95-17919. Food Labeling; Serving Sizes; Reference Amount for ``Salt, Salt Substitutes, Seasoning Salts (e.g., Garlic Salt)''  

  • [Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
    [Proposed Rules]
    [Pages 37616-37620]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-17919]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    21 CFR Part 101
    
    [Docket No. 93P-0448]
    
    
    Food Labeling; Serving Sizes; Reference Amount for ``Salt, Salt 
    Substitutes, Seasoning Salts (e.g., Garlic Salt)''
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food and Drug Administration (FDA) is proposing to amend 
    the nutrition labeling regulations to change the reference amount 
    customarily consumed per eating occasion for the food category ``salt, 
    salt substitutes, seasoning salts (e.g., garlic salt)'' from a weight-
    based reference amount of 1 gram (g) to a volume-based reference amount 
    of 1/4 teaspoon (tsp). This action is necessary to provide consistency 
    with the agency's criteria for determining volumetric versus weight-
    based reference amounts for all product categories.
    
    DATES: Written comments by October 4, 1995.
    
    ADDRESSES: Submit written comments to the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., 
    Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: Ellen M. Anderson, Center for Food
    
    [[Page 37617]]
    Safety and Applied Nutrition (HFS-165), Food and Drug Administration, 
    200 C St. SW., Washington, DC 20204, 202-205-5662.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background-
    
        In the Federal Register of July 19, 1990 (55 FR 29517 at 29532), as 
    part of its effort to make the food label more useful and 
    understandable to consumers, FDA proposed standard serving sizes for 
    159 food product categories based on the amount of food commonly 
    consumed per eating occasion by persons 4 years of age or older. For 
    the category ``salt, seasoning salt (e.g., garlic salt),'' the agency 
    proposed a serving size of 1 g.
        On November 8, 1990, however, before FDA could issue a final rule 
    in the serving size rulemaking, Congress passed the Nutrition Labeling 
    and Education Act of 1990 (the 1990 amendments). This statute amended 
    the Federal Food, Drug, and Cosmetic Act (the act) to require that 
    virtually all foods bear nutrition information that is based on a 
    serving size that reflects the amount of food that is customarily 
    consumed and that is expressed in a common household measure that is 
    appropriate to the food (section 403(q)(1)(A)(i) of the act (21 U.S.C. 
    343(q)(1)(A)(i))). The new law also directed FDA to adopt regulations 
    that establish standards to define serving sizes (section 2(b)(1)(B) of 
    the 1990 amendments (21 U.S.C. 343 note)).
        In response to the new law, FDA, among other actions, issued a 
    reproposal on serving sizes (56 FR 60394, November 27, 1991). In that 
    reproposal, FDA carried forward the 1-g value for salt, although it 
    called this amount the ``reference amount customarily consumed'' to 
    reflect the requirements of the new law. FDA chose this amount based in 
    part on its tentative determination to use weight-based amounts except 
    in those instances in which it was demonstrably inappropriate to do so. 
    The agency also included salt substitutes in the food category for salt 
    and seasoning salts.
        FDA received three comments on the proposed reference amount for 
    salt (58 FR 2229 at 2260, January 6, 1993). One comment agreed with the 
    proposed 1-g reference amount. The second comment also agreed with this 
    amount, but it requested a voluntary declaration based on 1/4 tsp. The 
    third comment argued that a weight-based reference amount was 
    inappropriate for salt and requested that a volume-based reference 
    amount be established. However, this comment did not include any data 
    to support its assertions. Thus, in its final rule on serving sizes, 
    FDA concluded that, in the absence of evidence to support a different 
    reference amount, 1 g was the appropriate reference amount for ``salt, 
    salt substitutes, seasoning salts (e.g., garlic salt)'' (58 FR 2229 at 
    2297).
    
