[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68233-68236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33844]
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DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Part 246
RIN 0584-AC59
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): WIC Cereal Sugar Limit and Food Package Review
AGENCY: Food and Consumer Service, USDA.
ACTION: Notice of Intent to propose rulemaking; withdrawal.
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SUMMARY: The Department published a Federal Register Notice of Intent
on March 18, 1996 soliciting public comments on whether the existing
Federal 6-gram sugar limit for WIC-eligible adult cereals should be
changed. The 90-day comment period ended on June 17, 1996. USDA
received 731 letters from a total of 878 commenters, representing a
wide range of interested parties. The majority--809 commenters--
expressed support for the continuation of the 6-gram sugar limit
unchanged. In addition, several commenters suggested that USDA conduct
a comprehensive review of the WIC food packages rather than focus on
the single issue of the sugar content of WIC-eligible adult cereals.
The purpose of this Notice of Intent is to summarize the public
comments received in response to the earlier Notice of intent and to
announce the Department's intent to review the WIC food packages and
recommend refinements that would best serve WIC Program objectives.
USDA's Center for Nutrition Policy and Promotion will be spearheading
this effort in conjunction with the Food and Consumer Service. Until
this review is completed, the Department will not make any decisions
about whether to propose a regulatory change in the Federal sugar cap
for WIC-eligible adult cereals. Therefore, the current requirement that
WIC-eligible adult cereals made available to women and child
participants must contain no more than 21.2 grams of sucrose and other
sugars per 100 grams of dry cereal (i.e., 6 grams of sugar per dry
ounce of cereal) remains in effect.
FOR FURTHER INFORMATION CONTACT: Barbara Hallman, Branch Chief, Policy
and Program Development Branch, Supplemental Food Programs Division,
Food and Consumer Service, USDA, 3101 Park Center Drive, Room 542,
Alexandria, Virginia 22302, (703) 305-2730.
[[Page 68234]]
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This Notice of Intent has been determined to be significant for
purposes of Executive Order 12866 and therefore has been reviewed by
the Office of Management and Budget.
Regulatory Flexibility Act
This action is not a rule as defined by the Regulatory Flexibility
Act (5 U.S.C 601-612) and thus is exempt from the provisions of this
Act.
Paperwork Reduction Act
This Notice of Intent does not contain reporting or recordkeeping
requirements subject to approval by the Office of Management and Budget
in accordance with the Paperwork Reduction Act of 1995 (44 USC 3507).
Executive Order 12372
This program is listed in the Catalog of Federal Domestic
Assistance Programs under No. 10.557 and is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials [7 CFR part 3015, Subpart V, and final
rule-related Notice of Intent published June 24, 1983 (48 FR 29114)].
Background
The Department's March 18, 1996 Federal Register Notice of Intent
provided an overview of the different WIC food packages for women and
child participants. These packages make available adult cereals that
contain at least 28 milligrams of iron and no more than 21.2 grams of
sucrose and other sugars (i.e., 6 grams of sugar per dry ounce of
cereal) per 100 grams of dry cereal. The Notice of Intent summarized
how this 6-gram sugar limit for WIC-eligible adult cereals (hereinafter
called ``WIC cereals'') was established as a Federal requirement in
1980 through the rulemaking process. A complete recap of the sequence
of events leading up to the development of the 6-gram sugar limit can
be found in the March 18, 1996 Notice of Intent at 61 FR 10903.
In the Notice of Intent, as part of its continuing obligation to
assure that Federal policies governing WIC nutritional standards are
scientifically sound, the Department asked the public to comment on
whether the 6-gram sugar limit should be retained as a Federal
requirement for WIC cereals. The Department indicated in the Notice of
Intent that, with the exception of dental caries, recent scientific
studies fail to clearly document an association between sugar
consumption and an increased risk of developing chronic diseases.
Therefore, the Notice of Intent solicited public comments to assist the
Department in making a decision about whether to embark on a proposed
change to the Federal regulations governing the sugar limit for WIC
cereals.
The Department encouraged commenters to respond on how the current
WIC cereal sugar limit should be revised, if a change in regulations
was deemed appropriate. The Notice of Intent at 61 FR 10907 cited the
following different positions that commenters were anticipated to take
on this issue:
Retain the current 6-gram sugar limit unchanged, counting
all sugar, both naturally occurring and added, as part of the total
sugar content of the cereal.
Set a new sugar limit, either higher or lower than the
current 6-gram level.
Revise the 6-gram sugar limit to represent only the amount
of sugar added during the manufacturing of a cereal, representing
either a separate ingredient (e.g., table sugar, corn syrup, brown
sugar, honey, and maltodextrin) or a separate component of a processed
or man-made ingredient (e.g., marshmallow and caramel), and exclude the
naturally occurring, inherent sugar in the cereal (e.g., sugars in
grains, dried fruits, and nonfat dry milk).
Eliminate the Federal sugar limit for WIC cereals.
