[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Notices]
[Pages 352-353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-124]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 93P-0310]
White Chocolate Deviating From Identity Standard; Amendment of
Temporary Permit for Market Testing
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing that it
is amending an extended temporary permit issued to Hershey Foods Corp.
(Hershey) to market test products identified, in part, as ``white
chocolate'' that deviate from the U.S. standards of identity for
chocolate products, e.g., chocolate liquor, sweet chocolate, milk
chocolate, buttermilk chocolate, skim milk chocolate, or mixed dairy
product chocolates. The purpose of the amendment to the extended
temporary permit is to allow Hershey to collect data on consumer
acceptance of a different product, containing white chocolate, that
also contains chocolate cookies, and to identify mass production
problems.
FOR FURTHER INFORMATION CONTACT: Nannie H. Rainey, Center for Food
Safety and Applied Nutrition (HFS-158), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-205-5099.
SUPPLEMENTARY INFORMATION: In accordance with Sec. 130.17 (21 CFR
130.17) concerning temporary permits, FDA gave notice in the Federal
Register of November 5, 1993 (58 FR 59050), that a temporary permit had
been issued to Hershey Foods Corp., P.O. Box 810, Hershey, PA 17033.
The temporary permit was issued to market test products containing a
component designated as ``white chocolate'' and to facilitate market
testing of foods deviating from the requirements of the standards of
identity promulgated under section 401 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341). The white chocolate component of these
products deviates from the standards of identity for certain chocolate
products, e.g., chocolate liquor (21 CFR 163.111), sweet chocolate (21
CFR 163.123), milk chocolate (21 CFR 163.130), buttermilk chocolate (21
CFR 163.135), skim milk chocolate (21 CFR 163.140), or mixed dairy
product chocolates (21 CFR 163.145) in that: (1) It is prepared without
the nonfat components of the ground cacao nibs, but contains the fat
(cocoa butter) expressed from the ground cacao nibs; and (2) safe and
suitable antioxidants are added. The test component meets all the other
requirements of the standards for chocolate products in 21 CFR part
163.
-Subsequently, Hershey requested that their temporary permit
(Docket No. 93P-0310) be extended to allow for additional time for the
firm to continue to collect data on consumer acceptance of the products
while the agency takes action on two petitions (Docket Nos. 86P-0297/CP
2 and 86P-0297/CP 3 (see 59 FR 67302, December 29, 1994, for
discussion)) to establish a standard of identity for white chocolate
that were submitted by Hershey and by the Chocolate Manufacturers
Association. FDA granted the request for the extension and provided for
continued testing on an annual basis of up to 21,800,000 kilograms (kg)
(48,000,000 pounds (lb)) of the test product. The test products bear
the fanciful names ``Hershey's Hugs, Mini Hershey's Kisses Hugged by
White Chocolate'' and ``Hershey's Hugs, Mini Hershey's Kisses Hugged by
White Chocolate, with Almonds.'' In the Federal Register of December
29, 1994 (59 FR 67302), FDA extended the expiration date of the
[[Page 353]]
permit so that the permit expires either on the effective date of a
final rule to establish a standard of identity for white chocolate,
which may result from the petitions, or 30 days after termination of
such rulemaking.
-Hershey is now requesting that the extended temporary permit be
amended to provide for up to 13,600,000 kg (30,000,000 lb) of a
different product, containing white chocolate, that also contains
chocolate cookies. Hershey is also requesting that the permit be
amended to allow an additional plant where this product can be
manufactured.
-The agency finds that it is in the interest of the consumer to
amend the extended temporary permit to allow for market testing of
another product containing white chocolate. Therefore, under the
provisions of Sec. 130.17(f), FDA is modifying the extended temporary
permit granted to Hershey to provide for the market testing of up to
13,600,000 kg (30,000,000 lb) of the new test product on an annual
basis in addition to the 21,800,000 kg (48,000,000 lb) of test product
authorized in the original permit. The new test product, in bar and
bite size forms, will bear the fanciful name ``Hershey's Cookies 'n'
Creme Chocolate Cookie Bits in White Chocolate.'' The white chocolate
meets the compositional requirements of the current temporary permit.
FDA is also modifying the extended temporary permit to provide for an
additional plant at Hershey Chocolate, U.S.A., 19 East Chocolate Ave.,
Hershey, PA 17033, where the product may be manufactured. The product
will be distributed nationwide.
-Each of the ingredients used in the food must be declared on the
label as required by the applicable sections of 21 CFR part 101. This
amended extended permit expires either on the effective date of a final
rule to establish a standard of identity for white chocolate, which may
result from the petitions, or 30 days after termination of such
rulemaking. All other conditions and terms of the extended permit
remain the same.
Dated: December 15, 1995.
F. Edward Scarbrough,
Director, Office of Food Labeling, Center for Food Safety and Applied
Nutrition.
[FR Doc. 96-124 Filed 1-3-96; 8:45 am]
BILLING CODE 4160-01-F
