81_FR_96655 81 FR 96404 - Use of the Term “Healthy” in the Labeling of Human Food Products; Request for Information and Comments; Extension of Comment Period

81 FR 96404 - Use of the Term “Healthy” in the Labeling of Human Food Products; Request for Information and Comments; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96404-96405
FR Document2016-31734

The Food and Drug Administration (FDA or we) is extending the comment period for a docket to receive information and comments on the use of the term ``healthy'' in the labeling of human food products. We established the docket through a notice that appeared in the Federal Register of September 28, 2016. In the notice, we requested comments on the term ``healthy'', generally, and as a nutrient content claim in the context of food labeling; we also requested comments on specific questions contained in the notice. We are taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Proposed Rules]
[Pages 96404-96405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31734]


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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; Extension of Comment 
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the 
comment period for a docket to receive information and comments on the 
use of the term ``healthy'' in the labeling of human food products. We 
established the docket through a notice that appeared in the Federal 
Register of September 28, 2016. In the notice, we requested comments on 
the term ``healthy'', generally, and as a nutrient content claim in the 
context of food labeling; we also requested comments on specific 
questions contained in the notice. We are taking this action in 
response to requests for an extension to allow interested persons 
additional time to submit comments.

DATES: FDA is extending the comment period on the notice that published 
in the Federal Register of September 28, 2016 (81 FR 66562). Submit 
either electronic or written comments by April 26, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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-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 https://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 https://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

[[Page 96405]]

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 https://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: In the Federal Register of September 28, 
2016, we published a notice 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. The notice discussed FDA's 
position regarding the use of the term ``healthy'', the events that 
prompted us to establish a docket to request information and comments 
on this issue, and specific issues for consideration. We provided a 
120-day comment period that was scheduled to end on January 26, 2017.
    We have received requests to extend the comment period. The 
requests conveyed concern that the current 120-day comment period does 
not allow sufficient time to develop meaningful or thoughtful comments 
to the questions and issues we presented in the notice.
    We have considered the requests and are extending the comment 
period for 90 days, until April 26, 2017. We believe that a 90-day 
extension allows adequate time for interested persons to submit 
comments.

    Dated: December 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-31734 Filed 12-29-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  96404                         Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules

                                                                  Short name/acronym                                                                                    Commenter

                                                  EPSA/P3 ....................................................       Electric Power Supply Association and PJM Power Providers.
                                                  EPSA/WPTF ..............................................           Electric Power Supply Association and Western Power Trading Forum.
                                                  Entergy .......................................................    Entergy Services, Inc. commented on behalf of the Entergy Operating Companies (Entergy Arkan-
                                                                                                                       sas, Inc.; Entergy Louisiana, LLC; Entergy Mississippi, Inc.; Entergy New Orleans, Inc.; and
                                                                                                                       Entergy Texas, Inc.).
                                                  Exelon ........................................................    Exelon Corporation.
                                                  Golden Spread Electric ..............................              Golden Spread Electric Cooperative, Inc.
                                                  IMG Midstream/Tangibl .............................                IMG Midstream LLC and Tangibl LLC.
                                                  ISO–NE ......................................................      ISO New England Inc.
                                                  LIPA ...........................................................   Long Island Power Authority and Long Island Lighting Company d/b/a Power Supply Long Island.
                                                  MISO ..........................................................    Midcontinent Independent System Operator, Inc.
                                                  PJM Market Monitor ..................................              Monitoring Analytics, LLC.
                                                  NYISO ........................................................     New York Independent System Operator, Inc.
                                                  PJM ............................................................   PJM Interconnection, L.L.C.
                                                  PSEG Companies ......................................              PSEG Companies (Public Service Electric and Gas Company; PSEG Power LLC; and PSEG En-
                                                                                                                       ergy Resources & Trade LLC).
                                                  SPP ............................................................   Southwest Power Pool, Inc.
                                                  Westar ........................................................    Westar Energy, Inc.