    II. The Petition
    
        On November 19, 1993, FDA received a petition from Akzo Salt, Inc., 
    that requested that FDA change the reference amount for salt from 1 g 
    to a density-adjusted reference amount to be listed as ``x g-1/4 tsp.'' 
    In support of its petition, the petitioner submitted the results of a 
    consumer study of consumption patterns for salt and low-density salt 
    and analytical data comparing the physical properties (including 
    density) of salt and low-density salt. The company stated that the low-
    density salt product contains 33 percent less sodium by volume than 
    regular table salt, that the consumer data demonstrate that equivalent 
    volumes of low-density salt and regular salt are consumed, and that, 
    therefore, consumers who use similar volumes of low-density and regular 
    salt would consume 33 percent less sodium by using the low-density salt 
    product rather than regular table salt. The company concluded that it 
    should be permitted to communicate the benefits of its low-density salt 
    product to consumers in a truthful manner, including making claims that 
    would be prohibited under regulations established in response to the 
    1990 amendments.
        On May 24, 1994, the petitioner amended its petition by submitting 
    supplemental materials consisting of detailed information regarding the 
    protocol, data tabulation, and results of the consumer study. The 
    supplemental materials also included an independent evaluation of the 
    results and conclusions of the consumer study.
        On February 2, 1994, FDA received a comment that requested that the 
    agency reject the petition and take no further action with regard to 
    salt and salt products. The comment stated that amending the reference 
    amount as requested by the petitioner would permit a comparative claim 
    that would be contrary to the letter and intent of the 1990 amendments, 
    which the comment claimed was to provide for comparison of two distinct 
    foods and not two versions of the same food. The comment also argued 
    that the proposed change would undermine the overall structure of FDA's 
    regulation of nutrient content claims by acting as an incentive for 
    manufacturers to extend their products with air or other nonnutritive 
    substances in order to make claims. Finally, the comment asserted that 
    the consumer study data submitted in the petition were incorrect and 
    insufficient. On April 14, 1994, FDA received a response by the 
    petitioner to the various arguments made in this comment.
        FDA has carefully considered the information in this petition, the 
    supplemental submission, and the comments. Based on its review, FDA 
    finds that the petitioner has made a prima-facie case that a volume-
    based reference amount of 1/4 tsp for salt is more appropriate than the 
    reference amount that FDA adopted in 1993 (Ref. 1). Therefore, in 
    accordance with 21 CFR 10.30(e)(2)(i), FDA is granting the petition and 
    proposing to change the reference amount for ``salt, salt substitutes, 
    seasoning salts (e.g., garlic salt)'' from 1 g to 1/4 tsp. A discussion 
    of the basis for the agency's action on the petition and for the 
    proposed change in the reference amount follows.
    
    III. Basis for the Proposed Action
    
    A. The Appropriateness of a Weight-Based Reference Amount
    
        As stated above, in the final rule on serving sizes, FDA adopted a 
    weight-based reference amount of 1 g for ``salt, salt substitutes, 
    seasoning salts (e.g., garlic salt)'' based on the agency's 
    determination to use weight-based reference amounts unless such amounts 
    were shown to be demonstrably inappropriate (58 FR 2229 at 2238) and on 
    the lack of data showing that a weight-based reference amount was 
    inappropriate for salt.
         In the final rule on serving sizes, however, FDA outlined the 
    circumstances in which a weight-based reference amount would not 
    adequately reflect the amount of food customarily consumed per eating 
    occasion (see comment 20 in 58 FR 2229 at 2238). The agency stated that 
    weight-based reference amounts are inappropriate when foods within a 
    product category vary considerably in density, that is, there is a 
    density difference of 25 percent or more among the products in the 
    category (see Sec. 101.12(e) (21 CFR 101.12(e))), and the customarily 
    consumed amounts for different products are more uniform when expressed 
    in volume than in weight. As an example, the agency explained that, 
    although the reference amount for the category ``Mixed Dishes: 
    Measurable with cup, * * *'' is 1 cup, the g weights of different types 
    of products within the category differ widely from about 160 g for 
    seafood with vegetables without sauce to about 250 g for seafood stew. 
    The use of a weight-based reference amount for this product category 
    would result in serving sizes too large for some
    
