[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Proposed Rules]
[Page 18560-18565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap03-15]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. 00-046P]
Nutrition Labeling: Nutrient Content Claims on Multi-Serve, Meal-
Type Meat and Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend its nutrition labeling regulations to change the definition of
``meal-type'' products to allow for nutrient content claims on
multiple-serve food containers, to adopt the definition of ``main
dish'' used by the Food and Drug Administration (FDA), and to define
how meal-type products and main dishes should be nutritionally labeled.
The change in the definition of meal-type products would allow nutrient
content claims to be based on 100 grams of product rather than on the
serving size, which is based on the Reference Amounts Customarily
Consumed (RACC) for the food components. These actions are being
proposed in response to a petition filed by ConAgra, Inc. (the
petitioner). The proposed changes will help to ensure that FSIS'
nutrition labeling regulations are parallel, to the maximum extent
possible, to the nutrition labeling regulations of FDA, which were
promulgated under the Nutrition Labeling and Education Act (NLEA) of
1990.
DATES: Interested persons are requested to submit written comments by
June 16, 2003.
ADDRESSES: Submit an original and two copies of comments to the FSIS
Docket Clerk, Room 102, Cotton Annex Building, 300 12th Street, SW.,
Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director,
Labeling and Consumer Protection Staff, Office of Policy, Program and
Employee Development, FSIS, at (202) 205-0279 or by fax at (202) 205-
3625.
SUPPLEMENTARY INFORMATION:
Background
The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) authorize the
Secretary of Agriculture to establish and maintain inspection programs
designed to ensure that meat and poultry products distributed in
commerce are wholesome, not adulterated, and properly marked, labeled,
and packaged. FSIS regulates the labeling of meat and poultry products,
and FDA has responsibility for the labeling of all other foods.
In January of 1993, FSIS and FDA published their final rules on
nutrition labeling. Both agencies amended their respective regulations
to (1) require either mandatory or voluntary nutrition labeling on most
of the food products they regulate; (2) revise the list of required
nutrients and food components; (3) specify a new format for declaring
the nutrients and food components in nutrition labeling; (4) permit
specific products to be exempt from nutrition labeling; (5) establish
RACC specific for food categories; and (6) prescribe a simplified form
of nutrition labeling and the conditions under which such labeling may
be used.
If people are to use the nutrition information to construct healthy
diets that include products from across the food supply, the two
agencies recognized that the regulations need to be as consistent as
possible. There was overwhelming support in response to the proposal on
claims for FSIS to proceed with the adoption of FDA-defined nutrient
content claims, including adopting a constant value of 100 grams for
comparison of nutrient content claims on meal-type products. As a
result, both agencies issued regulations establishing, as nearly
uniform as possible, definitions for nutrient content claims to allow
consumers to make valid comparisons among food product categories.
In addition, the agencies participated in the Interagency Committee
on Serving Sizes to jointly establish the RACC for food and the
criteria for converting RACC to serving sizes in common household
measures. The final FSIS rule, among other things, established RACC for
23 meat (9 CFR 317.12(b)) and 22 poultry product categories (9 CFR
381.412(b)). These amounts were calculated to reflect the amount of
food, including snacks, dinners, and condiments, that persons four
years of age and older customarily consume. These calculations were
based on consumption survey data and on data used by food manufacturers
and grocers. RACC are designed to be used by food companies as the
basis for determining the serving sizes for nutrition labeling of their
products.
Nutrient content claims for both FDA and FSIS are composed of two
defined parts: The amount (weight) of the nutrient and the amount
(generally a serving) of food in which the nutrient is found. If the
food is considered to be an individual food, the amount of food (a
serving) is represented as the RACC for the food category. If the food
is a meal-type product, the amount of food is measured by weight, i.e.,
100 grams. If a ``low-fat'' or ``healthy'' claim is used, the amount of
fat is limited to a maximum of 3 grams per RACC for individual foods
and 3 grams per 100 grams of product for single-serve meal-type
products.
However, FSIS and FDA have established different criteria for what
constitutes a meal. FSIS defined a ``meal-type'' product (9 CFR
317.313(l) and 381.413(l)) as a product for consumption by one person
on one eating occasion that constitutes the major portion of a meal.
For purposes of making a nutrition claim, a meal-type product must (1)
make a significant contribution to the diet by weighing at least 6
ounces, but no more than 12 ounces per serving (container); (2) contain
ingredients from two or more food groups, depending on the weight of
the product; and (3) represent, or be in a form commonly understood to
be, a meal (breakfast, dinner, etc). In addition, the serving size for
meal-type products is defined as the entire content (edible portion
only) of the package
FDA defined a ``meal-type'' product (21 CFR 101.13(l)) for the
purpose of making a claim as a product that makes a major contribution
to the total diet by (1) weighing at least 10 ounces per labeled
serving; (2) containing not less than three 40-gram portions of food or
combinations of foods from two or more of the four food groups; and (3)
representing, or being in a form commonly understood to be, a meal
(breakfast, dinner, etc). FDA's regulations do not restrict the use of
the meal-type product claims to single-serve containers.
