Proposed Rules on Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Public Meeting, 30763-30766 [2014-12362]

Download as PDF Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules Issued in Washington, DC, on May 22, 2014, by the Commission. Christopher J. Kirkpatrick, Deputy Secretary of the Commission. II. Reopening of Comment Period emcdonald on DSK67QTVN1PROD with PROPOSALS position limits for 28 exempt and agricultural commodity futures and option contracts, and physical commodity swaps that are ‘‘economically equivalent’’ to such contracts (as such term is used in CEA section 4a(a)(5)).6 The Aggregation Proposal generally sets out proposed changes to the third component of the position limits regime.7 In order to provide interested parties with an opportunity to comment on the Aggregation Proposal during the comment period on the Position Limits Proposal, the Commission extended the comment period for the Aggregation Proposal to February 10, 2014, the same end date as the comment period for the Position Limits Proposal.8 Comment letters received on the Position Limits Proposal are available at https://comments.cftc.gov/ PublicComments/ CommentList.aspx?id=1436. Comment letters received on the Aggregation Proposal are available at https:// comments.cftc.gov/PublicComments/ CommentList.aspx?id=1427. Proposed Rules on Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Public Meeting Subsequent to publication of the Position Limits Proposal and the Aggregation Proposal, the Commission directed staff to schedule a June 19, 2014, public roundtable to consider certain issues regarding position limits for physical commodity derivatives. The roundtable will focus on hedges of a physical commodity by a commercial enterprise, including gross hedging, cross-commodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption. Discussion will include the setting of spot month limits in physical-delivery and cashsettled contracts and a conditional spotmonth limit exemption. Further, the roundtable will include discussion of: the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies. As well, the Commission invites comment on whether to provide parity for wheat contracts in non-spot month limits. In light of the roundtable, the Commission is reopening the comment periods for the Position Limit Proposal and the Aggregation Proposal. Thus, both comment periods will reopen on June 12, 2014, and end on July 3, 2014. 6 See Position Limits for Derivatives, 78 FR 75680 (Dec. 12, 2013). 7 See Aggregation of Positions, 78 FR 68946 (Nov. 15, 2013). 8 See 79 FR 2394 (Jan. 14, 2014). VerDate Mar<15>2010 17:33 May 28, 2014 Jkt 232001 Note: The following appendix will not appear in the Code of Federal Regulations. Appendix to Position Limits for Derivatives and Aggregation of Positions Reopening of Comment Periods—Commission Voting Summary On this matter, Acting Chairman Wetjen and Commissioner O’Malia voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2014–12427 Filed 5–28–14; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket Nos. FDA–2012–N–1210 and FDA– 2004–N–0258] AGENCY: Food and Drug Administration, HHS. ACTION: Notification of public meeting. The Food and Drug Administration (FDA or we) is announcing a public meeting to discuss two proposed rules aimed at updating nutrition information and serving size requirements on the nutrition facts labels to provide consumers with information that could be used to maintain healthy dietary practices. The purpose of the public meeting is to inform the public of the provisions of the proposed rules and the rulemaking process (including how to submit comments, data, and other information to both dockets) as well as solicit oral stakeholder and public comments on the proposed rules and to respond to questions about the proposed rules. DATES: See ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document for dates and times of the public meeting, closing dates for advance registration, requesting special SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 30763 accommodations due to disability, and information on deadlines for submitting either electronic or written comments to FDA’s Division of Dockets Management. ADDRESSES: See ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about registering for this meeting, registering to make oral comments, to register by phone, or to submit a notice of participation by mail, fax, or email: Cindy de Sales, The Event Planning Group, LLC, 7910 Woodmont Ave., Suite 310, Bethesda, MD 20814, 240–316–3207, FAX: 240–316–3201, email: cindy@tepgevents.com. For general questions about this meeting or for special accommodations due to