83_FR_28010 83 FR 27894 - The Declaration of Certain Isolated or Synthetic Non-Digestible Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts Labels; Guidance for Industry; Availability

83 FR 27894 - The Declaration of Certain Isolated or Synthetic Non-Digestible Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts Labels; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range27894-27895
FR Document2018-12867

The Food and Drug Administration (FDA or we) is announcing the availability of a final guidance for industry entitled ``The Declaration of Certain Isolated or Synthetic Non-Digestible Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts Labels; Guidance for Industry.'' The guidance identifies eight specific, additional isolated or synthetic non-digestible carbohydrates that we intend to add to our regulatory definition of ``dietary fiber'' through our regular rulemaking process. In the interim, the guidance also advises manufacturers of our policy for when one or more of these eight non-digestible carbohydrates, present in a food, are included in the declared amount of ``dietary fiber,'' and for the use of a caloric value for polydextrose of 1 kilocalorie per gram (kcal/g).

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 27894-27895]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12867]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2018-D-1323]


The Declaration of Certain Isolated or Synthetic Non-Digestible 
Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts 
Labels; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a final guidance for industry entitled ``The 
Declaration of Certain Isolated or Synthetic Non-Digestible 
Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts 
Labels; Guidance for Industry.'' The guidance identifies eight 
specific, additional isolated or synthetic non-digestible carbohydrates 
that we intend to add to our regulatory definition of ``dietary fiber'' 
through our regular rulemaking process. In the interim, the guidance 
also advises manufacturers of our policy for when one or more of these 
eight non-digestible carbohydrates, present in a food, are included in 
the declared amount of ``dietary fiber,'' and for the use of a caloric 
value for polydextrose of 1 kilocalorie per gram (kcal/g).

DATES: The announcement of the guidance is published in the Federal 
Register on June 15, 2018.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time 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): 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-2018-D-1323 for ``The Declaration of Certain Isolated or Synthetic 
Non-Digestible Carbohydrates as Dietary Fiber on Nutrition and 
Supplement Facts Labels; Guidance for Industry.'' 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 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Office of Nutrition and Food Labeling, Center for Food Safety and 
Applied Nutrition (HFS-830), Food and Drug Administration, 5100 Campus 
Dr., College Park, MD 20740. Send two self-addressed adhesive labels to 
assist that office in processing your requests. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Paula R. Trumbo, Center for Food 
Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 
5100 Campus Dr., College Park, MD 20740, 240-402-2579.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry 
entitled ``The Declaration of Certain Isolated or Synthetic Non-
Digestible Carbohydrates as Dietary Fiber on Nutrition and Supplement 
Facts Labels; Guidance for Industry.'' We are issuing this guidance 
consistent with our good guidance practices (GGP) regulation (Sec.  
10.115 (21

[[Page 27895]]