    [[Page 37618]]
    products and too small for others. However, FDA found, based on 
    consumption and usage data, that the volume amounts customarily 
    consumed are similar for all products within this category. Thus, the 
    agency concluded that a volume-based reference amount, rather than a 
    weight-based reference amount, was appropriate for this class of foods.
        Similarly, FDA changed the reference amount for peanut butter from 
    ``30 g'' in the proposal to a volume-based amount of ``2 tbsp'' in the 
    final rule in response to data demonstrating that there is a density 
    variation of greater than 25 percent among peanut butters (whipped 
    peanut butter is approximately 33 percent less dense than regular 
    peanut butter), and that common cookbook usage of peanut butter is 
    expressed by volume (e.g., tablespoon and cup) demonstrating that the 
    amount customarily consumed in recipes that include peanut butter is 
    measured by volume and not by weight (see comment 108 in the final rule 
    for serving sizes, 58 FR 2229 at 2263). FDA concluded that the volume-
    based amount more accurately reflected the amount customarily consumed 
    of the various types of peanut butter.
        The agency does not agree with the comment that it received on the 
    petition that a comparative claim between two versions of the same food 
    (i.e., salt and low-density salt) would be contrary to the letter and 
    intent of the 1990 amendments and would undermine FDA's regulation of 
    nutrient content claims by encouraging the use of nonnutritive 
    substances in order to make claims. In addition to providing for claims 
    that compare similar kinds of foods (e.g., potato chips can serve as a 
    reference food for potato chips) (see 21 CFR 101.13(j)), FDA provided 
    procedures in Sec. 101.12(e) to define reference amounts for aerated 
    products to permit comparison of equal volumes of the aerated and 
    nonaerated versions.
        One purpose of the 1990 amendments was to help consumers maintain 
    healthy dietary practices (see e.g., sections 403(q)(1) and 
    (r)(2)(A)(ii)(II) of the act). In comment 138, in the final rule for 
    serving sizes (58 FR 2229 at 2271), FDA specifically stated:
        In light of the current dietary guidelines for reducing fat and 
    calorie intakes * * *, FDA acknowledges that it is desirable to have 
    a wide selection of low fat and low calorie foods available to 
    consumers. Some consumers may benefit from having such aerated foods 
    if they consume an equivalent volume of aerated food as they would 
    have the regular food, e.g., two instead of three aerated waffles.
    Similarly, given the dietary guidelines recommending that people use 
    salt and sodium in moderation (Refs. 3 through 5), if consumers consume 
    equivalent volumes of low-density salt and regular salt, then it would 
    be beneficial for consumers to have a variety of products available 
    that are permitted to compare the sodium content of different types of 
    salt and salt substitute products.
        FDA has reviewed the materials in the petition and in the 
    supplemental submission and comments. Based on this review, the agency 
    concludes that the petitioner has made a prima-facie showing that a 
    weight-based reference amount is not appropriate for salt. First, the 
    density difference between low-density salt and conventional table salt 
    is reported in the petition to be 33 percent, which supports that the 
    densities of the foods in the salt products category vary considerably. 
    Second, the consumer research data included in the supplemental 
    submission provide evidence that similar volumes, rather than similar 
    weights, of low- and high-density salt products are customarily 
    consumed. For these reasons, FDA has tentatively determined that a 
    weight-based reference amount is not appropriate for salt products. 
    Therefore, FDA is proposing to make a change in the reference amount 
    for salt.
    
    B. Relief Requested of a Density-Adjusted Reference Amount
    
        The petition requested a density-adjusted reference amount for the 
    product category ``salt, salt substitutes, seasoning salts (e.g., 
    garlic salt).'' However, there are several difficulties with using a 
    density-adjusted reference amount for this product category.
        FDA discussed density-adjusted reference amounts in the context of 
    aerated products, specifically waffles, in comment 138 in the final 
    rule on serving sizes (58 FR 2229 at 2271). In response to requests for 
    a volumetric reference amount for waffles, the agency noted that the 
    wide variability in size and shape of discrete products like waffles 
    makes it difficult to establish a volume for the aerated version that 
    would be equivalent to the reference amount of the regular counterpart. 
    Consequently, FDA permitted manufacturers to use density-adjusted 
    reference amounts for aerated products in discrete units that vary 
    widely in size and shape. The manufacturer adjusts for the difference 
    in density of the aerated food relative to the regular product. For 
    example, if the density of the aerated food is 30 percent lower than 
    the density of the regular product, the density-adjusted reference 
    amount for the aerated food would be 30 percent less than the reference 
    amount of the regular counterpart.
        FDA tentatively finds that a density-adjusted reference amount 
    would not be appropriate for salt products for three reasons. First, 
    unlike waffles, which are sold and consumed in discrete units, salt 
    products are bulk products that are measured by volume. An aerated 
    reference amount (i.e., density adjusted) is not appropriate, because 
    there are no discrete units such that the regular and the aerated 
    versions are ``the same in size, shape, and volume'' (see 
    Sec. 101.12(e)(1)).
        Second, applying the rounding specifications for aerated reference 
    amounts leads to an absurdity for products with small reference amounts 
    like salt. Section 101.12(e) of FDA's regulations specifies that the 
    reference amount for an aerated food ``shall be rounded to the nearest 
    5-g increment.'' The current reference amount for salt is 1 g. Thus, if 
    a density-adjusted reference amount were calculated for a low-density 
    salt product, it would be 0.67 g. Rounding 0.67 g to the nearest 5-g 
    increment gives 0 g which is an illogical and nonsensical result.
        Finally, Sec. 101.12(e) requires that the product bear a 
    descriptive term indicating that air has been incorporated (e.g., 
    whipped, aerated). Describing the product as ``whipped salt'' or 
    ``aerated salt'' is apt to be confusing to consumers given that the 
    appearance and the consistency of the two salts are very similar. For 
    these reasons, the concept of a density-adjusted reference amount for 
    salt products is not appropriate.
    