                                                  [FR Doc. 2016–30971 Filed 12–29–16; 8:45 am]                            ADDRESSES:        You may submit comments              marked and identified, as confidential,
                                                  BILLING CODE 6717–01–P                                                  as follows:                                            if submitted as detailed in
                                                                                                                                                                                 ‘‘Instructions.’’
                                                                                                                          Electronic Submissions                                    Instructions: All submissions received
                                                                                                                            Submit electronic comments in the                    must include the Docket No. FDA–
                                                  DEPARTMENT OF HEALTH AND                                                following way:                                         2016–D–2335 for ‘‘Use of the Term
                                                  HUMAN SERVICES                                                            • Federal eRulemaking Portal:                        ’Healthy’ in the Labeling of Human
                                                                                                                          https://www.regulations.gov. Follow the                Food Products; Request for Information
                                                  Food and Drug Administration
                                                                                                                          instructions for submitting comments.                  and Comments.’’ Received comments
                                                                                                                          Comments submitted electronically,                     will be placed in the docket and, except
                                                  21 CFR Part 101
                                                                                                                          including attachments, to https://                     for those submitted as ‘‘Confidential
                                                  [Docket No. FDA–2016–D–2335]                                            www.regulations.gov will be posted to                  Submissions,’’ publicly viewable at
                                                                                                                          the docket unchanged. Because your                     https://www.regulations.gov or at the
                                                  Use of the Term ‘‘Healthy’’ in the                                      comment will be made public, you are                   Division of Dockets Management
                                                  Labeling of Human Food Products;                                        solely responsible for ensuring that your              between 9 a.m. and 4 p.m., Monday
                                                  Request for Information and                                             comment does not include any                           through Friday.
                                                  Comments; Extension of Comment                                          confidential information that you or a                    • Confidential Submissions—To
                                                  Period                                                                  third party may not wish to be posted,                 submit a comment with confidential
                                                                                                                          such as medical information, your or                   information that you do not wish to be
                                                  AGENCY:        Food and Drug Administration,                            anyone else’s Social Security number, or               made publicly available, submit your
                                                  HHS.                                                                    confidential business information, such                comments only as a written/paper
                                                        Notification; extension of
                                                  ACTION:                                                                 as a manufacturing process. Please note                submission. You should submit two
                                                  comment period.                                                         that if you include your name, contact                 copies total. One copy will include the
                                                                                                                          information, or other information that                 information you claim to be confidential
                                                  SUMMARY:    The Food and Drug                                           identifies you in the body of your                     with a heading or cover note that states
                                                  Administration (FDA or we) is                                           comments, that information will be                     ‘‘THIS DOCUMENT CONTAINS
                                                  extending the comment period for a                                      posted on https://www.regulations.gov.                 CONFIDENTIAL INFORMATION.’’ We
                                                  docket to receive information and                                         • If you want to submit a comment                    will review this copy, including the
                                                  comments on the use of the term                                         with confidential information that you                 claimed confidential information, in our
                                                  ‘‘healthy’’ in the labeling of human food                               do not wish to be made available to the                consideration of comments. The second
                                                  products. We established the docket                                     public, submit the comment as a                        copy, which will have the claimed
                                                  through a notice that appeared in the                                   written/paper submission and in the                    confidential information redacted/
                                                  Federal Register of September 28, 2016.                                 manner detailed (see ‘‘Written/Paper                   blacked out, will be available for public
                                                  In the notice, we requested comments                                    Submissions’’ and ‘‘Instructions’’).                   viewing and posted on https://
                                                  on the term ‘‘healthy’’, generally, and as                                                                                     www.regulations.gov. Submit both
                                                  a nutrient content claim in the context                                 Written/Paper Submissions                              copies to the Division of Dockets
                                                  of food labeling; we also requested                                       Submit written/paper submissions as                  Management. If you do not wish your
                                                  comments on specific questions                                          follows:                                               name and contact information to be
                                                  contained in the notice. We are taking                                    • Mail/Hand delivery/Courier (for                    made publicly available, you can
                                                  this action in response to requests for an                              written/paper submissions): Division of                provide this information on the cover
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  extension to allow interested persons                                   Dockets Management (HFA–305), Food                     sheet and not in the body of your
                                                  additional time to submit comments.                                     and Drug Administration, 5630 Fishers                  comments and you must identify this
                                                  DATES: FDA is extending the comment                                     Lane, Rm. 1061, Rockville, MD 20852.                   information as ‘‘confidential.’’ Any
                                                  period on the notice that published in                                    • For written/paper comments                         information marked as ‘‘confidential’’
                                                  the Federal Register of September 28,                                   submitted to the Division of Dockets                   will not be disclosed except in
                                                  2016 (81 FR 66562). Submit either                                       Management, FDA will post your                         accordance with 21 CFR 10.20 and other
                                                  electronic or written comments by April                                 comment, as well as any attachments,                   applicable disclosure law. For more
                                                  26, 2017.                                                               except for information submitted,                      information about FDA’s posting of