CFR 10.115)). We are implementing this guidance without prior public 
comment because we have determined that prior public participation is 
not feasible or appropriate (Sec.  10.115(g)(2)). We made this 
determination because this guidance sets out compliance policy that 
reduces burden and is consistent with the public health. Although this 
guidance document is immediately in effect, it remains subject to 
comment in accordance with FDA's GGP regulation.
    Before 2016, FDA regulations did not define the term ``dietary 
fiber'' for purposes of the Nutrition Facts and Supplement Facts 
labels. In the Federal Register of May 27, 2016 (81 FR 33742), we 
published a final rule amending our Nutrition Facts and Supplement 
Facts Labels regulations (hereafter referred to as ``the final rule''). 
The final rule, among other things, defines dietary fiber as non-
digestible soluble and insoluble carbohydrates (with 3 or more 
monomeric units), and lignin that are intrinsic and intact in plants; 
isolated or synthetic non-digestible carbohydrates (with 3 or more 
monomeric units) determined by FDA to have physiological effects that 
are beneficial to human health (Sec.  101.9(c)(6)(i) (21 CFR 
101.9(c)(6)(i))). The final rule also identifies seven isolated or 
synthetic non-digestible carbohydrates, each of which has a 
physiological effect that is beneficial to human health and that must 
be declared as dietary fiber on Nutrition and Supplement Facts labels 
when present in a food.
    Interested parties can ask us to list additional isolated or 
synthetic non-digestible carbohydrates in the definition of dietary 
fiber in Sec.  101.9(c)(6)(i). For example, a manufacturer can request 
FDA to include another added isolated or synthetic non-digestible 
carbohydrate in the listing of dietary fibers by submitting a citizen 
petition under 21 CFR 10.30. FDA would review the scientific evidence 
to determine whether the evidence supports the non-digestible 
carbohydrate as having a physiological effect that is beneficial to 
human health. If so, FDA would propose a rule to include the non-
digestible carbohydrate in the listing of dietary fibers.
    Based on our review of citizen petitions that FDA has received 
requesting that we identify additional isolated or synthetic non-
digestible carbohydrates in the listing of dietary fibers, and comments 
that we have received on a draft guidance entitled ``Scientific 
Evaluation of the Evidence on the Beneficial Physiological Effects of 
Isolated or Synthetic Non-Digestible Carbohydrates Submitted as a 
Citizen Petition (21 CFR 10.30)'' and an accompanying document titled 
``Evaluation of the Beneficial Physiological Effects of Isolated or 
Synthetic Non-Digestible Carbohydrates,'' the availability of which we 
announced in the Federal Register of November 23, 2016 (81 FR 84516 and 
81 FR 84595), in addition to our independent evaluation of the 
available scientific data, we intend to add certain isolated or 
synthetic non-digestible carbohydrates to the dietary fiber definition 
in Sec.  101.9(c)(6)(i) through our regular rulemaking process. The 
eight non-digestible carbohydrates that we intend to add are: Mixed 
plant cell wall fibers; arabinoxylan; alginate, inulin and inulin-type 
fructans; high amylose starch (resistant starch 2); 
galactooligosaccharide; polydextrose; and resistant maltodextrin/
dextrin. One category of non-digestible carbohydrate that we intend to 
add to Sec.  101.9(c)(6)(i) through our regular rulemaking process--
mixed plant cell wall fibers--encompasses a number of fiber 
ingredients, such as rice bran fibers, soy fibers, and sugar cane 
fibers. We have tentatively determined that each of these isolated or 
synthetic non-digestible carbohydrates has a physiological effect that 
is beneficial to human health. Several petitions are still pending with 
FDA and reviewing this information is a very high priority for FDA. 
Firms also can submit new citizen petitions, and we will review the 
petitions on a rolling basis. Firms whose non-digestible carbohydrates 
do not meet our regulatory definition of ``dietary fiber'' and are not 
one of the eight non-digestible carbohydrates identified in the 
guidance can still use those non-digestible carbohydrates in foods. 
Although those non-digestible carbohydrates cannot be listed as dietary 
fiber in the Nutrition Facts label, they would still be declared as 
part of the amount of total carbohydrate and listed by name in the 
ingredients on the food package. In addition, based on our review of 
the scientific evidence, including evidence we received in a citizen 
petition, we intend to establish a caloric value for polydextrose at 1 
kcal/g in Sec.  101.9(c)(1)(i)(C).
    Pending completion of the rulemaking process, we are announcing a 
policy for the eight identified isolated or synthetic non-digestible 
carbohydrates when one or more are present in food and declared in the 
amount of ``dietary fiber'' on Nutrition Facts and Supplement Facts 
labels and when the caloric value of 1 kcal/g is used to determine the 
calorie contribution of polydextrose. Section 101.9(g) requires 
manufacturers to make and keep records to verify the amount of non-
digestible carbohydrates added to food that do not meet the definition 
of dietary fiber. Under our policy, when a mixture of dietary fiber and 
one or more of these eight added non-digestible carbohydrates (that are 
not currently listed as a ``dietary fiber'' in the definition in Sec.  
101.9(c)(6)(i)) are present in a food, we do not expect manufacturers 
to make and keep records in accordance with Sec.  101.9(g)(10) and (11) 
to verify the declared amount of one or more of these eight added non-
digestible carbohydrates in the label and labeling of food.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on this topic. It does not establish any rights 
for any person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations. This guidance is not subject to Executive 
Order 12866.

