97-26450. Food Labeling; Net Quantity of Contents; Compliance; Reopening of Comment Period  

  • [Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
    [Proposed Rules]
    [Page 52057]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-26450]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 101, 161, and 501
    
    [Docket No. 92P-0441]
    
    
    Food Labeling; Net Quantity of Contents; Compliance; Reopening of 
    Comment Period
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule; reopening of comment period.
    
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    SUMMARY: The Food and Drug Administration (FDA) is reopening until 
    December 1, 1997, the comment period on a proposed rule that was 
    published in the Federal Register of March 4, 1997 (62 FR 9826). The 
    document proposed to revise the agency's human and animal food labeling 
    regulations that pertain to declarations of net quantity of contents on 
    food packages. This action is being taking to allow interested persons 
    additional time to submit comments to FDA on a survey sponsored by the 
    Federal Trade Commission on the accuracy of net content labeling of 
    milk and other products.
    
    DATES: Written comments by December 1, 1997.
    
    ADDRESSES: Submit written comments to the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
    Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: Loretta A. Carey, 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 the Federal Register of March 4, 1997 (62 
    FR 9826), FDA published a proposed rule to revise its human and animal 
    food labeling regulations that pertain to declarations of net quantity 
    of contents on food packages. That proposal set out procedures for 
    determining whether net quantity of contents declarations accurately 
    reflect the amount of product in food packages. Interested persons were 
    given until June 2, 1997, to comment on the proposed rule. In the 
    Federal Register of May 30, 1997 (62 FR 29313), the agency extended the 
    comment period for an additional 90 days. The comment period closed on 
    September 2, 1997.
        FDA has received two requests for a second 90-day extension of the 
    comment period on its proposed rule on net quantity of contents on food 
    packages. The requests were from trade associations that represent 
    major segments of both the food and feed industries. Both requests 
    stated that industry representatives would need this extension in light 
    of the national 20-State survey regarding the accuracy of net content 
    labeling of milk and, to a lesser extent, of other dairy products (such 
    as yogurt and cottage cheese) and of juice. The survey was conducted 
    because of State and local reports of short-filling in packages of milk 
    served in schools or sold in retail stores. The survey was made 
    available on July 17, 1997. The requests for extension of the comment 
    period stated that the industry representatives needed additional time 
    to review and analyze this study before they could complete their 
    comments.
         FDA informally granted an extension of 28 days until September 30, 
    1997, under the provisions in 21 CFR 10.40(b)(3)(ii). The agency has 
    now decided, however, that extending the comment period until December 
    1, 1997, as requested, will allow interested persons to fully review 
    and analyze the data from the national survey. This extension will 
    ensure that there is full consideration of all data and issues relating 
    to the agency's net quantity of contents proposal.
        Interested persons may, on or before December 1, 1997, submit to 
    the Dockets Management Branch (address above) written comments 
    regarding this proposal. Two copies of any comments are to be 
    submitted, except that individuals may submit one copy. Comments are to 
    be identified with the docket number found in brackets in the heading 
    of this document. Received comments may be seen in the office above 
    between 9 a.m. and 4 p.m., Monday through Friday.
    
        Dated: September 30, 1997.
    William K. Hubbard,
    Associate Commissioner for Policy Coordination.
    [FR Doc. 97-26450 Filed 10-3-97; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Published:
10/06/1997
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; reopening of comment period.
Document Number:
97-26450
Dates:
Written comments by December 1, 1997.
Pages:
52057-52057 (1 pages)
Docket Numbers:
Docket No. 92P-0441
PDF File:
97-26450.pdf
CFR: (3)
21 CFR 101
21 CFR 161
21 CFR 501