disability, contact: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS–005), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240– 402–1731, email: Juanita.yates@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background A. Nutrition Facts Label Proposed Rule After the passage of the Nutrition Labeling and Education Act of 1990 (NLEA) (Pub. L. 101–535), which added section 403(q) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(q), we issued various regulations related to nutrition information on food labels, including regulations requiring the declaration of certain nutrients, regulations specifying the format for nutrition labeling, regulations setting reference values for use in declaring nutrient content for certain nutrients, and regulations exempting certain products from nutrition labeling (see 21 CFR 101.9). In addition, after the passage of the Dietary Supplement Health and Education Act of 1994 (Pub. L. 103–417), we amended our food labeling regulations to establish requirements for the nutrition labeling of dietary supplements (§ 101.9(j)(6) and 21 CFR 101.36). Section 403(q) of the FD&C Act specifies certain nutrients to be declared in nutrition labeling, and authorizes the Secretary of Health and Human Services to require other nutrients to be declared if the Secretary determines that a nutrient will provide information regarding the nutritional value of such food that will assist consumers in maintaining healthy dietary practices. The Secretary also has discretion under section 403(q) of the FD&C Act to remove, by regulation and under certain E:\FR\FM\29MYP1.SGM 29MYP1 30764 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules circumstances, nutrient information that is otherwise explicitly required in food labeling under this section. In the Federal Register of March 3, 2014 (79 FR 11879), we published a proposed rule entitled ‘‘Food Labeling: Revision of the Nutrition and Supplement Facts Labels’’ (the Nutrition Facts label proposed rule). In the Nutrition Facts label proposed rule, we proposed to revise our regulations to update, among other things, the nutrients that are required and/or permitted to be declared and the daily values, as applicable, for required and permitted nutrients; amend requirements for foods represented or purported to be specifically for children under the age of 4 years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups; and update the format of the Nutrition Facts label. We based the proposed rule on the latest science and public health information, dietary recommendations of the most recent consensus reports, and public comments received in response to advance notices of proposed rulemaking. B. Serving Size Proposed Rule After the passage of the NLEA, we issued various regulations related to serving size requirements (see § 101.9 and 21 CFR 101.12). Since we established those regulations, developments have compelled us to reevaluate our regulations on serving sizes and determine whether and what, if any, revisions are needed to ensure that the Nutrition Facts label meets its intended goal of helping consumers maintain healthy dietary practices. Specifically, such developments include the availability of newer consumption data, research showing that amounts of food consumed by the American public have changed, and recent consumer research on the use and understanding of the Nutrition Facts label. Therefore, in the Federal Register of March 3, 2014 (79 FR 11989), we published a proposed rule entitled ‘‘Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments’’ (the serving size proposed rule). In the serving size proposed rule, we proposed to amend the definition of a single-serving container; require dual-column labeling for certain packages; update and modify certain reference amounts customarily consumed (RACCs); add several food products and food product categories to the RACCs for the general food supply; amend the label serving size for breath mints; and make technical amendments to various aspects of the serving size regulations. II. Purpose and Format of the Public Meeting FDA is holding the public meeting on the Nutrition Facts label and serving size proposed rules to inform the public of the provisions of the proposed rules and the rulemaking process (including how to submit comments, data, and other information to both dockets) as well as solicit oral stakeholder and public comments on the proposed rules and to respond to questions about the proposed rules. In general, the meeting format will include introductory presentations by FDA with time to hear stakeholder perspectives, questions and public comments. III. How To Participate in the Public Meeting The meeting will be held on June 