FDA also defined a ``main-dish'' product (21 CFR 101.13(m)) for the
purpose of making a claim as a food that makes a major contribution to
the meal by (1) weighing at least 6 ounces per labeled serving; (2)
containing not less than 40 grams of food, or combinations of foods
from at least two of four food groups; and (3) representing, or being
in the form commonly understood to be, a main dish (i.e., not a
beverage or dessert). FSIS regulations do not define a ``main-dish''
product.
FSIS' and FDA's rationale for allowing different criteria to serve
as the basis for evaluating nutrient content claims on meal-type
products versus other types of foods is that meal-type products have
potentially large variations in amounts customarily consumed, and the
average serving size would not be an appropriate basis for comparison
of nutrients. Rather, a constant value of 100 grams was determined to
be an appropriate basis. It was further reasoned that restricting this
category to a single-serving criterion and requiring that products
within the category be represented as a meal would adequately
distinguish these products from other similarly formulated products.
ConAgra's Petition
In September 1998, ConAgra petitioned FSIS to amend the definition of
``meal-type'' products in its regulations to allow nutrient content
claims on multi-serve food containers based on the same criteria as for
meals that are sold in single-serving containers. Specifically, the
petitioner sought an amendment of the definition of ``meat'' (9 CFR
317.313(l)) to include product in multiple-serving containers in the
general principles (9 CFR 317.313) and the ``healthy'' regulations (9
CFR 317.363). FSIS' initial response was that the few changes requested
by the petitioner would not be sufficient to address all of the issues
and amend the regulations so that manufacturers can make consistent
nutrition content claims on multi-serve containers. FSIS requested that
the petitioner provide additional data to justify the changes it is
seeking and clearly state the need for consistent definitions for main
dish and meal-type products that do not compromise the established RACC
for food products and that are consistent with the intent of the NLEA.
After several follow-up discussions with FSIS, ConAgra provided the
Agency with marketing and consumption data that FSIS termed
insufficient to justify granting the change in the regulations. FSIS
said that it was concerned that to allow such claims could confuse and
mislead consumers, create market inequities between sellers of
individual food products and sellers of meal-type products, and
discourage the development of products eligible for such claims. The
Agency said that the data submitted by the petitioner did not alleviate
those concerns.
In 2001, FSIS concluded that more conclusive data submitted by the
petitioner indicated that there was a market for multi-serve meals that
did not exist in 1993 when the nutrition labeling regulations were
issued. Because of the increasing popularity of multi-serve meals and
evidence that a significant number of consumers were purchasing such
meals, FSIS said it was prepared to consider changing the regulatory
definition of ``meal-type'' products and allowing nutrient content
claims based on a 100 gram criterion as long as there are no
established RACC for the food product category in question. It also
said that consistency in nutrient content claims and RACC criteria for
all meat and poultry products must be maintained in accordance with the
regulations. The Agency noted that if Federal regulations regarding the
basis for which nutrient content claims are made are modified for
consistency, FSIS and FDA need identical definitions for what
constitutes a meal and a main-dish product. FSIS granted the petition
in November 2001. The petition and the supporting documentation are
available in the FSIS Docket Room (see ADDRESSES) and on the FSIS Web
site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov.
Costs and Benefits Associated With the Proposal
No significant cost impact is seen as a result of this proposed
rule. All costs would be borne by industry, which petitioned for the
change. The only labels that would be affected would be those of multi-
serve, meal-type products above 6 ounces that would be able to bear
nutrient content claims. The Agency believes that no more than 300
products currently on the market will be affected by the change. Lean
and extra-lean products that have the same definition for meal-type
products as main-dish products would not be affected. Therefore, the
expected additional labeling costs would be nominal for the industry.
A more consistent format across similar food products would be of
benefit to consumers, who would be able to make more informed choices
in their food purchases. There is evidence that consumers are
experiencing some confusion about how some food products are labeled.
The Proposed Rule
The proposed rule would provide consumers of meat and poultry
products with additional consistency in nutrition labeling with FDA's
requirements by amending Sec. 317.309 and the parallel poultry
regulations at Sec. 381.409 to provide for the nutrition labeling of
multi-serve meal-type products and of main-dish products. The proposal
also would amend Sec. 317.313(l) and Sec. 317.313(m) and the parallel
poultry regulations at Sec. 381.413(l) and Sec. 381.413(m) by
revising the definitions of a ``meal-type'' product and a ``main-dish''
product for the purpose of making a claim on the packaging of the food
products. In addition, the proposal would amend the individual nutrient
content claim regulations for both meat and poultry products.
