82_FR_30856 82 FR 30730 - Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Comment Period

82 FR 30730 - Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30730-30731
FR Document2017-13889

The Food and Drug Administration (FDA or we) is extending the comment period for the interim final rule that appeared in the Federal Register of May 4, 2017. In the interim final rule, FDA requested comments on the extension of the compliance date for our final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. The interim final rule extended the compliance date from May 5, 2017, to May 7, 2018, and invited comment on several specific questions on how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives to provide consumers with nutrition information so that they can make informed choices for themselves and their families. We are taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30730-30731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13889]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 11 and 101

[Docket No. FDA-2011-F-0172]
RIN 0910-AG57


Food Labeling; Nutrition Labeling of Standard Menu Items in 
Restaurants and Similar Retail Food Establishments; Extension of 
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Interim final rule; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the 
comment period for the interim final rule that appeared in the Federal 
Register of May 4, 2017. In the interim final rule, FDA requested 
comments on the extension of the compliance date for our final rule 
requiring disclosure of certain nutrition information for standard menu 
items in certain restaurants and retail food establishments. The 
interim final rule extended the compliance date from May 5, 2017, to 
May 7, 2018, and invited comment on several specific questions on how 
we might further reduce the regulatory burden or increase flexibility 
while continuing to achieve our regulatory objectives to provide 
consumers with nutrition information so that they can make informed 
choices for themselves and their families. We are taking this action in 
response to a request for an extension to allow interested persons 
additional time to submit comments.

DATES: FDA is extending the comment period on the interim final rule 
published May 4, 2017 (82 FR 20825). Submit either electronic or 
written comments by August 2, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before August 2, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of August 2, 2017. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

[[Page 30731]]

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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2011-F-0172 for ``Food Labeling; Nutrition Labeling of Standard 
Menu Items in Restaurants and Similar Retail Food Establishments.'' 
Received comments, those filed in a timely manner (see ADDRESSES), will 
be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 Dockets Management Staff. 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: 
https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Felicia B. Billingslea, Center for 
Food Safety and Applied Nutrition (HFS-820), Food and Drug 
Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 4, 2017, FDA 
published an interim final rule with a 60-day comment period to request 
comments on the extension of the compliance date for our final rule 
requiring disclosure of certain nutrition information for standard menu 
items in certain restaurants and retail food establishments. The 
interim final rule extended the compliance date from May 5, 2017, to 
May 7, 2018, and invited comment on several specific questions on how 
we might further reduce the regulatory burden or increase flexibility 
while continuing to achieve our regulatory objectives to provide 
consumers with nutrition information so that they can make informed 
choices for themselves and their families. Comments will inform FDA's 
regulation for the disclosure of certain nutrition information for 
standard menu items in certain restaurants and retail food 
establishments.
    We have received a request for a 60-day extension of the comment 
period for the interim final rule. The request conveyed concern that 
the current 60-day comment period does not allow sufficient time to 
develop a meaningful or thoughtful response to the interim final rule.
    FDA has considered the request and is extending the comment period 
for the interim final rule for 30 days, until August 2, 2017. We 
believe that a 30-day extension allows adequate time for interested 
persons to submit comments without significantly delaying Agency action 
on these important issues.

    Dated: June 27, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-13889 Filed 6-30-17; 8:45 am]
BILLING CODE 4164-01-P