26, 2014, from 8:30 a.m. to 5 p.m. Eastern Standard Time (EST) at the Jefferson Auditorium, U.S. Department of Agriculture (USDA), Wing 5 Entrance, 14th and Independence Ave. SW., Washington, DC 20024. FDA encourages all persons who wish to attend the meeting to register in advance of the meeting. There is no fee to register for the public meeting, and registration will be on a first-come, first-served basis. Early registration is recommended because seating is limited. If you preregister and would like to make an oral presentation at the meeting, please submit a request when you preregister. Due to the anticipated high level of interest in presenting public comment and limited time available, FDA will allocate time (typically 3 to 4 minutes) to each speaker to make an oral presentation. Speakers will be limited to making oral remarks; there will not be an opportunity to display materials such as slide shows, videos, or other media during the meeting. We would like to maximize the number of individuals who make a presentation at the meeting and will do our best to accommodate all persons who wish to make a presentation or express their opinions at the meeting. FDA encourages persons and groups who have similar interests to consolidate their information for presentation by a single representative. After reviewing the oral presentation requests, FDA will notify each participant before the meeting if their presentation request is granted, and, if so, the approximate time their presentation is scheduled to begin and remind them of the presentation format (e.g., 3-minute oral presentation without visual media). While oral presentations from specific individuals and organizations will be limited to a certain length of time due to time constraints during the public meeting, stakeholders may submit electronic or written comments discussing any issues of concern to the dockets for the proposed rules. All relevant data and documentation should be submitted with the comments to the relevant docket, i.e., Nutrition Facts label proposed rule, Docket No. FDA– 2012–N–1210 https:// www.regulations.gov/ #!documentDetail;D=FDA-2012-N-12100002, or serving size proposed rule, Docket No. FDA–2004–N–0258 https:// www.regulations.gov/ #!documentDetail;D=FDA-2004-N-02580006. Table 1 of this document provides information on participation in the public meeting. emcdonald on DSK67QTVN1PROD with PROPOSALS TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING AND ON SUBMITTING COMMENTS TO DOCKETS FOR THE PROPOSED RULES Date Attend public meeting ...... VerDate Mar<15>2010 Electronic address June 26, 2014, from 8:30 a.m. to 5 p.m. EST. 16:51 May 28, 2014 Jkt 232001 PO 00000 Please preregister at https://www.fda.gov/ Food/NewsEvents/ WorkshopsMeetings Conferences/default.htm. Frm 00017 Fmt 4702 Sfmt 4702 Address Other information Jefferson Auditorium, U.S. Department of Agriculture (USDA), Wing 5 Entrance, 14th and Independence Ave. SW., Washington, DC 20024. Photo ID Required. Registration check-in begins at 8 a.m. E:\FR\FM\29MYP1.SGM 29MYP1 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules 30765 TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING AND ON SUBMITTING COMMENTS TO DOCKETS FOR THE PROPOSED RULES—Continued Date Electronic address Address Other information View Web cast ................. June 26, 2014, from 8:30 a.m. to 5 p.m. EST. Please preregister at .......................................... https://www.fda.gov/ Food/NewsEvents/ WorkshopsMeetings Conferences/default.htm. Individuals who wish to We encourage the use of participate in person or electronic registration, if via Web Cast are possible.1 asked to preregister at https://www.fda.gov/ Food/NewsEvents/ WorkshopsMeetings Conferences/default.htm. Juanita Yates, email: Jua- See For Further Infornita.yates@fda.hhs.gov. mation Contact. Preregister ........................ Register by June 20, 2014. Request special accommodations due to disability. Request to make oral presentation. Request by June 12, 2014. Register by June 12, 2014. https://www.fda.gov/Food/ NewsEvents/WorkshopsMeetingsConferences/default.htm.2 .......................................... Submit electronic or written comments. Submit comments by August 1, 2014. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5360 Fishers Lane, rm. 1061, Rockville, MD 20852. The Web cast will have closed captioning. There is no registration fee for the public meeting. We will grant requests made on the day of the meeting to make an oral presentation as time permits. Information on requests to make an oral presentation may be posted without change to https:// www.regulations.gov, including any personal information. Identify your comments with the appropriate docket number (Docket No. FDA–012– N–1210 https://www.regulations.gov/#!documentDetail;D=FDA-2012-N-12100002 for Nutrition Facts label proposed rule or Docket No. FDA–2004–N–0258 https:// www.regulations.gov/ #!documentDetail;D=FDA2004-N-0258-0006 for serving size proposed rule). We encourage you to submit electronic comments by using the Federal eRulemaking Portal. emcdonald on DSK67QTVN1PROD with PROPOSALS 1 You may also register via email, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Cindy de Sales, The Event Planning Group, LLC, 7910 Woodmont Avenue, suite 310, Bethesda, MD 20814, 240–316–3207, FAX: 240–316–3201, email: cindy@tepgevents.com. 2 You may also request to make an oral presentation at the public meeting via email. Please include your name, title, firm name, address, and phone and fax numbers, and send to Cindy de Sales (see FOR FURTHER INFORMATION CONTACT). IV. Comments, Transcripts, and Recorded Video Information and data, including any personal information, submitted to FDA during the public meeting and the comment period for the proposed rules will become part of the administrative record for the relevant rulemaking. This information and data will be accessible to the public at https:// www.regulations.gov and between 9 a.m. and 4 p.m., Monday through Friday, at the Division of Dockets Management (see Addresses in table 1). Regardless of attendance at the public meeting, interested persons may submit to FDA’s Division of Dockets VerDate Mar<15>2010 16:51 May 28, 2014 Jkt 232001 Management (see Addresses in table 1) either electronic or written comments. You only need to send one set of comments. Identify the comments with the appropriate docket number (Docket No. FDA–2012–N–1210 for the Nutrition Facts label proposed rule or Docket No. FDA–2004–N–0258 for the serving size proposed rule). If you have comments pertaining to both proposed rules, submit them separately for each rule to ensure consideration. The transcript of the proceedings from the public meeting will become part of the administrative record for each of the rulemakings. As soon as the transcript is ready, we will make it available at PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 https://www.regulations.gov and at https://www.fda.gov/Food/. It may also be viewed between 9 a.m. and 4 p.m., Monday through Friday, at the Division of Dockets Management (see Addresses in table 1). The transcript will also be available in either hardcopy or on CD– ROM after submission of a Freedom of Information request. Send written requests to the Division of Freedom of Information (ELEM–1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857. Additionally, FDA will be video recording the public meeting. Once the E:\FR\FM\29MYP1.SGM 29MYP1 30766 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules consideration, but must be received no later than August 1, 2014. Please see the SUPPLEMENTARY INFORMATION section of this notice for dates of tribal consultation sessions and public meetings. recorded video is available, you can access it at https://www.fda.gov/Food/. Dated: May 22, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–12362 Filed 5–28–14; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 83 [K00103 12/13 A3A10; 134D0102DR– DS5A300000–DR.5A311.IA000113; Docket ID: BIA–2013–0007] RIN 1076–AF18 Federal Acknowledgment of American Indian Tribes Bureau of Indian Affairs, Interior. ACTION: Proposed rule. AGENCY: This proposed rule would revise regulations governing the process and criteria by which the Secretary acknowledges an Indian tribe. The revisions seek to make the process and criteria more transparent, promote consistent implementation, and increase timeliness and efficiency, while maintaining the integrity of the process. The current process has been criticized as ‘‘broken’’ or in need of reform. Specifically, the process has been criticized as too slow (a petition can take decades to be decided), expensive, burdensome, inefficient, intrusive, less than transparent and unpredictable. The proposed rule would reform the process by, among other things, institutionalizing a phased review that allows for faster decisions; reducing the documentary burden; allowing for a hearing on the proposed finding to promote transparency and process integrity; establishing the Assistant Secretary’s final determination as final for the Department to promote efficiency; and establishing objective standards, where appropriate, to ensure transparency and predictability. This publication also announces the dates and locations for tribal consultation sessions and public meetings on this proposed rule. DATES: Comments on this rule must be received by August 1, 2014. Comments on the information collections contained in this proposed regulation are separate from those on the substance of the rule. Comments on the information collection burden should be received by June 30, 2014 to ensure emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:51 May 28, 2014 You may submit comments by any of the following methods: —Federal rulemaking portal: https:// www.regulations.gov. The rule is listed under the agency name ‘‘Bureau of Indian Affairs.’’ The rule has been assigned Docket ID: BIA–2013–0007. —Email: consultation@bia.gov. Include the number 1076–AF18 in the subject line. —Mail or hand delivery: Elizabeth Appel, Office of Regulatory Affairs & Collaborative Action, U.S. Department of the Interior, 1849 C Street NW., MS 4141, Washington, DC 20240. Include the number 1076–AF18 on the envelope. Please note that none of the following will be considered or included in the docket for this rulemaking: comments received after the close of the comment period (see DATES); comments sent to an address other than those listed above; or anonymous comments. Comments on the information collections contained in this proposed regulation are separate from those on the substance of the rule. Send comments on the information collection burden to OMB by facsimile to (202) 395–5806 or email to the OMB Desk Officer for the Department of the Interior at OIRA_Submission@ omb.eop.gov. Please send a copy of your comments to the person listed in the ADDRESSES: BILLING CODE 4160–01–P Jkt 232001 FOR FURTHER INFORMATION CONTACT section of this notice. Please see the SUPPLEMENTARY INFORMATION section of this notice for locations of tribal consultation sessions and public meetings. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273–4680; elizabeth.appel@bia.gov. You may review the information collection request online at https:// www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB. SUPPLEMENTARY INFORMATION: I. Executive Summary This proposed rule would comprehensively revise part 83 to comply with plain language standards, using a question-and-answer format. The proposed rule would update the Part 83 criteria to include objective PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 standards and improve the processing of petitions for Federal acknowledgment of Indian tribes. The proposed rule is limited to Part 83 and does not affect federal acknowledgment under any other statutory or administrative authorities. Primary revisions to the process would: • Provide for a series of reviews that may result in the issuance of proposed findings and final determinations earlier in the process; • Separate the Departmental review into three main steps whereby: Æ The Office of Federal Acknowledgment (OFA) first reviews the petition and issues a proposed finding; Æ If the proposed finding is negative and the petitioner elects to have a hearing before a judge with the Office of Hearings and Appeals (OHA), the OHA judge issues a recommended decision to the Assistant Secretary-Indian Affairs; Æ The Assistant Secretary reviews the record, including (if applicable) an OHA judge’s recommended decision, and issues a final determination. The final determination is final for the Department and any challenges to the final determination would be pursued in United States District Court. • Remove the Interior Board of Indian Appeals (IBIA) process by which a final determination can be reconsidered on certain grounds. • Allow, in limited circumstances, a petitioner previously denied under the regulations to re-petition under the revised rules. Revisions to the criteria for acknowledgement would eliminate the need for a petitioner to demonstrate that third parties identified the petitioner as a tribe (although this evidence may be submitted in support of other criteria, including (b) (Community) and (c) (Political authority)). The proposed rule would require petitioners to provide a brief narrative with evidence of the group’s existence at some point during historical times. The revisions would also define ‘‘historical’’ to be prior to, but as late as, 1900, and require evidence of criteria (b) (Community) and (c) (Political Authority) from 1934 to the present. The Department is defining historical as 1900 or earlier based in part on the Department’s experience over its nearly 40 years in implementing the regulations that any group that has proven its existence in 1900 has proven its existence prior to that time. Accordingly, the Department seeks comment on easing the documentary and administrative burdens and providing flexibility by defining historical as 1900 or earlier rather than E:\FR\FM\29MYP1.SGM 29MYP1

