[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34459-34460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16207]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 102
[Docket No. 92P-0476]
Crabmeat; Amendment of Common or Usual Name Regulation
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the common
or usual name regulation for crabmeat by adding ``Brown King crabmeat''
as the common or usual name for the species Lithodes aequispina. This
amendment is in response to a citizen petition submitted by the Alaska
Seafood Marketing Institute (ASMI).
Effective Date: August 2, 1995.
FOR FURTHER INFORMATION CONTACT: Spring C. Randolph, Office of Seafood
(HFS-416), Food and Drug Administration, 200 C St. SW., Washington, DC
20204, 202-418-3160.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of July 15, 1994 (59 FR 36103), FDA
proposed to amend the common or usual name provisions for crabmeat,
(Sec. 102.50 (21 CFR 102.50)), to provide that the common or usual name
of crabmeat derived from the species L. aequispina is ``Brown King
crabmeat.'' The proposal was issued in response to a citizen petition
submitted by ASMI. Previous to this rulemaking, Sec. 102.50 provided
that only the crabmeat from three species of the genus Paralithodes may
be labeled as ``King crabmeat.'' Interested persons were given until
September 13, 1994, to submit comments.
II. Comments
FDA received one comment in response to the proposed amendment.
That comment, submitted by a trade association supported the proposal
and stated that establishing ``Brown King crabmeat'' as the common or
usual name for the crabmeat will benefit
[[Page 34460]]
consumers by providing a consistent statement of identity for L.
aequispina.
III. Conclusion
For reasons stated in the proposal and in the absence of comments
objecting to the proposed amendment, FDA concludes that it is
appropriate to revise Sec. 102.50 by adding ``Brown King crabmeat'' as
the common or usual name for the meat of L. aequispina. FDA notes that
under section 403(b) and (i)(1) of the Federal Food, Drug, and Cosmetic
Act (the act) (21 U.S.C. 343(b) and (i)(1)) and Sec. 101.3 (b) (1) (21
CFR 101.3 (b)(1)), a food with a common or usual name established by
regulation is misbranded if it is not identified by that name.
FDA is also making a minor revision in Sec. 102.50, that is
separate from this rulemaking. After publication of the proposal, the
agency became aware that a change had been made in the accepted
scientific designation for the species listed therein as Paralithodes
camtschatica, and that it had not revised the regulation to reflect
this change. Therefore, to maintain consistency with currently accepted
scientific nomenclature, FDA is changing the spelling of the name of
this species in Sec. 102.50, to read Paralithodes camtschaticus (see
American Fisheries Society Special Publication 17, ``Common and
Scientific Names of Aquatic Invertebrates from the United States and
Canada: Decapod Crustaceans'').
IV. Environmental Impact
The agency has previously considered the environmental effects of
this rule as announced in the proposed rule of July 15, 1994 (59 FR
36103). No new information or comments have been received that would
affect the agency's previous determination that there is no significant
impact on the human environment and that an environmental impact
statement is not required.
V. Analysis of Impacts
FDA has examined the impacts of the final 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 final rule is consistent with the regulatory philosophy and
principles identified in the Executive Order. In addition, the final
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 FDA did not receive any comments or new
information on this issue, the agency certifies that the final rule
will not have a significant economic impact on a substantial number of
small entities. Therefore, under the Regulatory Flexibility Act, no
further analysis is required.
List of subjects in 21 CFR Part 102
Beverages, Food grades and standards, Food labeling, Frozen foods,
Oils and fats, Onions, Potatoes, Seafood.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
102 is amended as follows:
PART 102--COMMON OR USUAL NAME FOR NONSTANDARDIZED FOODS
1. The authority citation for 21 CFR part 102 continues to read as
follows:
Authority: Secs. 201, 403, 701 of the Federal Food, Drug,
andCosmetic Act (21 U.S.C 321, 343, 371).
2. Section 102.50 is amended by revising the table to read as
follows:
Sec. 102.50 Crabmeat.
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Scientific name of crab Common or usual name of crabmeat
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Chionoecetes opilio, Snow crabmeat.
Chionoecetes tanneri,
Chionoecetes bairdii, and
Chionoecetes angulatus,
Erimacrus isenbeckii Korean variety crabmeat or Kegani
crabmeat.
Lithodes aequispina Brown King crabmeat.
Paralithodes brevipes King crabmeat or Hanasaki crabmeat.
Paralithodes camtschaticus King crabmeat. and Paralithodes
Platypus.
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Dated: June 26, 1995.
William B. Schultz,
Deputy Commissioner for Policy.
[FR Doc. 95-16207 Filed 6-30-95; 8:45 am]
BILLING CODE 4160-01-F