    C. Consideration of a Volumetric Reference Amount
    
        The petition and supplemental submission support a volumetric 
    reference amount for salt and salt products. As noted in the petition, 
    in the proposed and final serving sizes regulations (56 FR 60394 and 58 
    FR 2229), FDA discussed its approach to products like salt that can 
    easily be measured volumetrically. As discussed above, the agency 
    considers volumetric reference amounts appropriate when three criteria 
    are met: (1) The product can easily be measured volumetrically, (2) the 
    densities vary widely, and (3) the amount customarily consumed is more 
    uniform when expressed as a volume rather than a weight.
        First, in order for a volumetric reference amount to be 
    appropriate, the product must be a bulk product that can be measured 
    volumetrically, such as peanut butter or fluids (final rule for serving 
    sizes, comment 20, 58 FR 2229 at 2238 and comment 108, at 2263). Salt
    
    [[Page 37619]]
    and salt products can be measured volumetrically.
        Second, there must be a significant difference in the densities 
    (i.e., 25 percent or more) of the different forms of the product such 
    that a range of densities are represented within the product category 
    (see discussions on aerated products in Sec. 101.12(e) and peanut 
    butter (58 FR 2229 at 2263)). FDA considers the 33-percent density 
    difference reported for low-density salt relative to conventional table 
    salt to be significant and to justify a finding that the densities of 
    different products within the category vary widely.
        Third, the amount customarily consumed must be more uniform when 
    expressed volumetrically than when expressed gravimetrically (56 FR 
    60394 at 60406 and 58 FR 2229 at 2238). There must be some indication 
    or likelihood that similar volumes, rather than similar weights, of 
    both low- and high-density products within the same product category 
    are customarily consumed. The evidence must show that the amount that 
    people consume is more consistent when expressed in volumetric terms 
    than when expressed in terms of weight.
        In the final serving sizes regulation (58 FR 2229 at 2260), FDA 
    rejected a request for a volume-based reference amount for salt 
    products, even though salt products are measured volumetrically. The 
    agency observed that ``[t]he comment did not submit any data to support 
    that regular salt and the low-density salt are consumed equally on a 
    volume basis.'' FDA noted that like sugar, salt is used as a flavoring 
    agent to attain a given level of saltiness. Thus, the agency stated, 
    the reference amount for a salt substitute, such as a low-density salt 
    product, should be the amount necessary to provide a salty taste 
    equivalent to one reference amount of salt.
        In reconsidering whether the amounts consumed of the various 
    products within the salt category are more similar when expressed in 
    terms of volume than in terms of weight, FDA looked at the quality of 
    the supporting evidence submitted, including the study design, the 
    results, and the conclusions. The agency evaluated the data provided in 
    the supplementary submission and determined: (1) That the consumer 
    research conducted on behalf of the petitioner is a reasonably well 
    controlled experiment that meets scientific standards for testing 
    household salt consumption differences due to two types of salt; and 
    (2) that the result supports, but does not prove, the hypothesis that 
    salt is used on a volumetric rather than on a weight basis (Ref. 2). 
    Thus, FDA has tentatively concluded that the data provide evidence that 
    similar volumes, rather than similar weights, of low- and high-density 
    products are customarily consumed.
        Section 101.12(e), which applies to discrete products like waffles, 
    requires that the aerated version bear a descriptive term indicating 
    that air has been incorporated (e.g., whipped, aerated). Some product 
    categories that have volumetric reference amounts contain products 
    whose common or usual names clearly indicate that air has been 
    incorporated into the product (e.g., whipped peanut butter, whipped 
    dessert topping). Some products in other product categories with 
    volumetric reference amounts do not bear such descriptive terms (e.g., 
    pudding, ice cream). Given these differences, FDA is requesting 
    comments on whether low-density salt products should be required to 
    clearly identify that they contain more air than conventional salt 
    products. It is the agency's opinion that terms such as ``whipped 
    salt'' or ``aerated salt'' are apt to be confusing to consumers. 
    Therefore, FDA is also requesting comments on what kind of descriptive 
    terms would be clear and nonmisleading for consumers.
    
