[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49824-49826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23911]
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DEPARTMENT OF AGRICULTURE
Food and Consumer Service
Public Notification That Several Products Are Now Excluded From
the ``Soda Water'' and ``Certain Candies'' Category of ``Foods of
Minimal Nutritional Value''
AGENCY: Food and Consumer Service, USDA.
ACTION: Notice.
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SUMMARY: This notice serves to inform the public that Canadian Pure
Beverage Distributing, Inc., Knudsen and Sons,
[[Page 49825]]
Inc. and Farley's Foods U.S.A. have petitioned the Food and Consumer
Service (FCS) to exempt products from the ``Categories of Foods of
Minimal Nutritional Value'' under the National School Lunch Program and
the School Breakfast Program. Based upon data furnished by the
manufacturers, FCS has determined that these products should not be
classified as foods of minimal nutritional value. The petitioners have
been notified of this determination in writing and that FCS does not
prohibit the sale of the products in school food service areas during
breakfast or lunch period.
DATES: The effective dates of this Notice are October 20, 1993 for
Canadian Pure Beverage Distributing, Inc., June 27, 1994 for Knudsen
and Sons, Inc., and March 31, 1995 for Farley's Foods U.S.A. This
corresponds with the dates the companies were notified of approval.
FOR FURTHER INFORMATION CONTACT: Ms. Cynthia H. Ford, Chief, Technical
Assistance Branch, Nutrition and Technical Services Division, Food and
Consumer Service, 3101 Park Center Drive, Room 607, Alexandria,
Virginia, 22302, or by telephone at (703) 305-2556.
SUPPLEMENTARY INFORMATION: The National School Lunch Program and the
School Breakfast Program are listed in the Catalog of Federal Domestic
Assistance under No. 10.555 and under No. 10.553, respectively, and are
thereby subject to the provisions of Executive Order 12372, which
requires intergovernmental consultation with State and local officials
(7 CFR part 3015, subpart V, and the final rule-related Notice
published June 24, 1983 (48 FR 29114)).
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 that
Act.
This Notice imposes no new reporting or recordkeeping provisions
that are subject to Office of Management and Budget review in
accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
Background
On January 29, 1980, the Department published final regulations (45
FR 6758 at 6772), commonly known as the competitive foods rule, which
identified categories of foods of minimal nutritional value. These
foods were identified as soda water, water ices, chewing gum and
certain candies (hard candies, jellies and gums, marshmallow candies,
fondants, licorice, spun candy, and candy coated popcorn). The sale of
such foods is prohibited in food service areas during breakfast and
lunch periods by the regulations governing the School Breakfast
Program, 7 CFR 220.12(a), and the National School Lunch Program, 7 CFR
210.11(b).
As defined in 7 CFR 210.11(a)(2) and 220.2(i-1), foods of minimal
nutritional value provide less than five percent of the Reference Daily
Intake (RDI) for each of eight specified nutrients per 100 calories and
less than five percent of the RDI for each of the eight specified
nutrients per serving. In the case of artificially sweetened foods,
only the ``per serving'' measure applies. The eight specified nutrients
are: protein, vitamin A, vitamin C, niacin, riboflavin, thiamine,
calcium, and iron. The competitive foods rule has been amended many
times but it still retains its original intention of keeping foods of
minimal nutritional value from competing with foods served in school
lunch and breakfast program service areas. Under 7 CFR 220.12(a) and
210.11(b) school food authorities have the right to restrict and even
forbid the sale of foods that would otherwise be permitted under the
competitive foods rule. If competitive foods are allowed to be sold in
food service areas during breakfast and lunch periods, all income from
such sales must accrue to the benefit of the nonprofit school food
service or the school or student organization approved by the school.
The competitive foods rule contains provisions for amending
Appendix B--Categories of Foods of Minimal Nutritional Value, of Part
210, National School Lunch Program, and Part 220, School Breakfast
Program, to exempt an individual food from a category of foods of
minimal nutritional value as listed in Appendix B or to add a
particular category of food to Appendix B as a category of foods of
minimal nutritional value. These provisions are found in section
210.11(a)(2) and in Part 210, Appendix B, (for the National School
Lunch Program) and in section 220.12(b) (for the School Breakfast
Program). The public may petition FCS to request that an exception from
or an addition to the food categories listed in Appendix B be made. A
schedule for petitioners regarding submission deadlines is furnished in
Part 210, Appendix B(b)(3), and Part 220, Appendix B. The petition must
include a statement of the percent of the RDI for the eight nutrients
listed in sections 210.11(a)(2) and 220.2(i-1) that the food provides
per serving and per 100 calories and the petitioner's source of this
information. FCS determines whether or not the individual food is a
food of minimal nutritional value and informs the petitioner in writing
of such determination, and the public by notice in the Federal
Register. In determining whether a food is a food of minimal
nutritional value, discrete nutrients added to the food are not taken
into account.
The Department received petitions from Canadian Pure Beverage
Distributing, Inc., dated July 15, 1993, Knudsen and Sons, Inc., dated
May 29, 1994, and Farley's Foods U.S.A., dated March 21, 1995, with all
necessary petition components. Both per serving and per 100 calorie
nutrient analysis data show that one of the eight nutrients (Vitamin C)
is greater than 5% of the RDI in each of the products. Therefore, the
following products are exempt from the identified category of ``Foods
of Minimal Nutritional Value'' (7 CFR Part 210, Appendix B(a) and Part
220, Appendix B): ``Sparkling Spring Water Beverage with natural
strawberry flavour,'' ``Sparkling Spring Water Beverage with natural
black cherry flavour,'' ``Sparkling Spring Water Beverage with natural
raspberry flavour,'' and ``Sparkling Spring Water Beverage with natural
peach and orange flavour'' produced by Canadian Pure Beverage
Distributing, Inc. Likewise, the FJ FIZZ brand ``Black Cherry,''
``Strawberry,'' ``Orange,'' ``Cherry Cola,'' ``Grape,'' and ``Red
Raspberry'' produced by Knudsen & Sons, Inc. are exempt from the ``soda
water'' category. ``The Roll (SLP)'' and ``Fruit Funnies (SLP)''
produced by Farley's Foods U.S.A. are exempt from the ``jellies and
gums'' section of the ``certain candies'' category.
Program regulations do not prohibit the sale of these products in a
school food service area during breakfast or lunch period.
In compliance with petitioning schedules, the companies were
notified in writing of this decision and this Notice documents public
announcement.
Although required by the regulations to publish this notice, the
Department emphasizes that such notification is not to be construed as
either approval or endorsement of any food product or manufacturer
identified in this notice. Nor is it certification that such food
product has a significant nutritional value. Nor in any way is it
guidance or encouragement to State Agencies and School Food Authorities
concerning their possible purchase of any class or type of food product
identified in this notice.
[[Page 49826]]
Dated: September 14, 1995.
William E. Ludwig,
Administrator, Food and Consumer Service.
[FR Doc. 95-23911 Filed 9-26-95; 8:45 am]
BILLING CODE 3410-30-U
