Nutrition Facts Label Compliance, 80631-80632 [2016-27506]

Download as PDF 80631 Notices Federal Register Vol. 81, No. 221 Wednesday, November 16, 2016 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS–2016–0030] Nutrition Facts Label Compliance Food Safety and Inspection Service, USDA. ACTION: Notice. AGENCY: The Food Safety and Inspection Service (FSIS) is announcing that while FSIS is in the process of rulemaking to update the Nutrition Facts label format for meat and poultry products, establishments may voluntarily choose to use the Nutrition Facts label format that the Food and Drug Administration (FDA) recently finalized (‘‘Food Labeling: Revision of the Nutrition and Supplement facts labels’’, May 27, 2016; 81 FR 33742; and ‘‘Food Labeling: Serving Sizes of Foods That Can Reasonably be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments’’; May 27, 2016; 81 FR 34000). As long as the information on the labels is still truthful and not misleading, FSIS will not find noncompliance if companies use the FDA format. When FSIS publishes a final rule to update the Nutrition Facts label format for meat and poultry products, companies would have to comply with that final rule by the effective date and will no longer be able to use the FDA format if it is different from the FSIS format. DATES: Comments must be received by December 16, 2016. ADDRESSES: FSIS invites interested persons to submit comments on this notice. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: This Web site provides the ability to type asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments. • Mail, including CD–ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8–163B, Washington, DC 20250–3700. • Hand- or Courier-Delivered Submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8–163B, Washington, DC 20250–3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS– 2016–0030. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http:// www.regulations.gov. Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8–164, Washington, DC 20250–3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Jeff Canavan, Deputy Director, Labeling and Program Delivery Staff, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Stop Code 3784, Patriots Plaza 3, 8–161A, 1400 Independence Avenue SW., Washington, DC 20250– 3700; Telephone (301) 504–0879; Fax (202) 245–4792. SUPPLEMENTARY INFORMATION: Background FSIS is the public health regulatory agency in the USDA that is responsible for ensuring that the nation’s commercial supply of meat, poultry, and egg products is safe, wholesome, and accurately labeled and packaged. Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601–695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451–470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031–1056, at 1036) (the ‘‘Acts’’), the labels of meat, poultry, and egg products must be approved by the Secretary of Agriculture, who has delegated this authority to FSIS, before these products PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 can enter commerce. The Acts prohibit the sale or offer for sale by any person, firm, or corporation of any article in commerce under any name or other marking or labeling that is false or misleading or in any container of a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The Acts also prohibit the distribution in commerce of meat or poultry products that are adulterated or misbranded. The FMIA and PPIA give FSIS broad authority to promulgate such rules and regulations as are necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 463(b)). To prevent meat and poultry products from being misbranded, the meat and poultry product inspection regulations require that the labels of meat and poultry products include specific information, such as nutrition labels, and that such information be displayed as prescribed in the regulations (9 CFR part 317 and part 381). The nutrition labeling requirements for meat and meat food products are in 9 CFR 317.300– 317.400, and the nutrition labeling requirements for poultry products are in 9 CFR 381.400–381.500. Nutrition Facts Label Compliance On May 27, 2016, FDA published two final rules, ‘‘Food Labeling: Revision of the Nutrition and Supplement Facts Labels’’ (81 FR 33742) and ‘‘Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at OneEating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments’’ (81 FR 34000), to update the Nutrition Facts label to reflect newer nutrition and public health research and recent dietary recommendations from expert groups and to improve the presentation of nutrition information to help consumers make more informed choices and maintain healthy dietary practices. FSIS has reviewed FDA’s analysis and believes it is necessary to propose nutrition labeling regulations for meat and poultry products that will parallel, to the extent possible, FDA’s regulations. This approach will help prevent consumer confusion and nonuniformity in the marketplace. While FSIS is in the process of rulemaking to update the Nutrition Facts label format for meat and poultry E:\FR\FM\16NON1.SGM 16NON1 80632 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES products, establishments may voluntarily choose to use the Nutrition Facts label format that FDA recently finalized (81 FR 33742 and 81 FR 34000). As long as the information on the labels is still truthful and not misleading, FSIS will not find noncompliance if companies use the FDA format. Because FDA’s new Nutrition Facts format is different than FSIS’s current regulations, and the new formatted labels that FSIS’s Labeling and Program Delivery Staff (LPDS) has reviewed so far contained errors and needed corrections, companies that wish to use FDA’s Nutrition Facts label