The Notice of Intent further stated that commenters need not
restrict their views to one of these options, but could also pose other
alternatives. In addition, the Department urged commenters to discuss
both the pros and cons of their recommendations as they specifically
apply to the low-income, nutritionally at-risk WIC population. The
Department also sought public views on how a change would impact WIC
Program operations, such as the provision of nutrition education.
Further, the Notice of Intent solicited feedback from the public on
whether they believed that the 6-gram limit provided an adequate range
of choices for both WIC agencies and participants, consistent with the
nutritional purposes of the WIC Program.
Comment Analysis
The March 18, 1996 Notice of Intent had a 90-day comment period,
which closed on June 17, 1996. USDA received 731 letters with a
postmark of June 17 or earlier from a total of 878 commenters.
Commenters represented a wide range of interested parties: the WIC
community; professional nutrition/health care providers and
associations; members of Congress and State/local government officials;
industry and related private support groups; public interest groups;
and the general public. There was strong consensus among the
overwhelming majority of commenters that the current cereal sugar limit
continues to be appropriate for the low-income, nutritionally at-risk
WIC population.
Of the 878 commenters, 809 supported retaining the current 6-gram
sugar limit for WIC cereals. Supporters included, but were not limited
to: the 33 WIC State agency directors who responded; 28 of the other 30
WIC State agency staff who responded; the National Association of WIC
Directors; the 8 State/local WIC associations or coalitions that
responded; 281 of the 308 WIC local agency directors and their staff
who responded; 26 of 29 professional health/nutrition-related groups
that responded, such as the American Dental Association and affiliated
State dental societies/associations in California, Illinois, Iowa,
Oregon, South Dakota, Texas, and Washington, the American Association
of Public Health Dentistry, the American Dietetic Association and its
affiliated State chapter in Maine, the Association of State and
Territorial Public Health Nutrition Directors, the Society for
Nutrition Education, the Association of Maternal and Child Health
Programs, the American Public Health Association, and the American
Academy of Pediatrics and its affiliated State chapter in Montana; 325
of the 341 individual nutrition/health professionals (mostly dentists,
physicians and nutritionists) who responded; 21 of 24 members of
Congress who responded before the due date; 2 of the 3 national cereal
manufacturers that responded; and the 17 public interest groups that
responded, such as the Food Research and Action Center, the Center on
Budget and Policy Priorities, the Center for Science in the Public
Interest, Public Voice for Food and Health Policy, Bread for the World,
and the Migrant Legal Action Program, Inc.
Seven commenters suggested that USDA establish a lower sugar limit
for WIC cereals. In most cases, their recommendations reflected general
acceptance of the 6-gram sugar limit, but expressed a preference for an
even lower sugar level. Three commenters wanted a modest 1-2 gram
increase in the current sugar limit, or up to a maximum of 8 grams per
dry ounce of cereal.
Twenty-seven commenters recommended that the current 6-gram limit
be redefined to count only the
[[Page 68235]]
added sugars and to discount naturally occurring sugars found in cereal
grains and ingredients, such as dried fruits. This group of commenters
included: 1 WIC State agency staff person; 21 WIC local agency
directors or their staff; 1 professional nutrition/health-related
group, the American Heart Association; 1 non-WIC health/research
facility; and 3 individual nutrition/health professionals or educators.
Twenty-six commenters favored a complete elimination of a sugar
limit, of whom: 1 was a WIC local agency staff person; 2 represented
the professional nutrition/health-related group known as the American
Council on Science and Health; 7 were individual nutrition/health
professionals or educators; 3 represented a non-WIC health/research
facility; 12 represented the cereal, raisin or sugar industries and
related private support groups; and 1 was a State official.
The Department classified 11 of the commenters, including 3 members
of Congress, as expressing ``other'' points of view for one of the
following reasons: they did not clearly state a preference for one of
the options concerning the WIC cereal sugar limit cited in the Notice
of Intent; they expressed an opinion not related to any option; or they
wrote simply to provide information or make an inquiry, rather than to
express an opinion about the sugar limit.
Five of the 878 commenters expressed two different positions in
their letters (i.e., 4 commenters favored retaining or lowering the
sugar limit and 1 commenter favored retaining or slightly raising the
sugar limit). The dual positions of these 5 commenters were captured
accordingly in the counts reported above.
As of April 4, 1997, USDA had received 166 more letters,
representing 183 commenters, that were postmarked after the June 17,
1996 closing date. Late letters were read and considered by the
Department, but were not included among the official counts cited above
comprising the comment analysis. The majority of the late commenters
expressed support for retaining the current sugar limit.
Discussion of Commenters' Opinions and Rationales
Eight hundred and fifty seven of the total 878 commenters who
submitted letters during the 90-day comment expressed a preference to
either retain, revise or eliminate the sugar limit. Presented below is
a brief annotated list of commenters' major rationales related to each
of these positions.