                                             VerDate Sep<11>2014         17:43 Dec 29, 2016        Jkt 241001        PO 00000   Frm 00014    Fmt 4702   Sfmt 4702   E:\FR\FM\30DEP1.SGM   30DEP1


                                                                        Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules                                         96405

                                                  comments to public dockets, see 80 FR                   DEPARTMENT OF HEALTH AND                              do not wish to be made available to the
                                                  56469, September 18, 2015, or access                    HUMAN SERVICES                                        public, submit the comment as a
                                                  the information at: http://www.fda.gov/                                                                       written/paper submission and in the
                                                  regulatoryinformation/dockets/                          Food and Drug Administration                          manner detailed (see ‘‘Written/Paper
                                                  default.htm.                                                                                                  Submissions’’ and ‘‘Instructions’’).
                                                                                                          21 CFR Part 573
                                                     Docket: For access to the docket to                                                                        Written/Paper Submissions
                                                  read background documents or the                        [Docket No. FDA–2016–F–3880]
                                                                                                                                                                   Submit written/paper submissions as
                                                  electronic and written/paper comments                                                                         follows:
                                                                                                          Novus International, Inc.; Filing of
                                                  received, go to https://
                                                                                                          Food Additive Petition (Animal Use);                     • Mail/Hand delivery/Courier (for
                                                  www.regulations.gov and insert the                      Reopening of the Comment Period                       written/paper submissions): Division of
                                                  docket number, found in brackets in the                                                                       Dockets Management (HFA–305), Food
                                                  heading of this document, into the                      AGENCY:    Food and Drug Administration,              and Drug Administration, 5630 Fishers
                                                  ‘‘Search’’ box and follow the prompts                   HHS.                                                  Lane, Rm. 1061, Rockville, MD 20852.
                                                  and/or go to the Division of Dockets                    ACTION:Notice of petition; reopening of                  • For written/paper comments
                                                  Management, 5630 Fishers Lane, Rm.                      the comment period.                                   submitted to the Division of Dockets
                                                  1061, Rockville, MD 20852.                                                                                    Management, FDA will post your
                                                                                                          SUMMARY:   The Food and Drug                          comment, as well as any attachments,
                                                  FOR FURTHER INFORMATION CONTACT:                        Administration (FDA) is reopening the                 except for information submitted,
                                                  Vincent de Jesus, Center for Food Safety                comment period for the notice of                      marked and identified, as confidential,
                                                  and Applied Nutrition (HFS–830), Food                   petition, published in the Federal                    if submitted as detailed in
                                                  and Drug Administration, 5001 Campus                    Register of November 8, 2016 (81 FR                   ‘‘Instructions.’’
                                                  Dr., College Park, MD 20740, 240–402–                   78528), proposing that the food additive                 Instructions: All submissions received
                                                  1450.                                                   regulations be amended to provide for                 must include the Docket No. FDA–
                                                                                                          the safe use of poly (2-vinylpyridine-co-             2016–F–3880 for ‘‘Food Additives
                                                  SUPPLEMENTARY INFORMATION:      In the                  styrene) as a nutrient protectant for                 Permitted in Feed and Drinking Water
                                                  Federal Register of September 28, 2016,                 methionine hydroxy analog in animal                   of Animals; 2-Vinylpyridine-Co-
                                                  we published a notice announcing the                    food for beef cattle, dairy cattle, and               Styrene.’’ Received comments will be
                                                  establishment of a docket to receive                    replacement dairy heifers. Additionally,              placed in the docket and, except for
                                                  information and comments on the use of                  the petition proposes that the food                   those submitted as ‘‘Confidential
                                                  the term ‘‘healthy’’ in the labeling of                 additive regulations be amended to                    Submissions,’’ publicly viewable at
                                                  human food products. The notice                         provide for the safe use of ethyl                     http://www.regulations.gov or at the
                                                  discussed FDA’s position regarding the                  cellulose as a binder for methionine                  Division of Dockets Management
                                                  use of the term ‘‘healthy’’, the events                 hydroxy analog to be incorporated into                between 9 a.m. and 4 p.m., Monday
                                                  that prompted us to establish a docket                  animal food. FDA is reopening the                     through Friday.
                                                  to request information and comments on                  comment period to allow additional                       • Confidential Submissions—To
