[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26910-26911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13309]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 94N-0155]


Nutrient Values for the Voluntary Nutrition Labeling of Raw 
Fruits, Vegetables, and Fish; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of updated nutrition labeling values for the 20 most 
frequently consumed raw fruits, vegetables, and fish in the United 
States. The agency is making these values available to assist those 
food retailers who wish to update the voluntary nutrition labeling 
information that they make available to consumers before FDA's next 
survey of retail stores to determine whether there is substantial 
compliance with the voluntary nutrition labeling program.

ADDRESSES: Submit written requests for single copies of the nutrition 
labeling values to the Division of Technical Evaluation (HFS-165), 
Office of Food Labeling, Center for Food Safety and Applied Nutrition, 
Food and Drug Administration, 200 C St. SW., Washington, DC 20204. 
Requests should be identified with the docket number found in brackets 
in the heading of this document. Send a self-addressed adhesive label 
or fax number to assist that office in processing your requests.

FOR FURTHER INFORMATION CONTACT: Mary M. Bender, Center for Food Safety 
and Applied Nutrition (HFS-165), Food and Drug Administration, 200 C 
St. SW., Washington, DC 20204, 202-205-5592, FAX 202-205-5532.

SUPPLEMENTARY INFORMATION: The Nutrition Labeling and Education Act of 
1990 amended the Federal Food, Drug, and Cosmetic Act (the act) to 
require, among other things, that under section 403(q)(4) of the act 
(21 U.S.C. 343(q)(4)), FDA: (1) Identify the 20 most frequently 
consumed raw fruits, vegetables, and fish in the United States; (2) 
establish guidelines for the voluntary nutrition labeling of these raw 
fruits, vegetables, and fish; and (3) issue regulations that define 
``substantial compliance'' with respect to the adherence by food 
retailers with those guidelines. In the Federal Register of July 2, 
1991 (56 FR 30468 at 30479 through 30481), FDA responded to these 
requirements by issuing a proposal, and, in the Federal Register of 
November 27, 1991 (56 FR 60880), the agency published a final rule on 
the nutrition labeling of raw fruits, vegetables, and fish (corrected 
on March 6, 1992 (57 FR 8174)). In the Federal Register of July 18, 
1994 (59 FR 36379) (corrected on July 21, 1994 (59 FR 37190)), FDA 
published a proposal to revise the guidelines and the labeling values 
for the 20 most frequently consumed raw fruits, vegetables, and fish. 
FDA plans to publish a final rule on that rulemaking in the near 
future.
    Under the guidelines of the voluntary labeling program, nutrition 
labeling information should be provided in close proximity to the place 
in the retail establishment where raw fruits, vegetables, and fish are 
displayed for sale. Information may be made available in signs, 
posters, brochures, notebooks, or leaflets and may be supplemented by 
video, live demonstration, or other media. Nutrition labeling 
information may also be provided on the individual food package.
    In Sec. 101.43 (21 CFR 101.43), FDA defined substantial compliance 
to mean that at least 60 percent of the food retailers sampled in a 
representative survey provide nutrition labeling information (as 
specified in the guidelines) for at least 90 percent of the foods that 
they sell that are included on the listing of the most frequently 
consumed raw fruits, vegetables, and fish. Section 403(q)(4)(C)(ii) of 
the act states that if substantial compliance is achieved by food 
retailers, FDA is to reassess voluntary labeling compliance every 2 
years. The act also states that, if substantial compliance is not 
achieved, FDA is to propose to require that nutrition information be 
provided by any person who offers raw fruits and vegetables or raw fish 
to consumers (section 403(q)(4)(D)(i)).

[[Page 26911]]

    Because substantial compliance was achieved in 1993 and 1995, 
section 403(q)(4)(C)(ii) of the act requires that FDA reassess 
voluntary labeling compliance and issue a report in 1997. FDA will 
survey retail stores under contract in November and December of 1996 to 
determine whether substantial compliance in the voluntary provision of 
labeling information for raw fruits, vegetables, and fish continues to 
exist. If substantial compliance is not met, the agency will propose to 
modify Sec. 101.43 to make the program mandatory.
    The industry has informed the agency that many retailers need new 
posters, charts, or brochures, and rather than reprinting the old 
values, they would prefer to wait until they have the new values to 
print the necessary materials. The timeframe by which the agency 
intends to publish a final rule to update the voluntary labeling 
program, however, may not allow food retailers and trade associations 
adequate time to print, distribute, and post nutrition labeling 
information before the next compliance survey. Therefore, because FDA 
considers that both industry and consumers will benefit if the most 
current nutrition labeling values for the 20 most frequently consumed 
raw fruits, vegetables, and fish are made available for use in the 
voluntary program, FDA is publishing these values at this time, in 
advance of completion of work on the final rule. The agency encourages 
retailers to use these new values when they print their posters, 
charts, or brochures on raw fruits, vegetables, and fish. However, 
because of the short amount of time before the 1996 survey, FDA is 
allowing retailers who choose to participate in the voluntary nutrition 
labeling program to use the old 1991 values or these new values.
    Therefore, firms interested in obtaining the nutrition labeling 
values for the 20 most frequently consumed raw fruits, vegetables, and 
fish should submit a written request, accompanied by a self-addressed 
adhesive label or a fax number, to the Division of Technical Evaluation 
(HFS-165), Office of Food Labeling, Center for Food Safety and Applied 
Nutrition, Food and Drug Administration, 200 C St. SW., Washington, DC 
20204.

    Dated: May 20, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-13309 Filed 5-28-96; 8:45 am]
BILLING CODE 4160-01-F