    IV. Conclusion
    
        FDA has determined that volumetric reference amounts are 
    appropriate when: (1) Products are bulk products that can be measured 
    volumetrically; (2) there are significant differences in densities 
    among the products within a product category such that a range of 
    densities are represented within the particular product category; and 
    (3) the amount customarily consumed is more uniform when expressed 
    volumetrically, that is, there is some indication or likelihood that 
    similar volumes, rather than similar weights, of both low- and high-
    density products within the same product category are customarily 
    consumed.
        The petition and supplemental submission contain information that 
    evidences that similar volumes rather than similar weights of low- and 
    high-density salt products are customarily consumed. Because the 
    products within the category can be measured volumetrically, and the 
    density difference among products within the same product category 
    appear to be significant, FDA has concluded that the petitioner has 
    made a prima facie showing that it is appropriate for the reference 
    amount for salt and salt products to be expressed on a volumetric 
    rather than a gravimetric (i.e., weight) basis.
        FDA is proposing to change the reference amount for salt andsalt 
    products from 1 g to 1/4 tsp and to solicit public comment on the 
    proposed change. The agency selected 1/4 tsp because it is the 
    volumetric amount that most closely reflects the amount customarily 
    consumed. It is the smallest volumetric amount permitted in the 
    regulations (21 CFR 101.9(b)(5)(i)). In addition, the 1/4 tsp reference 
    amount will permit comparison with herbs and spices which also have a 
    reference amount of 1/4 tsp.
    
    V. Comments
    
        Interested persons may, on or before October 4, 1995, 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.
    
    VI. Environmental Impact-
    
        The agency has determined under 21 CFR 25.24(a)(11) that this 
    action is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    VII. Analysis of Impacts
    
        FDA has examined the impacts of the proposed rule under Executive 
    Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
    Executive Order 12866 directs agencies to assess all costs and benefits 
    of available regulatory alternatives and, when regulation is necessary, 
    to select regulatory approaches that maximize net benefits (including 
    potential economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the proposed 
    rule is not a significant regulatory action as defined by the Executive 
    Order and so is not subject to review under the Executive Order.
        The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact of a rule 
    on small entities. Because there is no cost to industry, the agency 
    certifies that the proposed rule will not have a significant
    
    [[Page 37620]]
    economic impact on a substantial number of small entities. Therefore, 
    under the Regulatory Flexibility Act, no further analysis is required.
    
    VIII. References-
    
        The following references have been placed on display in the Dockets 
    Management Branch (address above) and may be seen by interested persons 
    between 9 a.m. and 4 p.m., Monday through Friday.
        (1) Letter from Dykstra, Gary, to Wayne H. Matelski, dated July 
    11, 1995.
        (2) Brenda Derby, Consumer Studies Branch, Division of Market 
    Studies, memo to file, June 20, 1994.
        (3) U.S. Department of Agriculture and Department of Health and 
    Human Services (DHHS), ``Nutrition and Your Health: Dietary 
    Guidelines for Americans,'' 3d ed., U.S. Government Printing Office, 
    Washington, DC, 1990.
        (4) DHHS, ``The Surgeon General's Report on Nutrition and 
    Health,'' U.S. Government Printing Office, Washington, DC, 1988.
        (5) National Research Council, ``Diet and Health. Implications 
    for Reducing Chronic Disease Risk,'' National Academy Press, 
    Washington, DC, 1989.
    
