[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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