II. Electronic Access

    Persons with access to the internet may obtain the document at 
either https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA website listed in the previous 
sentence to find the most current version of the guidance.

    Dated: June 8, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12867 Filed 6-14-18; 8:45 am]
BILLING CODE 4164-01-P



                                              27894                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations

                                              Administration (NARA). For information on               instructions for submitting comments.                  claimed confidential information, in our
                                              the availability of this material at NARA, call         Comments submitted electronically,                     consideration of comments. The second
                                              202–741–6030, or go to: http://                         including attachments, to https://                     copy, which will have the claimed
                                              www.archives.gov/federal-register/cfr/ibr-              www.regulations.gov will be posted to                  confidential information redacted/
                                              locations.html.
                                                                                                      the docket unchanged. Because your                     blacked out, will be available for public
                                                Issued in Burlington, Massachusetts, on               comment will be made public, you are                   viewing and posted on https://
                                              June 8, 2018.                                           solely responsible for ensuring that your              www.regulations.gov. Submit both
                                              Robert J. Ganley,                                       comment does not include any                           copies to the Dockets Management Staff.
                                              Manager, Engine and Propeller Standards                 confidential information that you or a                 If you do not wish your name and
                                              Branch, Aircraft Certification Service.                 third party may not wish to be posted,                 contact information to be made publicly
                                              [FR Doc. 2018–12873 Filed 6–14–18; 8:45 am]             such as medical information, your or                   available, you can provide this
                                              BILLING CODE 4910–13–P                                  anyone else’s Social Security number, or               information on the cover sheet and not
                                                                                                      confidential business information, such                in the body of your comments and you
                                                                                                      as a manufacturing process. Please note                must identify this information as
                                              DEPARTMENT OF HEALTH AND                                that if you include your name, contact                 ‘‘confidential.’’ Any information marked
                                              HUMAN SERVICES                                          information, or other information that                 as ‘‘confidential’’ will not be disclosed
                                                                                                      identifies you in the body of your                     except in accordance with 21 CFR 10.20
                                              Food and Drug Administration                            comments, that information will be                     and other applicable disclosure law. For
                                                                                                      posted on https://www.regulations.gov.                 more information about FDA’s posting
                                              21 CFR Part 101                                           • If you want to submit a comment                    of comments to public dockets, see 80
                                                                                                      with confidential information that you                 FR 56469, September 18, 2015, or access
                                              [Docket No. FDA–2018–D–1323]                            do not wish to be made available to the                the information at: https://www.gpo.gov/
                                                                                                      public, submit the comment as a                        fdsys/pkg/FR-2015-09-18/pdf/2015-
                                              The Declaration of Certain Isolated or                  written/paper submission and in the
                                              Synthetic Non-Digestible                                                                                       23389.pdf.
                                                                                                      manner detailed (see ‘‘Written/Paper                      Docket: For access to the docket to
                                              Carbohydrates as Dietary Fiber on                       Submissions’’ and ‘‘Instructions’’).
                                              Nutrition and Supplement Facts                                                                                 read background documents or the
                                              Labels; Guidance for Industry;                          Written/Paper Submissions                              electronic and written/paper comments
                                              Availability                                                                                                   received, go to https://
                                                                                                         Submit written/paper submissions as                 www.regulations.gov and insert the
                                                                                                      follows:                                               docket number, found in brackets in the
                                              AGENCY:    Food and Drug Administration,
                                                                                                         • Mail/Hand delivery/Courier (for
                                              HHS.                                                                                                           heading of this document, into the