Position I: Retain the 6-Gram Sugar Limit Unchanged
Eight hundred and nine commenters expressed support for retaining
unchanged the current sugar limit for WIC cereals. The current 6-gram
sugar limit represents total grams of sugar contained in a 1-ounce
serving of cereal. It includes grams of both naturally occurring and
added sugars.
The total number of WIC State and local agency associations,
directors and their staff and individual nutrition/health professionals
who responded to the Notice of Intent represented about 728 commenters,
of which approximately 680 argued against a change in the 6-gram WIC
cereal sugar limit. Collectively, the main rationales the 809
commenters gave in defense of their position were:
Rationale 1: The 6-gram sugar limit is consistent with the Dietary
Guidelines for Americans and the Food Guide Pyramid that recommend
moderation in sugar intake.
Rationale 2: Including both naturally occurring and added sugar in
the 6-gram sugar limit is consistent with the information displayed on
Nutrition Facts panels of food labels that does not distinguish between
naturally occurring or added sugars. Further, counting all sources of
sugar in determining the total sugar content of a WIC cereal is
appropriate because the human body cannot differentiate between the
same types of sugar which are identical chemically whether they are
naturally occurring or added.
Rationale 3: Greater amounts of sugar in WIC cereals would offer
few if any nutritional benefits to WIC participants.
Rationale 4: The 6-gram sugar limit is consistent with WIC's
mission to meet the special nutritional and health needs of a low-
income, at-risk population.
Rationale 5: The 6-gram sugar limit represents an important
nutrition standard for WIC foods and is relevant to WIC nutrition
education goals.
Rationale 6: The 6-gram sugar limit provides an adequate range of
cereal choices for WIC participants and State agencies.
Rationale 7: Numerous USDA reviews over several years (see 61 FR
10905) have concluded that the 6-gram sugar limit is an appropriate WIC
food requirement.
Position II: Revise the 6-Gram Sugar Limit to Count Only Added Sugars
Twenty-seven commenters recommended that the 6-gram sugar limit be
redefined to count only added sugars and exempt naturally occurring
sugars in the grains and dried fruit ingredients. Collectively, the
main rationales these 27 commenters gave in defense of their position
were:
Rationale 1: Redefining the 6-gram sugar limit, to enable more
cereals containing dried fruits to become WIC eligible, would be
consistent with the Dietary Guidelines recommendation concerning eating
more fruits and vegetables.
Rationale 2: Redefining the 6-gram sugar limit would increase the
variety of WIC cereals and dried fruit adds beneficial nutrients to
cereals, such as dietary fiber, magnesium and zinc.
Position III: Eliminate the 6-Gram Sugar Limit for WIC Cereals
Twenty-six commenters stated that the current sugar limit for WIC
cereals should be abolished. Collectively, the main rationales these 26
commenters gave in defense of their position were:
Rationale 1: The 6-gram sugar limit restricts the variety of WIC
cereals and is inconsistent with newer research findings indicating
that sugar consumption is not clearly associated with an increased risk
of chronic diseases, except dental caries.
Rationale 2: The 6-gram sugar limit is arbitrary and capricious and
is not based upon scientific evidence.
Conclusion
The Department would like to express its appreciation to all of the
commenters who responded to the March 18, 1996 Notice of Intent to
share their insights and views about this issue. Several commenters
expressing various positions on the sugar limit suggested that rather
than focusing on only one requirement of the WIC foods, i.e., the sugar
restriction for WIC cereals, USDA should consider whether all of the
nutritional aspects of the WIC food packages are still appropriate for
the WIC population. Therefore, USDA has decided to conduct a review of
the overall WIC food packages. This review will examine the WIC food
packages and recommend refinements that would best serve WIC Program
objectives. The review will assure that the WIC food packages are
consist with the fourth edition of the Dietary Guidelines for Americans
jointly published by USDA and the U.S. Department of Health and Human
Services in 1995, which was issued subsequent to the last review of the
WIC food packages completed in 1992. Choosing a diet moderate in sugar
content represents just one of the seven primary recommendations of the
Dietary Guidelines. The Department believes that a more comprehensive
assessment of the WIC food packages would be prudent at this time.
[[Page 68236]]
The USDA Center for Nutrition Policy and Promotion will be
spearheading this effort in conjunction with the Food and Consumer
Service. The Department expects to complete the WIC food package review
by the summer of 1998. Until this review is completed, the Department
will not make any decisions about whether to propose a regulatory
change in the Federal sugar limit for WIC cereals. Consequently, the
current Federal requirement that WIC cereals (hot or cold) made
available to women and child participants must contain no more than
21.2 grams of sucrose and other sugars per 100 grams of dry cereal
(i.e., 6 grams of sugar per dry ounce of cereal) remains in effect for
an indefinite period of time.
Dated: December 17, 1997.
Shirley R. Watkins,
Under Secretary, Food, Nutrition and Consumer Services.
[FR Doc. 97-33844 Filed 12-30-97; 8:45 am]
BILLING CODE 3410-30-U