    List of Subjects in 21 CFR Part 101
    
        Food labeling, Nutrition, Reporting and recordkeeping requirements.
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, it is 
    proposed that 21 CFR part 101 be amended as follows:
    
    PART 101--FOOD LABELING
    
        1. The authority citation for 21 CFR part 101 continues to read as 
    follows:
    
        Authority: Secs. 4, 5, 6 of the Fair Packaging and Labeling Act 
    (15 U.S.C. 1453, 1454, 1455); secs. 201, 301, 402, 403, 409, 701 of 
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 342, 
    343, 348, 371).
    
        2. Section 101.12 is amended in paragraph (b), Table 2, under the 
    ``Miscellaneous category'' by revising the entry for ``Salt, salt 
    substitutes, seasoning salts (e.g., garlic salt)'' under the headings 
    ``Reference amount'' and ``Label statement'' to read as follows:
    
    
    Sec. 101.12   Reference amounts customarily consumed per eating 
    occasion.
    
    * * * * *
        (b) * * *
    
           Table 2.--Reference Amounts Customarily Consumed Per Eating Occasion: General Food Supply1, 2, 3, 4      
    ----------------------------------------------------------------------------------------------------------------
            Product category                               Reference amount                        Label statement5 
    ----------------------------------------------------------------------------------------------------------------
      *                    *                    *                    *                    *                    *    
                                                                 *                                                  
    Miscellaneous category:                                                                                         
      *                    *                    *                    *                    *                    *    
                                                                 *                                                  
    Salt, salt substitutes,                                                            1/4 tsp   1/4 tsp (------g); 
     seasoning salts (e.g., garlic                                                                ------ piece(s) (--
     salt).                                                                                       ----g) for        
                                                                                                  discrete pieces   
                                                                                                  (e.g.,            
                                                                                                  individually      
                                                                                                  packaged products)
      *                    *                    *                    *                    *                    *    
                                                                 *                                                  
    ----------------------------------------------------------------------------------------------------------------
    \1\ These values represent the amount (edible portion) of food customarily consumed per eating occasion and were
      primarily derived from the 1977-1978 and the 1987-1988 Nationwide Food Consumption Surveys conducted by the   
      U.S. Department of Agriculture.                                                                               
    \2\ Unless otherwise noted in the Reference Amount column, the reference amounts are for the ready-to-serve or  
      almost ready-to-serve form of the product (i.e., heat and serve, brown and serve). If not listed separately,  
      the reference amount for the unprepared form (e.g., dry mixes; concentrates; dough; batter; dry, fresh, and   
      frozen pasta) is the amount required to make the reference amount of the prepared form. Prepared means        
      prepared for consumption (e.g., cooked).                                                                      
    \3\ Manufacturers are required to convert the reference amount to the label serving size in a household measure 
      most appropriate to their specific product using the procedures in 21 CFR 101.9(b).                           
    \4\ Copies of the list of products for each product category are available from the Office of Food Labeling (HFS-
      150), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 200 C St. SW., Washington,  
      DC 20204.                                                                                                     
    \5\ The label statements are meant to provide guidance to manufacturers on the presentation of serving size     
      information on the label, but they are not required. The term ``piece'' is used as a generic description of a 
      discrete unit. Manufacturers should use the description of a unit that is most appropriate for the specific   
      product (e.g., sandwich for sandwiches, cookie for cookies, and bar for ice cream bars). The guidance provided
      is for the label statement of products in ready-to-serve or almost ready-to-serve form. The guidance does not 
      apply to the products which require further preparation for consumption (e.g., dry mixes, concentrates) unless
      specifically stated in the product category, reference amount, or label statement column that it is for these 
      forms of the product. For products that require further preparation, manufacturers must determine the label   
      statement following the rules in Sec.  101.9(b) using the reference amount determined according to Sec.       
      101.12(c).                                                                                                    
    
    * * * * *
    
        Dated: June 26, 1995.
    William B. Schultz,
    Deputy Commissioner for Policy.
    [FR Doc. 95-17919 Filed 7-20-95; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Published:
07/21/1995
Department:
Health and Human Services Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-17919
Dates:
Written comments by October 4, 1995.
Pages:
37616-37620 (5 pages)
Docket Numbers:
Docket No. 93P-0448
PDF File:
95-17919.pdf
CFR: (2)
21 CFR 101.12(e)(1))
21 CFR 101.12