                                                                                                      written/paper submissions): Dockets
                                              ACTION:   Notification of availability.                                                                        ‘‘Search’’ box and follow the prompts
                                                                                                      Management Staff (HFA–305), Food and
                                                                                                                                                             and/or go to the Dockets Management
                                                                                                      Drug Administration, 5630 Fishers
                                              SUMMARY:   The Food and Drug                                                                                   Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                      Lane, Rm. 1061, Rockville, MD 20852.
                                              Administration (FDA or we) is                                                                                  Rockville, MD 20852.
                                                                                                         • For written/paper comments
                                              announcing the availability of a final                                                                            You may submit comments on any
                                                                                                      submitted to the Dockets Management
                                              guidance for industry entitled ‘‘The                                                                           guidance at any time (see 21 CFR
                                                                                                      Staff, FDA will post your comment, as
                                              Declaration of Certain Isolated or                                                                             10.115(g)(5)).
                                                                                                      well as any attachments, except for
                                              Synthetic Non-Digestible Carbohydrates                                                                            Submit written requests for single
                                                                                                      information submitted, marked and
                                              as Dietary Fiber on Nutrition and                                                                              copies of the guidance to the Office of
                                                                                                      identified, as confidential, if submitted
                                              Supplement Facts Labels; Guidance for                                                                          Nutrition and Food Labeling, Center for
                                                                                                      as detailed in ‘‘Instructions.’’
                                              Industry.’’ The guidance identifies eight                  Instructions: All submissions received              Food Safety and Applied Nutrition
                                              specific, additional isolated or synthetic              must include the Docket No. FDA–                       (HFS–830), Food and Drug
                                              non-digestible carbohydrates that we                    2018–D–1323 for ‘‘The Declaration of                   Administration, 5100 Campus Dr.,
                                              intend to add to our regulatory                         Certain Isolated or Synthetic Non-                     College Park, MD 20740. Send two self-
                                              definition of ‘‘dietary fiber’’ through our             Digestible Carbohydrates as Dietary                    addressed adhesive labels to assist that
                                              regular rulemaking process. In the                      Fiber on Nutrition and Supplement                      office in processing your requests. See
                                              interim, the guidance also advises                      Facts Labels; Guidance for Industry.’’                 the SUPPLEMENTARY INFORMATION section
                                              manufacturers of our policy for when                    Received comments will be placed in                    for electronic access to the guidance
                                              one or more of these eight non-                         the docket and, except for those                       document.
                                              digestible carbohydrates, present in a                  submitted as ‘‘Confidential                            FOR FURTHER INFORMATION CONTACT:
                                              food, are included in the declared                      Submissions,’’ publicly viewable at                    Paula R. Trumbo, Center for Food Safety
                                              amount of ‘‘dietary fiber,’’ and for the                https://www.regulations.gov or at the                  and Applied Nutrition (HFS–830), Food
                                              use of a caloric value for polydextrose                 Dockets Management Staff between 9                     and Drug Administration, 5100 Campus
                                              of 1 kilocalorie per gram (kcal/g).                     a.m. and 4 p.m., Monday through                        Dr., College Park, MD 20740, 240–402–
                                              DATES: The announcement of the                          Friday.                                                2579.
                                              guidance is published in the Federal                       • Confidential Submissions—To                       SUPPLEMENTARY INFORMATION:
                                              Register on June 15, 2018.                              submit a comment with confidential
                                              ADDRESSES: You may submit either                        information that you do not wish to be                 I. Background
                                              electronic or written comments on                       made publicly available, submit your                      We are announcing the availability of
                                              Agency guidances at any time as                         comments only as a written/paper                       a guidance for industry entitled ‘‘The
sradovich on DSK3GMQ082PROD with RULES




