81 FR 80631 - Nutrition Facts Label Compliance

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range		80631-80632
FR Document		2016-27506

The Food Safety and Inspection Service (FSIS) is announcing that while FSIS is in the process of rulemaking to update the Nutrition Facts label format for meat and poultry products, establishments may voluntarily choose to use the Nutrition Facts label format that the Food and Drug Administration (FDA) recently finalized (``Food Labeling: Revision of the Nutrition and Supplement facts labels'', May 27, 2016; 81 FR 33742; and ``Food Labeling: Serving Sizes of Foods That Can Reasonably be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments''; May 27, 2016; 81 FR 34000). As long as the information on the labels is still truthful and not misleading, FSIS will not find noncompliance if companies use the FDA format. When FSIS publishes a final rule to update the Nutrition Facts label format for meat and poultry products, companies would have to comply with that final rule by the effective date and will no longer be able to use the FDA format if it is different from the FSIS format.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016)

[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80631-80632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27506]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / 
Notices

[[Page 80631]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2016-0030]


Nutrition Facts Label Compliance

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that while FSIS is in the process of rulemaking to update the Nutrition 
Facts label format for meat and poultry products, establishments may 
voluntarily choose to use the Nutrition Facts label format that the 
Food and Drug Administration (FDA) recently finalized (``Food Labeling: 
Revision of the Nutrition and Supplement facts labels'', May 27, 2016; 
81 FR 33742; and ``Food Labeling: Serving Sizes of Foods That Can 
Reasonably be Consumed at One-Eating Occasion; Dual-Column Labeling; 
Updating, Modifying, and Establishing Certain Reference Amounts 
Customarily Consumed; Serving Size for Breath Mints; and Technical 
Amendments''; May 27, 2016; 81 FR 34000). As long as the information on 
the labels is still truthful and not misleading, FSIS will not find 
noncompliance if companies use the FDA format. When FSIS publishes a 
final rule to update the Nutrition Facts label format for meat and 
poultry products, companies would have to comply with that final rule 
by the effective date and will no longer be able to use the FDA format 
if it is different from the FSIS format.

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

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

Nutrition Facts Label Compliance

    On May 27, 2016, FDA published two final rules, ``Food Labeling: 
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742) 
and ``Food Labeling: Serving Sizes of Foods That Can Reasonably Be 
Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, 
Modifying, and Establishing Certain Reference Amounts Customarily 
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81 
FR 34000), to update the Nutrition Facts label to reflect newer 
nutrition and public health research and recent dietary recommendations 
from expert groups and to improve the presentation of nutrition 
information to help consumers make more informed choices and maintain 
healthy dietary practices. FSIS has reviewed FDA's analysis and 
believes it is necessary to propose nutrition labeling regulations for 
meat and poultry products that will parallel, to the extent possible, 
FDA's regulations. This approach will help prevent consumer confusion 
and nonuniformity in the marketplace. While FSIS is in the process of 
rulemaking to update the Nutrition Facts label format for meat and 
poultry

[[Page 80632]]