FSIS' paramount objectives in considering modification to its
nutrition labeling regulations were that such changes not undermine the
basic principles or intent of the misbranding provisions of the Federal
Meat Inspection Act and the Poultry Products Inspection Act, and that
such modifications result in labels that would not mislead consumers or
create unfair marketing advantages for any segment of the food
industry. The Agency also was concerned about extending the use of the
100-gram criterion for nutrient content claims to include products not
in single-serve containers. Although useful, the 100-gram criterion
does not provide nutrient information to consumers that is as
definitive as the amount of nutrient per RACC.
However, in the interests of maintaining consistency between FSIS
and FDA and of providing incentives to industry to develop meals and
main dishes in multi-serve containers that are able to bear nutrient
content claims, FSIS is proposing changes in its nutrition labeling
regulations. The Agency believes that consumers will benefit from the
information on the containers of products that were formulated to
qualify to bear such claims.
Executive Order 12866 and the Regulatory Flexibility Act
This proposed rule has been determined to be not economically
significant for the purposes of Executive Order 12866 and, therefore,
has not been reviewed by the Office of Management and Budget. FSIS is
responding to an industry petition for a labeling change affecting
approximately 300 food products.
Executive Order 12778
This proposal has been reviewed under Executive Order 12778, Civil
Justice Reform. When this rule becomes final:
(1) All State and local laws and regulations that are inconsistent
with this rule will be preempted: (2) no retroactive effect will be
given to this rule: and (3) administrative proceedings will not be
required before parties may file suit in court challenging this rule.
Effect on Small Entities
The Administrator, FSIS, has made a determination that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. This proposal would change the
definition of ``meal-type'' products to allow for nutrient content
claims on multi-serve food containers and adopt FDA's definition of
``main-dish'' products. In addition, small entities are exempt from
nutrition labeling regulations if their products do not make nutrition
claims or bear nutrition information.
Additional Public Notification
Public involvement in all segments of rulemaking and policy
development is important. Consequently, in an effort to better ensure
that minorities, women, and persons with disabilities are aware of this
proposed rule and are informed
[[Page 18563]]
about the mechanism for providing their comments, FSIS will announce it
and make copies of this Federal Register publication through the FSIS
Constituent Update, which is communicated via Listserv, a free e-mail
subscription service. In addition, the update is available on-line
through the FSIS Web page located at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www/fsis.uisda.gov. The
update is used to provide information regarding FSIS policies,
procedures, regulations, Federal Register, FSIS public meetings,
recalls, and any other types of information that could affect or would
be of interest to our constituents and stakeholders. The constituent
Listserv consists of industry, trade, and farm groups, consumer
interest groups, allied health professionals, scientific professionals,
and other persons who have requested to be included. Through the
Listserv and Web page, FSIS is able to provide information to a much
broader, more diverse audience.
For more information, contact the Congressional and Public Affairs
Office, at (202) 720-9113. To be added to the free e-mail subscription
service (Listserv), go to the ``Constituent Update'' page on the FSIS
Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov/oa/update.htm. Click on the
``Subscribe to the Constituent Update Listserv'' link, then fill out
and submit the form.
Paperwork Requirements
This proposed rule has been reviewed under the Paperwork Reduction
Act and imposes no new paperwork or recordkeeping requirements.
List of Subjects
9 CFR Part 317
Food labeling, Food packaging, Meat inspection, Nutrition.
9 CFR Part 381
Food labeling, Food packaging, Nutrition, Poultry and poultry
products.
Proposed Rule
For the reasons discussed in the preamble, FSIS is proposing to
amend 9 CFR, Parts 317 and 381, as follows:
PART 317--LABELING, MARKING DEVICES AND CONTAINERS
1. The authority citation for 9 CFR part 317 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
2. Section 317.309 would be amended by revising paragraph (b)(12)
to read as follows:
Sec. 317.309 Nutrition label content.
* * * * *
(b) * * *
(12) The serving size for meal-type products and main-dish products
as defined in Sec. 317.313(l) and Sec. 317.313(m) in single-serving
containers will be the entire edible content of the package. Serving
size for meal-type products and main-dish products in multi-serve
containers will be based on the reference amount applicable to the
product in Sec. 317.312(b) if the product is listed in Sec.
317.312(b). Serving size for meal-type products and main-dish products
in multi-serve containers that are not listed in Sec. 317.312(b) will
be based on the reference amount according to Sec. 317.312(c), (d),
and (e).