                                              follows:                                                submission. You should submit two                      Declaration of Certain Isolated or
                                                                                                      copies total. One copy will include the                Synthetic Non-Digestible Carbohydrates
                                              Electronic Submissions                                  information you claim to be confidential               as Dietary Fiber on Nutrition and
                                                Submit electronic comments in the                     with a heading or cover note that states               Supplement Facts Labels; Guidance for
                                              following way:                                          ‘‘THIS DOCUMENT CONTAINS                               Industry.’’ We are issuing this guidance
                                                • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ We                         consistent with our good guidance
                                              https://www.regulations.gov. Follow the                 will review this copy, including the                   practices (GGP) regulation (§ 10.115 (21


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                                                                   Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations                                               27895

                                              CFR 10.115)). We are implementing this                  Petition (21 CFR 10.30)’’ and an                       and keep records to verify the amount
                                              guidance without prior public comment                   accompanying document titled                           of non-digestible carbohydrates added
                                              because we have determined that prior                   ‘‘Evaluation of the Beneficial                         to food that do not meet the definition
                                              public participation is not feasible or                 Physiological Effects of Isolated or                   of dietary fiber. Under our policy, when
                                              appropriate (§ 10.115(g)(2)). We made                   Synthetic Non-Digestible                               a mixture of dietary fiber and one or
                                              this determination because this                         Carbohydrates,’’ the availability of                   more of these eight added non-digestible
                                              guidance sets out compliance policy                     which we announced in the Federal                      carbohydrates (that are not currently
                                              that reduces burden and is consistent                   Register of November 23, 2016 (81 FR                   listed as a ‘‘dietary fiber’’ in the
                                              with the public health. Although this                   84516 and 81 FR 84595), in addition to                 definition in § 101.9(c)(6)(i)) are present
                                              guidance document is immediately in                     our independent evaluation of the                      in a food, we do not expect
                                              effect, it remains subject to comment in                available scientific data, we intend to                manufacturers to make and keep records
                                              accordance with FDA’s GGP regulation.                   add certain isolated or synthetic non-                 in accordance with § 101.9(g)(10) and
                                                 Before 2016, FDA regulations did not                 digestible carbohydrates to the dietary                (11) to verify the declared amount of
                                              define the term ‘‘dietary fiber’’ for                   fiber definition in § 101.9(c)(6)(i)                   one or more of these eight added non-
                                              purposes of the Nutrition Facts and                     through our regular rulemaking process.                digestible carbohydrates in the label and
                                              Supplement Facts labels. In the Federal                 The eight non-digestible carbohydrates                 labeling of food.
                                              Register of May 27, 2016 (81 FR 33742),                 that we intend to add are: Mixed plant                    This guidance is being issued
                                              we published a final rule amending our                  cell wall fibers; arabinoxylan; alginate,              consistent with FDA’s good guidance
                                              Nutrition Facts and Supplement Facts                    inulin and inulin-type fructans; high                  practices regulation (21 CFR 10.115).
                                              Labels regulations (hereafter referred to               amylose starch (resistant starch 2);                   The guidance represents the current
                                              as ‘‘the final rule’’). The final rule,                 galactooligosaccharide; polydextrose;                  thinking of FDA on this topic. It does
                                              among other things, defines dietary fiber               and resistant maltodextrin/dextrin. One                not establish any rights for any person
                                              as non-digestible soluble and insoluble                 category of non-digestible carbohydrate                and is not binding on FDA or the public.
                                              carbohydrates (with 3 or more                           that we intend to add to § 101.9(c)(6)(i)              You can use an alternative approach if
                                              monomeric units), and lignin that are                   through our regular rulemaking                         it satisfies the requirements of the
                                              intrinsic and intact in plants; isolated or             process—mixed plant cell wall fibers—                  applicable statutes and regulations. This
                                              synthetic non-digestible carbohydrates                  encompasses a number of fiber                          guidance is not subject to Executive
                                              (with 3 or more monomeric units)                        ingredients, such as rice bran fibers, soy             Order 12866.
                                              determined by FDA to have                               fibers, and sugar cane fibers. We have
                                              physiological effects that are beneficial                                                                      II. Electronic Access
                                                                                                      tentatively determined that each of
                                              to human health (§ 101.9(c)(6)(i) (21                                                                             Persons with access to the internet
                                                                                                      these isolated or synthetic non-
                                              CFR 101.9(c)(6)(i))). The final rule also                                                                      may obtain the document at either
                                                                                                      digestible carbohydrates has a
                                              identifies seven isolated or synthetic                                                                         https://www.fda.gov/FoodGuidances or
                                                                                                      physiological effect that is beneficial to
                                              non-digestible carbohydrates, each of                                                                          https://www.regulations.gov. Use the
                                                                                                      human health. Several petitions are still
                                              which has a physiological effect that is                                                                       FDA website listed in the previous
                                                                                                      pending with FDA and reviewing this
                                              beneficial to human health and that                                                                            sentence to find the most current
                                                                                                      information is a very high priority for
                                              must be declared as dietary fiber on                                                                           version of the guidance.
                                                                                                      FDA. Firms also can submit new citizen
                                              Nutrition and Supplement Facts labels                   petitions, and we will review the                        Dated: June 8, 2018.
                                              when present in a food.                                 petitions on a rolling basis. Firms whose              Leslie Kux,
                                                 Interested parties can ask us to list
                                                                                                      non-digestible carbohydrates do not                    Associate Commissioner for Policy.
                                              additional isolated or synthetic non-
                                                                                                      meet our regulatory definition of                      [FR Doc. 2018–12867 Filed 6–14–18; 8:45 am]
                                              digestible carbohydrates in the
                                              definition of dietary fiber in                          ‘‘dietary fiber’’ and are not one of the               BILLING CODE 4164–01–P

