[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2273-2274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00293]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-P-1189]


Canned Tuna Deviating From Identity Standard; Temporary Permit 
for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) received an 
application for a temporary permit from Chicken of the Sea 
International (the applicant). We are announcing that we have issued a 
temporary permit to the applicant to market test products (designated 
as ``no drain canned tuna'' products) that deviate from the U.S. 
standard of identity for canned tuna. The purpose of the temporary 
permit is to market test the product throughout the United States. The 
permit will allow the applicant to measure consumer acceptance of the 
new product and assess the new product's commercial feasibility.

DATES: This permit is effective for 15 months, beginning on the date 
the applicant introduces or causes the introduction of one or more of 
the test products into interstate commerce, but not later than April 
10, 2013.

FOR FURTHER INFORMATION CONTACT: Loretta A. Carey, Center for Food 
Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2371.

SUPPLEMENTARY INFORMATION: We are giving notice that we have issued a 
temporary permit to Chicken of the Sea International, 9330 Scranton 
Rd., suite 500, San Diego, CA 92121-7706. We are issuing the temporary 
permit in accordance with 21 CFR 130.17, which addresses temporary 
permits for interstate shipment of experimental packs of food varying 
from the requirements of standards of identity issued under section 401 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341).

[[Page 2274]]

    The permit covers limited interstate marketing tests of products 
identified as ``no drain canned tuna'' products. These test products 
deviate from the U.S. standard of identity for canned tuna (21 CFR 
161.190, hereinafter ``the standard'') in that the test products are 
prepared by: (1) Adding such a small amount of liquid that the products 
will not contain a packing medium in accordance with the standard; (2) 
adding seasoning and flavoring ingredients (i.e., lemon juice 
concentrate, lime oil, and chili paste) that are not permitted under 
the current standard; and (3) deviating from the fill requirements of 
the standard without including on the product label a general statement 
of substandard fill. The test products meet all the requirements of the 
standard with the exception of these three deviations. The purpose of 
this temporary permit is to market test the product throughout the 
United States. The permit will allow the applicant to measure customer 
acceptance of the new product and assess the new product's commercial 
feasibility.
    This permit provides for the temporary marketing of a total 533,333 
cases of 12 x 4 ounce cans (totaling 6.4 million cans), covering 1.6 
million pounds (725,747 kg) of test products. The test products will be 
manufactured by: Thai Union Frozen Products Public Company PLC (located 
at 30/2 Sethakit 1 Rd., Tambon Tarsrai, Ampheur Muang, Samutsakon 
74000, Thailand); Paul Paulet SAS (located at SA Zone Industrielle De 
Pouldavid, 29177 Dourrneinez, France); Pioneer Food Company (located at 
Pioneer Food Company Building, P.O. Box 4D, Fishing Harbour, Tema, 
Ghana); and Indian Ocean Tuna LTD (located at P.O Box 676, Fishing Port 
Victoria, Mah[eacute], Seychelles). Chicken of the Sea International 
will distribute the test products throughout the United States. Under 
this temporary permit, the principal display panels of the test 
products must bear the phrase ``no drain canned tuna'' in addition to 
one of the following names: ``Solid Light Tuna,'' ''Solid White 
Albacore Tuna,'' ''Solid Light Tuna Thai Chili,'' and ``Solid Light 
Tuna Lemon Pepper.'' The information panels on the labels of the test 
products must bear nutrition labeling in accordance with 21 CFR 101.9. 
Each of the ingredients used in the food must be declared on the labels 
of the test products as required by the applicable sections of 21 CFR 
part 101. This permit is effective for 15 months, beginning on the date 
the applicant introduces or causes the introduction of one or more of 
the test products into interstate commerce, but not later than April 
10, 2013.

    Dated: December 26, 2012.
Barbara Schneeman,
Director, Office of Nutrition, Labeling and Dietary Supplements, Center 
for Food Safety and Applied Nutrition.
[FR Doc. 2013-00293 Filed 1-9-13; 8:45 am]
BILLING CODE 4160-01-P