drug Administration confidential business information, such
the Commission’s public files and may
as a manufacturing process. Please note
be viewed, printed, or downloaded 21 CFR Part 101 that if you include your name, contact
remotely as described in the Document
[Docket No. FDA–2016–N–2938] information, or other information that
Availability section below. Commenters identifies you in the body of your
on this proposal are not required to comments, that information will be
Reference Amount Customarily
serve copies of their comments on other posted on http://www.regulations.gov.
Consumed for Flavored Nut Butter
commenters. Spreads and Products That Can Be • If you want to submit a comment
VI. Document Availability Used To Fill Cupcakes and Other with confidential information that you
Desserts, in the Labeling of Human do not wish to be made available to the
53. In addition to publishing the full Food Products; Request for public, submit the comment as a
text of this document in the Federal Information and Comments written/paper submission and in the
Register, the Commission provides all manner detailed (see ‘‘Written/Paper
AGENCY: Food and Drug Administration, Submissions’’ and ‘‘Instructions’’).
interested persons an opportunity to
HHS.
view and/or print the contents of this Written/Paper Submissions
Notification of request for
ACTION:
document via the Internet through the Submit written/paper submissions as
comments.
Commission’s Home Page (http:// follows:
www.ferc.gov) and in the Commission’s SUMMARY: The Food and Drug • Mail/Hand delivery/Courier (for
Public Reference Room during normal Administration (FDA or we) is written/paper submissions): Division of
business hours (8:30 a.m. to 5:00 p.m. announcing the establishment of a Dockets Management (HFA–305), Food
Eastern time) at 888 First Street NE., docket to receive comments, and Drug Administration, 5630 Fishers
Room 2A, Washington, DC 20426. particularly data and other information, Lane, Rm. 1061, Rockville, MD 20852.
54. From the Commission’s Home
on the appropriate reference amount • For written/paper comments
customarily consumed (RACC) and submitted to the Division of Dockets
Page on the Internet, this information is
product category for flavored nut butter Management, FDA will post your
available on eLibrary. The full text of
spreads (e.g., cocoa, cookie, and coffee comment, as well as any attachments,
this document is available on eLibrary flavored), and products that can be used except for information submitted,
in PDF and Microsoft Word format for to fill cupcakes and other desserts, such marked and identified as confidential, if
viewing, printing, and/or downloading. as cakes and pastries. We are taking this submitted as detailed in ‘‘Instructions.’’
To access this document in eLibrary, action in part because we have recently Instructions: All submissions received
type the docket number excluding the issued a final rule updating certain must include the Docket No. FDA–
last three digits of this document in the RACCs, and we have also received a 2016–N–2938 for ‘‘Reference Amount
docket number field. citizen petition asking that we either Customarily Consumed for Flavored Nut
55. User assistance is available for issue a guidance recognizing that ‘‘nut Butter Spreads (e.g., cocoa, cookie, and
eLibrary and the Commission’s Web site cocoa-based spreads’’ fall within the coffee flavored), and Products That Can
during normal business hours from the ‘‘Honey, jams, jellies, fruit butter, Be Used To Fill Cupcakes and Other
Commission’s Online Support at (202) molasses’’ category for purposes of Desserts, in the Labeling of Human Food
502–6652 (toll free at 1–866–208–3676) RACC determination; or amend the Products; Request for Information and
or email at ferconlinesupport@ferc.gov, regulation to establish a new RACC Comments.’’ Received comments will be
or the Public Reference Room at (202) category for ‘‘nut cocoa-based spreads’’ placed in the docket and, except for
502–8371, TTY (202) 502–8659. Email with an RACC of 1 tablespoon (tbsp.). those submitted as ‘‘Confidential
We also are taking this action in Submissions,’’ publicly viewable at
the Public Reference Room at
response to a request to amend our http://www.regulations.gov or at the
public.referenceroom@ferc.gov.
serving size regulations to establish an Division of Dockets Management
By direction of the Commission. RACC and product category for cupcake between 9 a.m. and 4 p.m., Monday
Issued: October 20, 2016. filling. through Friday.
Nathaniel J. Davis, Sr., DATES: Comments must be received on • Confidential Submissions—To
or before January 3, 2017. submit a comment with confidential
Deputy Secretary.
ADDRESSES: You may submit comments information that you do not wish to be
[FR Doc. 2016–26227 Filed 11–1–16; 8:45 am]
as follows: made publicly available, submit your
BILLING CODE 6717–01–P comments only as a written/paper
Electronic Submissions submission. You should submit two
Submit electronic comments in the copies total. One copy will include the
following way: information you claim to be confidential
• Federal eRulemaking Portal: http:// with a heading or cover note that states
www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS
instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ We
Comments submitted electronically, will review this copy, including the
ehiers on DSK5VPTVN1PROD with PROPOSALS
including attachments, to http:// claimed confidential information, in our
www.regulations.gov will be posted to consideration of comments. The second
the docket unchanged. Because your copy, which will have the claimed
comment will be made public, you are confidential information redacted/
solely responsible for ensuring that your blacked out, will be available for public
comment does not include any viewing and posted on http://
confidential information that you or a www.regulations.gov. Submit both
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RACCs for previously established flavored), and products used as fillings Management (see ADDRESSES) and are
product categories and established for cupcakes and other desserts, such as available for viewing by interested
RACCs for new products and product cakes and pastries. In responding to the persons between 9 a.m. and 4 p.m.,
categories. The preamble to the 2016 specific questions identified in this Monday through Friday; they are also
final rule explained in the response to notice, please provide additional data available electronically at http://
the comment on nut cocoa-based and information that you believe we www.regulations.gov.
spreads that the primary usage of should consider. Please thoroughly 1. Park, Y., Memorandum to the File, List
hazelnut spread, which was a reference explain your reasoning and provide data of Products for Each Product Category,
to nut cocoa-based spreads such as and other information to support your October 8, 1992.