                                              30730                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

                                              begin only after the Council has                        document corrects that format to read as               DEPARTMENT OF HEALTH AND
                                              received the fee payments described.                    follows:                                               HUMAN SERVICES
                                                (6) Records of another agency. If a                      In accordance with the requirements
                                              requested record originated with or                     of section 416 of the FD&C Act, by this                Food and Drug Administration
                                              incorporates the information of another                 notice we are waiving the following
                                              State or Federal agency or department,                  persons from the applicable                            21 CFR Parts 11 and 101
                                              upon receipt of a request for the record                requirements of the Sanitary
                                              the Council will promptly inform the                    Transportation rule:                                   [Docket No. FDA–2011–F–0172]
                                              requester of this circumstance and
                                              immediately shall forward the request to                   1. Businesses subject to the
                                                                                                      requirements of part 1, subpart O, that                RIN 0910–AG57
                                              the originating agency or department
                                              either for processing in accordance with                hold valid permits and are inspected
                                                                                                                                                             Food Labeling; Nutrition Labeling of
                                              the latter’s regulations or for guidance                under the National Conference on
                                                                                                                                                             Standard Menu Items in Restaurants
                                              with respect to disposition.                            Interstate Milk Shipments’ Grade ‘‘A’’
                                                                                                                                                             and Similar Retail Food
                                                                                                      Milk Safety Program, only when
                                                Dated: June 26, 2017.                                                                                        Establishments; Extension of
                                                                                                      engaged in transportation operations
                                              Federal Financial Institutions Examinations                                                                    Comment Period
                                                                                                      involving bulk and finished Grade ‘‘A’’
                                              Council.
                                                                                                      milk and milk products.                                AGENCY:   Food and Drug Administration,
                                              Judith E. Dupre,
                                                                                                         2. Businesses subject to the                        HHS.
                                              Executive Secretary.
                                                                                                      requirements of part 1, subpart O, that                      Interim final rule; extension of
                                                                                                                                                             ACTION:
                                              [FR Doc. 2017–13723 Filed 6–30–17; 8:45 am]
                                                                                                      are appropriately certified and are                    comment period.
                                              BILLING CODE 7535–01–P; 6714–01–P; 6210–01–P;
                                              4810–33–P; 4810–AM–P
                                                                                                      inspected under the requirements
                                                                                                      established by the Interstate Shellfish                SUMMARY:   The Food and Drug
                                                                                                      Sanitation Conference’s NSSP, only                     Administration (FDA or we) is
                                                                                                      when engaged in transportation                         extending the comment period for the
                                              DEPARTMENT OF HEALTH AND                                                                                       interim final rule that appeared in the
                                              HUMAN SERVICES                                          operations involving molluscan
                                                                                                      shellfish in vehicles that are permitted               Federal Register of May 4, 2017. In the
                                              Food and Drug Administration                            by the State NSSP certification                        interim final rule, FDA requested
                                                                                                      authority.                                             comments on the extension of the
                                              21 CFR Part 1                                                                                                  compliance date for our final rule
                                                                                                         3. Businesses subject to the
                                                                                                                                                             requiring disclosure of certain nutrition
                                              [Docket No. FDA–2013–N–0013]                            requirements of part 1, subpart O, that
                                                                                                                                                             information for standard menu items in
                                                                                                      are permitted or otherwise authorized
                                                                                                                                                             certain restaurants and retail food
                                              Waivers From Requirements of the                        by the regulatory authority to operate a
                                                                                                                                                             establishments. The interim final rule
                                              Sanitary Transportation of Human and                    food establishment that provides food
                                                                                                                                                             extended the compliance date from May
                                              Animal Food Rule; Correction                            directly to consumers (i.e., restaurants,
                                                                                                                                                             5, 2017, to May 7, 2018, and invited
                                                                                                      retail food establishments, and
                                              AGENCY:    Food and Drug Administration,                                                                       comment on several specific questions
                                                                                                      nonprofit food establishments as
                                              HHS.                                                                                                           on how we might further reduce the
                                                                                                      defined in 21 CFR 1.227), only when
                                              ACTION:   Notification; correction.                                                                            regulatory burden or increase flexibility
                                                                                                      engaged in transportation operations as:
                                                                                                                                                             while continuing to achieve our
                                              SUMMARY:   The Food and Drug                               a. Receivers, whether the food is                   regulatory objectives to provide
                                              Administration (FDA) is correcting a                    received at the establishment itself or at             consumers with nutrition information
                                              document that appeared in the Federal                   a location where the authorized                        so that they can make informed choices
                                              Register of Thursday, April 6, 2017 (82                 establishment receives and immediately                 for themselves and their families. We
                                              FR 16733). That notification published                  transports the food to the food                        are taking this action in response to a
                                              three waivers from the Requirements of                  establishment;                                         request for an extension to allow
                                              21 CFR part 1, subpart O—Sanitary                          b. shippers and carriers in operations              interested persons additional time to
                                              Transportation of Human and Animal                      in which food is transported from the                  submit comments.
                                              Food (the Sanitary Transportation rule).                establishment as part of the normal                    DATES: FDA is extending the comment
                                              That document was published with an                     business operations of a retail                        period on the interim final rule
                                              error in the Background section. This                   establishment, such as:                                published May 4, 2017 (82 FR 20825).
                                              correction is being made to improve the                                                                        Submit either electronic or written
                                                                                                         i. Delivery of the food directly to the
                                              accuracy of the notification.                                                                                  comments by August 2, 2017.
                                                                                                      consumer(s) by the authorized
                                              DATES: July 3, 2017.                                                                                           ADDRESSES: You may submit comments
                                                                                                      establishment or a third-party delivery
                                              FOR FURTHER INFORMATION CONTACT: Lisa                   service; or                                            as follows. Please note that late,
                                              Granger, Food and Drug Administration,                                                                         untimely filed comments will not be
                                              10903 New Hampshire Ave., Bldg. 32,                        ii. delivery of the food to another
                                                                                                      location operated by the authorized                    considered. Electronic comments must
                                              Rm. 3330, Silver Spring, MD 20993–                                                                             be submitted on or before August 2,
                                              0002, 301–796–9115, lisa.granger@                       establishment or an affiliated
                                                                                                      establishment where the food is to be                  2017. The https://www.regulations.gov
                                              fda.hhs.gov.                                                                                                   electronic filing system will accept
                                                                                                      sold or served directly to the
                                              SUPPLEMENTARY INFORMATION: In the                       consumer(s).                                           comments until midnight Eastern Time
sradovich on DSK3GMQ082PROD with RULES