format will need to submit at least one label sketch in that format to LPDS. A parent company for a corporation may submit only one label application for a product produced in other establishments that are owned by the corporation. Subsequent similar labels that use FDA’s Nutrition Facts format for other products can be generically approved. Submitting one label and receiving approval helps ensure the rest are applied in compliance with FDA’s regulations and may prevent additional problems in the future. FSIS believes that if only one label is submitted per corporation, LPDS’s review would not be a large burden to FSIS or industry and wouldn’t adversely affect the label review backlog. When FSIS publishes a final rule to update the Nutrition Facts label format for meat and poultry products, companies would have to comply with that final rule by the effective date and will no longer be able to use the FDA format if it is different from the FSIS format. FSIS is requesting comments on whether there are any issues or problems with allowing companies to voluntarily use FDA’s Nutrition Facts label format on meat and poultry products until FSIS issues a final rule that addresses nutrition labeling requirements. USDA Nondiscrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination, any person in the United States under any program or activity conducted by the USDA. To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at: http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250–9410. Fax: (202) 690–7442. Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at http://www.fsis.usda.gov/wps/portal/ fsis/topics/regulations/federal-register/ federal-register-notices. FSIS also will make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to constituents and stakeholders. The update is communicated via Listserv, a free electronic mail subscription service for industry, trade and farm groups, consumer interest groups, allied health professionals, and other individuals who have asked to be included. The update is available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http:// www.fsis.usda.gov/subscribe. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Dated: November 10, 2016. Alfred V. Almanza, Acting Administrator. [FR Doc. 2016–27506 Filed 11–15–16; 8:45 am] BILLING CODE 3410–DM–P PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE Bureau of the Census Federal Economic Statistics Advisory Committee Bureau of the Census, Department of Commerce. ACTION: Notice of Advisory Committee charter renewal. AGENCY: The Secretary of Commerce has determined that renewal of the charter of the Federal Economic Statistics Advisory Committee (FESAC) is necessary and in the public interest in connection with the performance of duties imposed by law on the U.S. Department of Commerce, and with the concurrence of the General Services Administration, established within the Economics and Statistics Administration (ESA), Department of Commerce. The renewed FESAC charter can be found on the Bureau of the Census’ (Census Bureau’s) Advisory Committee Web site at the following link: http://www.census.gov/fesac/. FOR FURTHER INFORMATION CONTACT: James R. Spletzer, Designated Federal Official for the Federal Economic Statistics Advisory Committee, Principal Economist, U.S. Census Bureau, Room 5K019, Washington, DC 20233, telephone 301–763–4069, James.R.Spletzer@census.gov. SUPPLEMENTARY INFORMATION: The Committee presents advice and makes recommendations to the Department of Labor, Bureau of Labor Statistics and the Department of Commerce’s bureaus consisting of ESA, the Bureau of Economic Analysis, and the Census Bureau (the Agencies) from the perspective of the professional economics and statistics community. The Committee examines the Agencies’ programs and provides advice on statistical methodology, research needed, and other technical matters related to the collection, tabulation, and analysis of Federal economic statistics. The Committee is a technical committee that is balanced in terms of the professional expertise required. It consists of approximately 16 members, appointed by the Agencies. Its members are economists, statisticians, and behavioral scientists who are recognized for their attainments and objectivity in their respective fields. The FESAC will function solely as an advisory body and in compliance with provisions of the Federal Advisory Committee Act. Pursuant to subsection 9(c) of the Federal Advisory Committee Act, 5 U.S.C., App., as amended, this charter was filed with the Chief SUMMARY: E:\FR\FM\16NON1.SGM 16NON1

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[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80631-80632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27506]


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

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

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


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

[[Page 80631]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2016-0030]


Nutrition Facts Label Compliance

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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

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

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

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

Nutrition Facts Label Compliance

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

[[Page 80632]]

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

USDA Nondiscrimination Statement

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

Additional Public Notification

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

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