[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10887]
Federal Register / Vol. 59, No. 87 / Friday, May 6, 1994 /
[[Page Unknown]]
[Federal Register: May 6, 1994]
VOL. 59, NO. 87
Friday, May 6, 1994
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 210 and 220
National School Lunch Program and School Breakfast Program;
Competitive Foods
AGENCY: Food and Nutrition Service, USDA.
ACTION: Final rule.
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SUMMARY: On January 6, 1993, the Food and Drug Administration announced
in a final rule that, effective May 8, 1994, the current food label
reference values, the U.S. Recommended Daily Allowances (U.S.RDAs),
will be identified as the Reference Daily Intakes, or RDIs. This change
is to be one of designation only and the reference values are not being
modified. The purpose of this rule is to replace the term ``U.S.RDA''
wherever used in Food and Nutrition Service program regulations with
``RDI''.
EFFECTIVE DATE: May 8, 1994.
FOR FURTHER INFORMATION CONTACT: Ms. Lori LeGault, Section Head, Food
Science and Nutrition Section, Nutrition and Technical Services
Division, Food and Nutrition Service, USDA, (703) 305-2556.
SUPPLEMENTARY INFORMATION:
Classification
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore has not been reviewed
by the Office of Management and Budget.
Regulatory Flexibility Act
This rule has been reviewed with regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 through 612). The Acting
Administrator of FNS has certified that this rule will not have a
significant economic impact on a substantial number of small entities.
The actual values used in the regulation are not being changed, only
the name for the values is changing. Therefore, this change will have
no effect on small entities.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any state or local laws, regulations or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless so specified in the ``Effective Date'' section of this preamble.
There are no administrative procedures which must be exhausted prior to
any judicial challenge to the provisions of this rule or the
application of its provisions.
Catalog of Federal Domestic Assistance
The National School Lunch Program and the School Breakfast Program
are listed in the Catalog of Federal Domestic Assistance under No.
10.555 and 10.553 respectively. Both programs are 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 at 48 FR 29112, June 24, 1983).
Paperwork Reduction Act
No new data collection or recordkeeping requiring Office of
Management and Budget (OMB) approval under the Paperwork Reduction Act
of 1980 (44 U.S.C. 3501 through 3502) are included in this rule.
The Administrator of FNS has determined pursuant to 5 U.S.C.
553(b)(3)(B) that prior notice and comment on this rule prior to
implementation is unnecessary and contrary to public interest, and
therefore good cause exists for making this rule effective without
prior public comment. This document makes technical changes and imposes
no new requirements. This rule updates 7 CFR parts 210 and 220 to
incorporate a change made in the Food and Drug Administration's (FDA)
nutrition labeling regulations. There is no need for public comment
because the change from the U.S.RDA reference to the RDI reference does
not effect the basis of the regulation. In addition, FDA has already
made this change in the nutrition labeling regulations the competitive
foods rule must make the change in order to refer to an accepted
reference.
Background
The Food and Drug Administration (FDA) requires that certain food
products be labeled with information sufficient to apprise consumers of
the nutritional content and value of the products. Food product labels
are required to indicate on a per serving basis the percentage
contribution of the product to the recommended daily consumption of
certain vitamins and minerals considered essential for human nutrition.
The amounts of these vitamins and minerals recommended for daily
consumption are known as the U.S. Recommended Daily Allowances or
U.S.RDAs. The U.S.RDAs are derived by FDA from the ``Recommended Daily
Allowances,'' published by the Food and Nutrition Board of the National
Academy of Sciences-National Research Council (NAS-NRC). The Department
employs the U.S.RDAs in the National School Lunch, 7 CFR 210.11(b);
Appendix B, and School Breakfast, 7 CFR 220.12(b)(1); appendix B,
program regulations in describing foods of minimal nutritional value
which are prohibited from being sold in school food service areas
during regular meal service. The NAS-NRC Recommended Daily Allowances
are referenced by the Department in the National School Lunch and Food
Stamp Program regulations to describe nutritional goals of the
programs.