                                              Federal Register of Thursday, April 6,                                                                         at the end of August 2, 2017. Comments
                                                                                                        Dated: June 26, 2017.                                received by mail/hand delivery/courier
                                              2017, in FR Doc. 2017–06854, on page
                                              16734, the following correction is made:                Anna K. Abram,                                         (for written/paper submissions) will be
                                                On page 16734, in the third column,                   Deputy Commissioner for Policy, Planning,              considered timely if they are
                                              the bulleted list of waivers of the                     Legislation, and Analysis.                             postmarked or the delivery service
                                              Sanitary Transportation rule was                        [FR Doc. 2017–13888 Filed 6–30–17; 8:45 am]            acceptance receipt is on or before that
                                              published in an incorrect format. This                  BILLING CODE 4164–01–P                                 date.


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                                                                   Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                                30731

                                              Electronic Submissions                                  copies total. One copy will include the                for the disclosure of certain nutrition
                                                Submit electronic comments in the                     information you claim to be confidential               information for standard menu items in
                                              following way:                                          with a heading or cover note that states               certain restaurants and retail food
                                                • Federal eRulemaking Portal:                         ‘‘THIS DOCUMENT CONTAINS                               establishments.
                                              https://www.regulations.gov. Follow the                 CONFIDENTIAL INFORMATION.’’ We                            We have received a request for a 60-
                                              instructions for submitting comments.                   will review this copy, including the                   day extension of the comment period for
                                              Comments submitted electronically,                      claimed confidential information, in our               the interim final rule. The request
                                              including attachments, to https://                      consideration of comments. The second                  conveyed concern that the current 60-
                                              www.regulations.gov will be posted to                   copy, which will have the claimed                      day comment period does not allow
                                              the docket unchanged. Because your                      confidential information redacted/                     sufficient time to develop a meaningful
                                              comment will be made public, you are                    blacked out, will be available for public              or thoughtful response to the interim
                                              solely responsible for ensuring that your               viewing and posted on https://                         final rule.
                                              comment does not include any                            www.regulations.gov. Submit both                          FDA has considered the request and
                                              confidential information that you or a                  copies to the Dockets Management Staff.                is extending the comment period for the
                                              third party may not wish to be posted,                  If you do not wish your name and                       interim final rule for 30 days, until
                                              such as medical information, your or                    contact information to be made publicly                August 2, 2017. We believe that a 30-
                                              anyone else’s Social Security number, or                available, you can provide this                        day extension allows adequate time for
                                              confidential business information, such                 information on the cover sheet and not                 interested persons to submit comments
                                              as a manufacturing process. Please note                 in the body of your comments and you                   without significantly delaying Agency
                                              that if you include your name, contact                  must identify this information as                      action on these important issues.
                                              information, or other information that                  ‘‘confidential.’’ Any information marked                 Dated: June 27, 2017.
                                              identifies you in the body of your                      as ‘‘confidential’’ will not be disclosed              Anna K. Abram,
                                              comments, that information will be                      except in accordance with 21 CFR 10.20                 Deputy Commissioner for Policy, Planning,
                                              posted on https://www.regulations.gov.                  and other applicable disclosure law. For               Legislation, and Analysis.
                                                • If you want to submit a comment                     more information about FDA’s posting                   [FR Doc. 2017–13889 Filed 6–30–17; 8:45 am]
                                              with confidential information that you                  of comments to public dockets, see 80
                                                                                                                                                             BILLING CODE 4164–01–P
                                              do not wish to be made available to the                 FR 56469, September 18, 2015, or access
                                              public, submit the comment as a                         the information at: https://www.gpo.gov/
                                              written/paper submission and in the                     fdsys/pkg/FR-2015-09-18/pdf/2015-                      DEPARTMENT OF HEALTH AND
                                              manner detailed (see ‘‘Written/Paper                    23389.pdf.                                             HUMAN SERVICES
                                              Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to
                                                                                                      read background documents or the                       Food and Drug Administration