                                              § 101.9(c)(6)(i). For example, a                        eight non-digestible carbohydrates
                                              manufacturer can request FDA to                         identified in the guidance can still use
                                                                                                      those non-digestible carbohydrates in                  DEPARTMENT OF HEALTH AND
                                              include another added isolated or
                                              synthetic non-digestible carbohydrate in                foods. Although those non-digestible                   HUMAN SERVICES
                                              the listing of dietary fibers by                        carbohydrates cannot be listed as
                                                                                                      dietary fiber in the Nutrition Facts label,            Food and Drug Administration
                                              submitting a citizen petition under 21
                                              CFR 10.30. FDA would review the                         they would still be declared as part of
                                                                                                      the amount of total carbohydrate and                   21 CFR Part 876
                                              scientific evidence to determine
                                              whether the evidence supports the non-                  listed by name in the ingredients on the               [Docket No. FDA–2018–N–1894]
                                              digestible carbohydrate as having a                     food package. In addition, based on our
                                              physiological effect that is beneficial to              review of the scientific evidence,                     Medical Devices; Gastroenterology-
                                              human health. If so, FDA would                          including evidence we received in a                    Urology Devices; Classification of the
                                              propose a rule to include the non-                      citizen petition, we intend to establish               Fluid Jet System for Prostate Tissue
                                              digestible carbohydrate in the listing of               a caloric value for polydextrose at 1                  Removal
                                              dietary fibers.                                         kcal/g in § 101.9(c)(1)(i)(C).
                                                                                                                                                             AGENCY:   Food and Drug Administration,
                                                 Based on our review of citizen                          Pending completion of the rulemaking                HHS.
                                              petitions that FDA has received                         process, we are announcing a policy for                ACTION:   Final order.
                                              requesting that we identify additional                  the eight identified isolated or synthetic
                                              isolated or synthetic non-digestible                    non-digestible carbohydrates when one                  SUMMARY:   The Food and Drug
sradovich on DSK3GMQ082PROD with RULES




                                              carbohydrates in the listing of dietary                 or more are present in food and declared               Administration (FDA or we) is
                                              fibers, and comments that we have                       in the amount of ‘‘dietary fiber’’ on                  classifying the fluid jet system for
                                              received on a draft guidance entitled                   Nutrition Facts and Supplement Facts                   prostate tissue removal into class II
                                              ‘‘Scientific Evaluation of the Evidence                 labels and when the caloric value of 1                 (special controls). The special controls
                                              on the Beneficial Physiological Effects                 kcal/g is used to determine the calorie                that apply to the device type are
                                              of Isolated or Synthetic Non-Digestible                 contribution of polydextrose. Section                  identified in this order and will be part
                                              Carbohydrates Submitted as a Citizen                    101.9(g) requires manufacturers to make                of the codified language for the fluid jet


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Document Created: 2018-11-02 12:00:51
Document Modified: 2018-11-02 12:00:51
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
ActionNotification of availability.
DatesThe announcement of the guidance is published in the Federal Register on June 15, 2018.
ContactPaula R. Trumbo, Center for Food Safety and Applied Nutrition (HFS-830), Food and Drug Administration, 5100 Campus Dr., College Park, MD 20740, 240-402-2579.
FR Citation83 FR 27894 

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