Agencies

[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30763-30766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12362]


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

Food and Drug Administration

21 CFR Part 101

[Docket Nos. FDA-2012-N-1210 and FDA-2004-N-0258]


Proposed Rules on Food Labeling: Revision of the Nutrition and 
Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably 
Be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, 
Modifying, and Establishing Certain Reference Amounts Customarily 
Consumed; Serving Size for Breath Mints; and Technical Amendments; 
Public Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of public meeting.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing a 
public meeting to discuss two proposed rules aimed at updating 
nutrition information and serving size requirements on the nutrition 
facts labels to provide consumers with information that could be used 
to maintain healthy dietary practices. The purpose of the public 
meeting is to inform the public of the provisions of the proposed rules 
and the rulemaking process (including how to submit comments, data, and 
other information to both dockets) as well as solicit oral stakeholder 
and public comments on the proposed rules and to respond to questions 
about the proposed rules.

DATES: See ``How to Participate in the Public Meeting'' in the 
SUPPLEMENTARY INFORMATION section of this document for dates and times 
of the public meeting, closing dates for advance registration, 
requesting special accommodations due to disability, and information on 
deadlines for submitting either electronic or written comments to FDA's 
Division of Dockets Management.

ADDRESSES: See ``How to Participate in the Public Meeting'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: 
    For questions about registering for this meeting, registering to 
make oral comments, to register by phone, or to submit a notice of 
participation by mail, fax, or email: Cindy de Sales, The Event 
Planning Group, LLC, 7910 Woodmont Ave., Suite 310, Bethesda, MD 20814, 
240-316-3207, FAX: 240-316-3201, email: cindy@tepgevents.com.
    For general questions about this meeting or for special 
accommodations due to disability, contact: Juanita Yates, Center for 
Food Safety and Applied Nutrition (HFS-005), Food and Drug 
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1731, email: Juanita.yates@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Nutrition Facts Label Proposed Rule

    After the passage of the Nutrition Labeling and Education Act of 
1990 (NLEA) (Pub. L. 101-535), which added section 403(q) of the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(q), 
we issued various regulations related to nutrition information on food 
labels, including regulations requiring the declaration of certain 
nutrients, regulations specifying the format for nutrition labeling, 
regulations setting reference values for use in declaring nutrient 
content for certain nutrients, and regulations exempting certain 
products from nutrition labeling (see 21 CFR 101.9). In addition, after 
the passage of the Dietary Supplement Health and Education Act of 1994 
(Pub. L. 103-417), we amended our food labeling regulations to 
establish requirements for the nutrition labeling of dietary 
supplements (Sec.  101.9(j)(6) and 21 CFR 101.36). Section 403(q) of 
the FD&C Act specifies certain nutrients to be declared in nutrition 
labeling, and authorizes the Secretary of Health and Human Services to 
require other nutrients to be declared if the Secretary determines that 
a nutrient will provide information regarding the nutritional value of 
such food that will assist consumers in maintaining healthy dietary 
practices. The Secretary also has discretion under section 403(q) of 
the FD&C Act to remove, by regulation and under certain

[[Page 30764]]

circumstances, nutrient information that is otherwise explicitly 
required in food labeling under this section.
    In the Federal Register of March 3, 2014 (79 FR 11879), we 
published a proposed rule entitled ``Food Labeling: Revision of the 
Nutrition and Supplement Facts Labels'' (the Nutrition Facts label 
proposed rule). In the Nutrition Facts label proposed rule, we proposed 
to revise our regulations to update, among other things, the nutrients 
that are required and/or permitted to be declared and the daily values, 
as applicable, for required and permitted nutrients; amend requirements 
for foods represented or purported to be specifically for children 
under the age of 4 years and pregnant and lactating women and establish 
nutrient reference values specifically for these population subgroups; 
and update the format of the Nutrition Facts label. We based the 
proposed rule on the latest science and public health information, 
dietary recommendations of the most recent consensus reports, and 
public comments received in response to advance notices of proposed 
rulemaking.

B. Serving Size Proposed Rule

    After the passage of the NLEA, we issued various regulations 
related to serving size requirements (see Sec.  101.9 and 21 CFR 
101.12). Since we established those regulations, developments have 
compelled us to re-evaluate our regulations on serving sizes and 
determine whether and what, if any, revisions are needed to ensure that 
the Nutrition Facts label meets its intended goal of helping consumers 
maintain healthy dietary practices. Specifically, such developments 
include the availability of newer consumption data, research showing 
that amounts of food consumed by the American public have changed, and 
recent consumer research on the use and understanding of the Nutrition 
Facts label.
    Therefore, in the Federal Register of March 3, 2014 (79 FR 11989), 
we published a proposed rule entitled ``Food Labeling: Serving Sizes of 
Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual-
Column Labeling; Updating, Modifying, and Establishing Certain 
Reference Amounts Customarily Consumed; Serving Size for Breath Mints; 
and Technical Amendments'' (the serving size proposed rule). In the 
serving size proposed rule, we proposed to amend the definition of a 
single-serving container; require dual-column labeling for certain 
packages; update and modify certain reference amounts customarily 
consumed (RACCs); add several food products and food product categories 
to the RACCs for the general food supply; amend the label serving size 
for breath mints; and make technical amendments to various aspects of 
the serving size regulations.

II. Purpose and Format of the Public Meeting

    FDA is holding the public meeting on the Nutrition Facts label and 
serving size proposed rules to inform the public of the provisions of 
the proposed rules and the rulemaking process (including how to submit 
comments, data, and other information to both dockets) as well as 
solicit oral stakeholder and public comments on the proposed rules and 
to respond to questions about the proposed rules. In general, the 
meeting format will include introductory presentations by FDA with time 
to hear stakeholder perspectives, questions and public comments.