‘‘Nutella’’ discussed in the comment, is comments and responses to these 2. Ferrero Inc., Comment to the Food
as a spread for bread instead of as a questions. If you submit data, please Labeling: Serving Sizes of Foods That Can
dessert topping (81 FR 34000 at 34029 also provide information regarding the Reasonably Be Consumed at One-Eating
to 34030). However, with respect to type of survey or study conducted, Occasion; Dual Column Labeling; Updating,
specific assertions raised in the March research methodology, sampling frame, Modifying, and Establishing Certain
10, 2016, comment, we responded that, Reference Amounts Customarily Consumed;
results of statistical analyses, and any Proposed Rule. August 1, 2014.
while we recognize a need for an RACC other information needed to interpret
for hazelnut spread outside of the the data. Dated: October 27, 2016.
dessert product category,’’ and agreed We are particularly interested in Leslie Kux,
that the primary usage of hazelnut responses to the following questions: Associate Commissioner for Policy.
spread is as a spread for bread instead • What additional data and [FR Doc. 2016–26407 Filed 11–1–16; 8:45 am]
of as a dessert topping because the information are available to determine BILLING CODE 4164–01–P
proposed rule was silent about an RACC the customary consumption amounts of
for hazelnut spread, and because we and appropriate product category for
intended to provide the opportunity for flavored nut butter spreads (e.g., cocoa,
public comment on this specific issue, cookie, and coffee flavored)? DEPARTMENT OF DEFENSE
we intended to consider whether to • What is the major intended use of
Office of the Secretary
move hazelnut spread to a different flavored nut butter spreads (e.g., cocoa,
appropriate product category in a future cookie, and coffee flavored)?
• What other products on the market, 32 CFR Part 221
rulemaking’’ (81 FR 34000 at 34029).
This notification of request for if any, are similar to flavored nut butter [Docket ID: DOD–2015–OS–0054]
comments represents the first step of spreads (e.g., cocoa, cookie, and coffee
our evaluation of the appropriate RACC flavored)? What product characteristics RIN 0790–AJ36
and product category for flavored nut make these products similar? What
butter spreads (e.g., cocoa, cookie, and dietary usage makes these products DoD Identity Management
coffee flavored), which we consider to similar? Which product categories do AGENCY: Under Secretary of Defense for
include ‘‘nut cocoa-based spread’’ as flavored nut butter spreads (e.g., cocoa, Personnel and Readiness (USD(P&R)),
described in the citizen petition and cookie, and coffee flavored) compete DoD.
comment to the 2014 proposed rule. with or take market share and volume ACTION: Proposed rule.
from? What data and information are
B. Products Used as a Filling for
available regarding the customary SUMMARY: This rulemaking establishes
Cupcakes and Other Desserts
consumption amounts and product implementation guidelines for DS Logon
In response to the 2014 proposed rule, category for these similar products? to provide a secure means of
one comment requested that we • What additional data and authentication to applications
establish an RACC for icing intended for information are available regarding the containing personally identifiable
use as cupcake filling. In the preamble customary consumption amounts and information (PII) and personal health
to the 2016 final rule, we said that we product category of products used as information (PHI). This will allow
recognize a need for an RACC for this fillings for cupcakes and other desserts, beneficiaries and other individuals with
specific food product as well as for such as cakes and pastries? a continuing affiliation with DoD to
other types of cake or pastry fillings,’’ • What is the major intended use of update pay or health-care information in
but we further explained that, because fillings for cupcakes and other desserts, a secure environment. This service can
the proposed rule was silent about an such as cakes and pastries? be accessed by active duty, National
RACC for cupcake filling, and because • What other products on the market, Guard and Reserve, and Commissioned
we intended to provide the opportunity if any, are similar to cupcake filling, Corps members of the uniformed
for public comment on this specific such as cakes and pastries fillings? What services when separating from active
issue, we intend to establish an RACC product characteristics make these duty or from the uniformed service.
for this product category in future products similar? What dietary usage
DATES: Comments must be received by
rulemaking’’ (81 FR 34000 at 34029). makes these products similar? Which
This notification of request for product categories do fillings for January 3, 2017.
comments represents the first step of cupcakes and other desserts, such as ADDRESSES: You may submit comments,
our evaluation of the appropriate RACC cakes and pastries, compete with or take identified by docket number and/or RIN
and product category for products used market share and volume from? What number and title, by any of the
following methods:
ehiers on DSK5VPTVN1PROD with PROPOSALS
as a filling for cupcakes and other data and information are available
desserts. regarding the customary consumption • Federal Rulemaking Portal: http://
amounts and product category for these www.regulations.gov. Follow the
II. Other Issues for Consideration instructions for submitting comments.
similar products?
We invite interested persons to • Mail: Department of Defense, Office
comment on the appropriate RACC and III. References of the Deputy Chief Management
product category for flavored nut butter The following references are on Officer, Directorate for Oversight and
spreads (e.g., cocoa, cookie, and coffee display in the Division of Dockets Compliance, 4800 Mark Center Drive,
VerDate Sep<11>2014 14:23 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\02NOP1.SGM 02NOP1](https://thefederalregister.org/doc/81_FR_76535/page/3.svg)
Document Created: 2016-11-02 01:41:03
Document Modified: 2016-11-02 01:41:03
| 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 of request for comments. | |
| Dates | Comments must be received on or before January 3, 2017. | |
| Contact | Cherisa Henderson, 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 76323 |
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