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

USDA Nondiscrimination Statement

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

Additional Public Notification

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

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

80631

Notices Federal Register
Vol. 81, No. 221

Wednesday, November 16, 2016

This section of the FEDERAL REGISTER short comments directly into the can enter commerce. The Acts prohibit
contains documents other than rules or comment field on this Web page or the sale or offer for sale by any person,
proposed rules that are applicable to the attach a file for lengthier comments. Go firm, or corporation of any article in
public. Notices of hearings and investigations, to http://www.regulations.gov. Follow commerce under any name or other
committee meetings, agency decisions and the on-line instructions at that site for marking or labeling that is false or
rulings, delegations of authority, filing of
petitions and applications and agency
submitting comments. misleading or in any container of a
statements of organization and functions are • Mail, including CD–ROMs, etc.: misleading form or size (21 U.S.C.
examples of documents appearing in this Send to Docket Clerk, U.S. Department 607(d); 21 U.S.C. 457(c)). The Acts also
section. of Agriculture, Food Safety and prohibit the distribution in commerce of
Inspection Service, Patriots Plaza 3, meat or poultry products that are
1400 Independence Avenue SW., adulterated or misbranded. The FMIA
DEPARTMENT OF AGRICULTURE Mailstop 3782, Room 8–163B, and PPIA give FSIS broad authority to
Washington, DC 20250–3700. promulgate such rules and regulations
Food Safety and Inspection Service • Hand- or Courier-Delivered as are necessary to carry out the
[Docket No. FSIS–2016–0030] Submittals: Deliver to Patriots Plaza 3, provisions of the Acts (21 U.S.C. 621
355 E Street SW., Room 8–163B, and 463(b)).
Nutrition Facts Label Compliance Washington, DC 20250–3700. To prevent meat and poultry products
Instructions: All items submitted by from being misbranded, the meat and
AGENCY: Food Safety and Inspection mail or electronic mail must include the poultry product inspection regulations
Service, USDA. Agency name and docket number FSIS– require that the labels of meat and
ACTION: Notice. 2016–0030. Comments received in poultry products include specific
response to this docket will be made information, such as nutrition labels,
SUMMARY: The Food Safety and available for public inspection and and that such information be displayed
Inspection Service (FSIS) is announcing posted without change, including any as prescribed in the regulations (9 CFR
that while FSIS is in the process of personal information, to http:// part 317 and part 381). The nutrition
rulemaking to update the Nutrition www.regulations.gov. labeling requirements for meat and meat
Facts label format for meat and poultry Docket: For access to background food products are in 9 CFR 317.300–
products, establishments may documents or comments received, go to 317.400, and the nutrition labeling
voluntarily choose to use the Nutrition the FSIS Docket Room at Patriots Plaza requirements for poultry products are in
Facts label format that the Food and 3, 355 E Street SW., Room 8–164, 9 CFR 381.400–381.500.
Drug Administration (FDA) recently Washington, DC 20250–3700 between
finalized (‘‘Food Labeling: Revision of 8:00 a.m. and 4:30 p.m., Monday Nutrition Facts Label Compliance
the Nutrition and Supplement facts through Friday. On May 27, 2016, FDA published two
labels’’, May 27, 2016; 81 FR 33742; and FOR FURTHER INFORMATION CONTACT: Jeff final rules, ‘‘Food Labeling: Revision of
‘‘Food Labeling: Serving Sizes of Foods Canavan, Deputy Director, Labeling and the Nutrition and Supplement Facts
That Can Reasonably be Consumed at Program Delivery Staff, Office of Policy Labels’’ (81 FR 33742) and ‘‘Food
One-Eating Occasion; Dual-Column and Program Development, Food Safety Labeling: Serving Sizes of Foods That
Labeling; Updating, Modifying, and and Inspection Service, U.S. Department Can Reasonably Be Consumed at One-
Establishing Certain Reference Amounts of Agriculture, Stop Code 3784, Patriots Eating Occasion; Dual-Column Labeling;
Customarily Consumed; Serving Size for Plaza 3, 8–161A, 1400 Independence Updating, Modifying, and Establishing
Breath Mints; and Technical Avenue SW., Washington, DC 20250– Certain Reference Amounts Customarily
Amendments’’; May 27, 2016; 81 FR 3700; Telephone (301) 504–0879; Fax Consumed; Serving Size for Breath
34000). As long as the information on (202) 245–4792. Mints; and Technical Amendments’’ (81
the labels is still truthful and not FR 34000), to update the Nutrition Facts
SUPPLEMENTARY INFORMATION:
misleading, FSIS will not find label to reflect newer nutrition and
noncompliance if companies use the Background public health research and recent
FDA format. When FSIS publishes a FSIS is the public health regulatory dietary recommendations from expert
final rule to update the Nutrition Facts agency in the USDA that is responsible groups and to improve the presentation
label format for meat and poultry for ensuring that the nation’s of nutrition information to help
products, companies would have to commercial supply of meat, poultry, consumers make more informed choices
comply with that final rule by the and egg products is safe, wholesome, and maintain healthy dietary practices.
effective date and will no longer be able and accurately labeled and packaged. FSIS has reviewed FDA’s analysis and
to use the FDA format if it is different Under the Federal Meat Inspection Act believes it is necessary to propose
from the FSIS format. (FMIA) (21 U.S.C. 601–695, at 607), the nutrition labeling regulations for meat
asabaliauskas on DSK3SPTVN1PROD with NOTICES

DATES: Comments must be received by Poultry Products Inspection Act (PPIA) and poultry products that will parallel,
December 16, 2016. (21 U.S.C. 451–470, at 457), and the Egg to the extent possible, FDA’s
ADDRESSES: FSIS invites interested Products Inspection Act (21 U.S.C. regulations. This approach will help
persons to submit comments on this 1031–1056, at 1036) (the ‘‘Acts’’), the prevent consumer confusion and
notice. Comments may be submitted by labels of meat, poultry, and egg products nonuniformity in the marketplace.
one of the following methods: must be approved by the Secretary of While FSIS is in the process of
• Federal eRulemaking Portal: This Agriculture, who has delegated this rulemaking to update the Nutrition
Web site provides the ability to type authority to FSIS, before these products Facts label format for meat and poultry

VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1

Document Created: 2016-11-16 00:57:43
Document Modified: 2016-11-16 00:57:43

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		Notices
Action		Notice.
Dates		Comments must be received by December 16, 2016.
Contact		Jeff Canavan, Deputy Director, Labeling and Program Delivery Staff, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Stop Code 3784, Patriots Plaza 3, 8-161A, 1400 Independence Avenue SW., Washington, DC 20250-3700; Telephone (301) 504-0879; Fax (202) 245-4792.
FR Citation		81 FR 80631

81 FR 80631 - Nutrition Facts Label Compliance

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

Federal Register Volume 81, Issue 221 (November 16, 2016)

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service