III. How To Participate in the Public Meeting

    The meeting will be held on June 26, 2014, from 8:30 a.m. to 5 p.m. 
Eastern Standard Time (EST) at the Jefferson Auditorium, U.S. 
Department of Agriculture (USDA), Wing 5 Entrance, 14th and 
Independence Ave. SW., Washington, DC 20024. FDA encourages all persons 
who wish to attend the meeting to register in advance of the meeting. 
There is no fee to register for the public meeting, and registration 
will be on a first-come, first-served basis. Early registration is 
recommended because seating is limited.
    If you preregister and would like to make an oral presentation at 
the meeting, please submit a request when you preregister. Due to the 
anticipated high level of interest in presenting public comment and 
limited time available, FDA will allocate time (typically 3 to 4 
minutes) to each speaker to make an oral presentation. Speakers will be 
limited to making oral remarks; there will not be an opportunity to 
display materials such as slide shows, videos, or other media during 
the meeting. We would like to maximize the number of individuals who 
make a presentation at the meeting and will do our best to accommodate 
all persons who wish to make a presentation or express their opinions 
at the meeting.
    FDA encourages persons and groups who have similar interests to 
consolidate their information for presentation by a single 
representative. After reviewing the oral presentation requests, FDA 
will notify each participant before the meeting if their presentation 
request is granted, and, if so, the approximate time their presentation 
is scheduled to begin and remind them of the presentation format (e.g., 
3-minute oral presentation without visual media).
    While oral presentations from specific individuals and 
organizations will be limited to a certain length of time due to time 
constraints during the public meeting, stakeholders may submit 
electronic or written comments discussing any issues of concern to the 
dockets for the proposed rules. All relevant data and documentation 
should be submitted with the comments to the relevant docket, i.e., 
Nutrition Facts label proposed rule, Docket No. FDA-2012-N-1210 https://www.regulations.gov/#!documentDetail;D=FDA-2012-N-1210-0002, or serving 
size proposed rule, Docket No. FDA-2004-N-0258 https://www.regulations.gov/#!documentDetail;D=FDA-2004-N-0258-0006.
    Table 1 of this document provides information on participation in 
the public meeting.

   Table 1--Information on Participation in the Meeting and on Submitting Comments to Dockets for the Proposed
                                                      Rules
----------------------------------------------------------------------------------------------------------------
                                         Date         Electronic address        Address        Other information
----------------------------------------------------------------------------------------------------------------
Attend public meeting...........  June 26, 2014,      Please preregister  Jefferson           Registration check-
                                   from 8:30 a.m. to   at https://          Auditorium, U.S.    in begins at 8
                                   5 p.m. EST.         www.fda.gov/Food/   Department of       a.m.
                                                       NewsEvents/         Agriculture
                                                       WorkshopsMeetings   (USDA), Wing 5
                                                       Conferences/        Entrance, 14th
                                                       default.htm.        and Independence
                                                                           Ave. SW.,
                                                                           Washington, DC
                                                                           20024. Photo ID
                                                                           Required.

[[Page 30765]]