                                              Written/Paper Submissions                               electronic and written/paper comments
                                                 Submit written/paper submissions as                  received, go to https://                               21 CFR Part 73
                                              follows:                                                www.regulations.gov and insert the
                                                                                                      docket number, found in brackets in the                [Docket No. FDA–2016–C–2570]
                                                 • Mail/Hand delivery/Courier (for
                                              written/paper submissions): Dockets                     heading of this document, into the
                                                                                                                                                             Listing of Color Additives Exempt
                                              Management Staff (HFA–305), Food and                    ‘‘Search’’ box and follow the prompts
                                                                                                                                                             From Certification; Spirulina Extract
                                              Drug Administration, 5630 Fishers                       and/or go to the Dockets Management
                                              Lane, Rm. 1061, Rockville, MD 20852.                    Staff, 5630 Fishers Lane, Rm. 1061,                    AGENCY:   Food and Drug Administration,
                                                 • For written/paper comments                         Rockville, MD 20852.                                   HHS.
                                              submitted to the Dockets Management                     FOR FURTHER INFORMATION CONTACT:                       ACTION:   Final rule.
                                              Staff, FDA will post your comment, as                   Felicia B. Billingslea, Center for Food
                                              well as any attachments, except for                     Safety and Applied Nutrition (HFS–                     SUMMARY:   The Food and Drug
                                              information submitted, marked and                       820), Food and Drug Administration,                    Administration (FDA or we) is
                                              identified, as confidential, if submitted               5001 Campus Dr., College Park, MD                      amending the color additive regulations
                                              as detailed in ‘‘Instructions.’’                        20740, 240–402–2371.                                   to provide for the expanded safe use of
                                                 Instructions: All submissions received               SUPPLEMENTARY INFORMATION: In the                      spirulina extract to seasonally color
                                              must include the Docket No. FDA–                        Federal Register of May 4, 2017, FDA                   hard-boiled shell eggs at levels
                                              2011–F–0172 for ‘‘Food Labeling;                        published an interim final rule with a                 consistent with good manufacturing
                                              Nutrition Labeling of Standard Menu                     60-day comment period to request                       practice (GMP). This action is in
                                              Items in Restaurants and Similar Retail                 comments on the extension of the                       response to a color additive petition
                                              Food Establishments.’’ Received                         compliance date for our final rule                     (CAP) filed by McCormick & Company,
                                              comments, those filed in a timely                       requiring disclosure of certain nutrition              Inc. (McCormick).
                                              manner (see ADDRESSES), will be placed                  information for standard menu items in                 DATES: This rule is effective August 3,
                                              in the docket and, except for those                     certain restaurants and retail food                    2017. Submit either electronic or
                                              submitted as ‘‘Confidential                             establishments. The interim final rule                 written objections and requests for a
                                              Submissions,’’ publicly viewable at                     extended the compliance date from May                  hearing on the final rule by August 2,
                                              https://www.regulations.gov or at the                   5, 2017, to May 7, 2018, and invited                   2017. See section IX for further
                                              Dockets Management Staff between 9                      comment on several specific questions                  information on the filing of objections.
                                              a.m. and 4 p.m., Monday through                         on how we might further reduce the                     ADDRESSES: You may submit either
sradovich on DSK3GMQ082PROD with RULES




                                              Friday.                                                 regulatory burden or increase flexibility              electronic or written objections and
                                                 • Confidential Submissions—To                        while continuing to achieve our                        requests for a hearing as follows. Please
                                              submit a comment with confidential                      regulatory objectives to provide                       note that late, untimely filed objections
                                              information that you do not wish to be                  consumers with nutrition information                   will not be considered. Electronic
                                              made publicly available, submit your                    so that they can make informed choices                 objections must be submitted on or
                                              comments only as a written/paper                        for themselves and their families.                     before August 2, 2017. The https://
                                              submission. You should submit two                       Comments will inform FDA’s regulation                  www.regulations.gov electronic filing


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Document Created: 2018-11-14 10:20:14
Document Modified: 2018-11-14 10:20:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule; extension of comment period.
DatesFDA is extending the comment period on the interim final rule published May 4, 2017 (82 FR 20825). Submit either electronic or written comments by August 2, 2017.
ContactFelicia B. Billingslea, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371.
FR Citation82 FR 30730 
RIN Number0910-AG57
CFR Citation21 CFR 101
21 CFR 11

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