                                                  this issue, and specific issues for                     time for comments on environmental                    submit a comment with confidential
                                                                                                          impacts.                                              information that you do not wish to be
                                                  consideration. We provided a 120-day
                                                  comment period that was scheduled to                    DATES: Submit either electronic or                    made publicly available, submit your
                                                                                                          written comments by January 30, 2017.                 comments only as a written/paper
                                                  end on January 26, 2017.
                                                                                                          ADDRESSES: You may submit comments                    submission. You should submit two
                                                    We have received requests to extend                                                                         copies total. One copy will include the
                                                                                                          as follows:
                                                  the comment period. The requests                                                                              information you claim to be confidential
                                                  conveyed concern that the current 120-                  Electronic Submissions                                with a heading or cover note that states
                                                  day comment period does not allow                         Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                  sufficient time to develop meaningful or                following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                  thoughtful comments to the questions                      • Federal eRulemaking Portal: http://               Agency will review this copy, including
                                                  and issues we presented in the notice.                  www.regulations.gov. Follow the                       the claimed confidential information, in
                                                    We have considered the requests and                   instructions for submitting comments.                 its consideration of comments. The
                                                  are extending the comment period for                    Comments submitted electronically,                    second copy, which will have the
                                                                                                          including attachments, to http://                     claimed confidential information
                                                  90 days, until April 26, 2017. We
                                                                                                          www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                  believe that a 90-day extension allows
                                                                                                          the docket unchanged. Because your                    for public viewing and posted on http://
                                                  adequate time for interested persons to
                                                                                                          comment will be made public, you are                  www.regulations.gov. Submit both
                                                  submit comments.                                                                                              copies to the Division of Dockets
                                                                                                          solely responsible for ensuring that your
                                                    Dated: December 27, 2016.                             comment does not include any                          Management. If you do not wish your
                                                  Leslie Kux,                                             confidential information that you or a                name and contact information to be
                                                  Associate Commissioner for Policy.                      third party may not wish to be posted,                made publicly available, you can
                                                  [FR Doc. 2016–31734 Filed 12–29–16; 8:45 am]            such as medical information, your or                  provide this information on the cover
                                                                                                          anyone else’s Social Security number, or              sheet and not in the body of your
                                                  BILLING CODE 4164–01–P
                                                                                                          confidential business information, such               comments and you must identify this
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          as a manufacturing process. Please note               information as ‘‘confidential.’’ Any
                                                                                                          that if you include your name, contact                information marked as ‘‘confidential’’
                                                                                                          information, or other information that                will not be disclosed except in
                                                                                                          identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                                                                                          comments, that information will be                    applicable disclosure law. For more
                                                                                                          posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                                                                            • If you want to submit a comment                   comments to public dockets, see 80 FR
                                                                                                          with confidential information that you                56469, September 18, 2015, or access


                                             VerDate Sep<11>2014   17:43 Dec 29, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\30DEP1.SGM   30DEP1



Document Created: 2016-12-30 05:16:10
Document Modified: 2016-12-30 05:16:10
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
ActionNotification; extension of comment period.
DatesFDA is extending the comment period on the notice that published in the Federal Register of September 28, 2016 (81 FR 66562). Submit either electronic or written comments by April 26, 2017.
ContactVincent 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 Citation81 FR 96404 

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