 
View Web cast...................  June 26, 2014,      Please preregister  ..................  The Web cast will
                                   from 8:30 a.m. to   at https://                              have closed
                                   5 p.m. EST.         www.fda.gov/Food/                       captioning.
                                                       NewsEvents/
                                                       WorkshopsMeetings
                                                       Conferences/
                                                       default.htm.
Preregister.....................  Register by June    Individuals who     We encourage the    There is no
                                   20, 2014.           wish to             use of electronic   registration fee
                                                       participate in      registration, if    for the public
                                                       person or via Web   possible.\1\        meeting.
                                                       Cast are asked to
                                                       preregister at
                                                       https://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm.
Request special accommodations    Request by June     Juanita Yates,      See For Further     ..................
 due to disability.                12, 2014.           email:              Information
                                                       Juanita.yates@fda   Contact.
                                                       .hhs.gov.
Request to make oral              Register by June    https://www.fda.gov/ ..................  We will grant
 presentation.                     12, 2014.           Food/NewsEvents/                        requests made on
                                                       WorkshopsMeetings                       the day of the
                                                       Conferences/                            meeting to make
                                                       default.htm.\2\                         an oral
                                                                                               presentation as
                                                                                               time permits.
                                                                                               Information on
                                                                                               requests to make
                                                                                               an oral
                                                                                               presentation may
                                                                                               be posted without
                                                                                               change to https://www.regulations.gov ov, including any
                                                                                               personal
                                                                                               information.
Submit electronic or written      Submit comments by  Federal             Mail/Hand delivery/ Identify your
 comments.                         August 1, 2014.     eRulemaking         Courier (for        comments with the
                                                       Portal: https://     paper               appropriate
                                                       www.regulations.g   submissions):       docket number
                                                       ov. Follow the      Division of         (Docket No. FDA-
                                                       instructions for    Dockets             012-N-1210 https://
                                                       submitting          Management (HFA-    www.regulations.g
                                                       comments.           305), Food and      ov/
                                                                           Drug                #!documentDetail;
                                                                           Administration,     D=FDA-2012-N-1210-
                                                                           5360 Fishers        0002 for
                                                                           Lane, rm. 1061,     Nutrition Facts
                                                                           Rockville, MD       label proposed
                                                                           20852.              rule or Docket
                                                                                               No. FDA-2004-N-
                                                                                               0258 https://www.regulations.gov/#!documentDetail;
                                                                                               D=FDA-2004-N-0258-
                                                                                               0006 for serving
                                                                                               size proposed
                                                                                               rule). We
                                                                                               encourage you to
                                                                                               submit electronic
                                                                                               comments by using
                                                                                               the Federal
                                                                                               eRulemaking
                                                                                               Portal.
----------------------------------------------------------------------------------------------------------------
\1\ You may also register via email, mail, or fax. Please include your name, title, firm name, address, and
  phone and fax numbers in your registration information and send to: Cindy de Sales, The Event Planning Group,
  LLC, 7910 Woodmont Avenue, suite 310, Bethesda, MD 20814, 240-316-3207, FAX: 240-316-3201, email:
  cindy@tepgevents.com.
\2\ You may also request to make an oral presentation at the public meeting via email. Please include your name,
  title, firm name, address, and phone and fax numbers, and send to Cindy de Sales (see FOR FURTHER INFORMATION
  CONTACT).

IV. Comments, Transcripts, and Recorded Video

    Information and data, including any personal information, submitted 
to FDA during the public meeting and the comment period for the 
proposed rules will become part of the administrative record for the 
relevant rulemaking. This information and data will be accessible to 
the public at https://www.regulations.gov and between 9 a.m. and 4 p.m., 
Monday through Friday, at the Division of Dockets Management (see 
Addresses in table 1).
    Regardless of attendance at the public meeting, interested persons 
may submit to FDA's Division of Dockets Management (see Addresses in 
table 1) either electronic or written comments. You only need to send 
one set of comments. Identify the comments with the appropriate docket 
number (Docket No. FDA-2012-N-1210 for the Nutrition Facts label 
proposed rule or Docket No. FDA-2004-N-0258 for the serving size 
proposed rule). If you have comments pertaining to both proposed rules, 
submit them separately for each rule to ensure consideration.
    The transcript of the proceedings from the public meeting will 
become part of the administrative record for each of the rulemakings. 
As soon as the transcript is ready, we will make it available at https://www.regulations.gov and at https://www.fda.gov/Food/. It may also be 
viewed between 9 a.m. and 4 p.m., Monday through Friday, at the 
Division of Dockets Management (see Addresses in table 1). The 
transcript will also be available in either hardcopy or on CD-ROM after 
submission of a Freedom of Information request. Send written requests 
to the Division of Freedom of Information (ELEM-1029), Food and Drug 
Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857.
    Additionally, FDA will be video recording the public meeting. Once 
the

[[Page 30766]]

recorded video is available, you can access it at https://www.fda.gov/Food/.

    Dated: May 22, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12362 Filed 5-28-14; 8:45 am]
BILLING CODE 4160-01-P
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