In part to eliminate the public's confusion from the widespread use
of both the U.S.RDAs and the NAS-NRC Recommended Daily Allowances, and
in part to reflect recent increases in the scientific knowledge
concerning human nutrition requirements, FDA is discontinuing use of
the U.S.RDAs as of May 8, 1994. On that date, the U.S.RDAs will be
replaced by the Reference Daily Intakes, or RDIs, and the Daily
Reference Values or DRVs. RDIs will be used to describe recommended
vitamin, mineral and protein consumption and DRVs in discussing fats
and carbohydrates. RDI and DRV information will not be used on food
product labels. Rather, FDA is adopting a new nutrition labeling
reference, known as the Daily Value, which will combine RDI and DRV
information and will be required on most packaged food products.
To coincide with FDA's replacement of the U.S.RDAs with RDIs and
DRVs, the Department is updating its references to the U.S.RDAs in the
regulations it administers. Effective May 8, 1994, the National School
Lunch and School Breakfast Program regulations will be amended by
substituting the term RDI in place of U.S.RDA. The Department's current
references to the U.S.RDAs involve only vitamin and mineral content of
food products. Therefore, no reference need be made by the Department
to the DRVs as that term will refer only to the fats and carbohydrates.
References to the NAS-NRC Recommended Daily Allowances in 7 CFR
210.10(b) and 272.5(b) will be unaffected by this regulatory change.
List of Subjects
7 CFR Part 210
Food Assistance Programs, National School Lunch Program, Commodity
School Program, Grant programs-social programs, Nutrition, Children,
Reporting and recordkeeping requirements, Surplus agricultural
commodities.
7 CFR Part 220
Food Assistance Programs, School Breakfast Programs, Grant
programs-social programs, Nutrition, Children, Reporting and
recordkeeping requirements, Surplus agricultural commodities.
Accordingly, 7 CFR parts 210 and 220 are amended as follows:
PART 210--NATIONAL SCHOOL LUNCH PROGRAM
1. The authority citation for part 210 continues to read as
follows:
Authority: The provisions of part 210 issued under sec. 2-12, 60
Stat. 230, as amended; sec. 10, 80 Stat. 889, as amended; 84 Stat.
270; 42 U.S.C. 17511760, 1779.
2. In Sec. 210.11, the first sentence of paragraph (a)(2) is
revised to read as follows:
Sec. 210.11 Competitive food services.
(a) * * *
(2) Food of minimal nutritional value means: (i) In the case of
artificially sweetened foods, a food which provides less than five
percent of the Reference Daily Intakes (RDI) for each of eight
specified nutrients per serving; and (ii) in the case of all other
foods, a food which provides less than five percent of the RDI for each
of eight specified nutrients per 100 calories and less than five
percent of the RDI for each of eight specified nutrients per serving. *
* *
* * * * *
3. In appendix B, Categories of Foods of Minimal Nutritional Value,
paragraph (b)(1) is amended by removing the acronym ``USRDA'' from the
second sentence and adding the words ``Reference Daily Intake (RDI)''
in its place, and by removing the acronym ``USRDA'' from the third
sentence and adding the acronym ``RDI'' in its place.
PART 220--SCHOOL BREAKFAST PROGRAM
1. The authority citation for part 220 continues to read as
follows:
Authority: Secs. 4 and 10 of the Child Nutrition Act of 1966, 80
Stat. 886, 889 (42 U.S.C. 1773, 1779), unless otherwise noted.
2. In Sec. 220.2, the first sentence of paragraph (i-1) is revised
to read as follows:
Sec. 220.2 Definitions.
* * * * *
(i-1) Foods of minimal nutritional value means: (1) In the case of
artificially sweetened foods, a food which provides less than five
percent of the Reference Daily Intake (RDI) for each of eight specified
nutrients per serving; (2) in the case of all other foods, a food that
provides less than five percent of the RDI for each of eight specified
nutrients per 100 calories and less than five percent of the RDI for
each of eight specified nutrients per serving. * * *
* * * * *
Sec. 220.12 [Amended]
3. In Sec. 220.12, the second and third sentences of paragraph
(b)(1) are amended by removing the acronym ``USRDA'' and adding the
acronym ``RDI'' in its place.
Dated: March 31, 1994.
Ellen Haas,
Assistant Secretary for Food and Consumer Services.
[FR Doc. 94-10887 Filed 5-5-94; 8:45 am]
BILLING CODE 3410-30-U