* * * * *
3. Section 317.313 would be amended by revising paragraph (l) and
by adding paragraph (m) to read as follows:
Sec. 317.313 Nutrient content claims; general principles
* * * * *
(l) For purposes of making a claim, a ``meal-type'' product will be
defined as a product that:
(1) Makes a major contribution to the diet by
(i) Weighing at least 10 ounces per labeled serving, and
(ii) Containing not less than three 40 gram portions of food, or
combinations of foods, from two or more of the following four food
groups, except as noted in paragraph (l)(1)(ii)(E) of this section:
(A) Bread, cereal, rice, and pasta;
(B) Fruits and vegetables;
(C) Milk, yogurt, and cheese;
(D) Meat, poultry, fish, dry beans, eggs, nuts; except that:
(E) These foods will not be sauces (except for foods in the four
food groups in paragraphs (l)(1)(ii)(A) through (D) of this section,
that are in the sauces), gravies, condiments, relishes, pickles,
olives, jams, jellies, syrups, breadings, or garnishes; and
(2) Is represented as, or is in the form commonly understood to be,
a breakfast, lunch, dinner, meal, or entree. Such representations may
be made either by statements, photographs, or vignettes.
* * * * *
Sec. 317.354 [Amended]
4. Section 317.354 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 317.313(m),'' after the phrase ``meal-type products as defined in
Sec. 317.313(l),'' whenever it occurs in the introductory text of
paragraphs (b)(1), (c)(1), and (e)(1).
b. By adding the phrase ``and main-dish product as defined in Sec.
317.313(m)'' after the phrase ``meal-type product as defined in Sec.
317.313(l),'' whenever it occurs in the introductory text of paragraphs
(b)(2) and (c)(2).
c. By adding the phrase ``or a main-dish product'' after the phrase
``meal-type product'' in paragraphs (d)(1) and (e)(2)(ii)(B).
Sec. 317.356 [Amended]
5. Section 317.356 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 317.313(m)'' after the phrase ``meal-type products as defined in
Sec. 317.313(l),'' whenever it occurs in paragraphs (b) introductory
text and paragraph (c)(3).
b. By adding the phrase ``and main-dish product as defined in Sec.
317.313(m)'' after the phrase ``meal-type product as defined in Sec.
317.313(l),'' whenever it occurs in paragraphs (d)(1) introductory text
and paragraph (d)(2)(i).
Sec. 317.360 [Amended]
6. Section 317.360 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 317.313(m)'' after the phrase ``meal-type products as defined in
Sec. 317.313(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), (b)(4), and (c)(4).
b. By adding the phrase ``and main-dish product as defined in Sec.
317.313(m)'' after the phrase ``meal-type product as defined in Sec.
317.313(l),'' whenever it occurs in the introductory text of paragraphs
(b)(3), (b)(5), and (c)(5).
c. By adding the phrase ``or a main-dish product'' after the phrase
``a meal-type product'' in paragraph (c)(1)(i).
Sec. 317.361 [Amended]
7. Section 317.361 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 317.313(m),'' after the phrase ``meal-type products as defined in
Sec. 317.313(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), (b)(4), and (b)(6).
b. By adding the phrase ``and main-dish product as defined in Sec.
317.313(m)'' after the phrase ``meal-type product as defined in Sec.
317.313(l),'' whenever it occurs in the introductory text of paragraphs
(b)(3), (b)(5), and (b)(7).
c. By adding the phrase ``or a main-dish product'' after the phrase
``a meal-type product'' in paragraph (b)(1)(i).
[[Page 18564]]
Sec. 317.362 [Amended]
8. Section 317.362 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 317.313(m)'' after the phrase ``meal-type products as defined in
Sec. 317.313(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), (b)(4), (c)(2), (d)(2), (d)(4), and paragraph (e)(1)
and (e)(2).
b. By adding the phrase ``and main-dish product as defined in Sec.
317.313(m)'' after the phrase ``meal-type product as defined in Sec.
317.313(l),'' whenever it occurs in the introductory text of paragraph
(b)(3), (b)(5), (c)(3), (c)(5), and (d)(5).
c. By adding the phrase ``or a main-dish product'' after the phrase
``a meal-type product,'' in paragraphs (b)(1)(i) and (c)(1)(i).
Sec. 317.363 [Amended]
9. Section 317.363 would be amended as follows:
a. By adding the phrase ``main-dish product, as defined in Sec.
317.313(m) and a,'' before the phrase ``meal-type product, as defined
in Sec. 317.313(l)'' in the introductory text of paragraphs (b)(2)(i)
and (b)(3)(i).
b. By adding the phrase ``main dish and'' before the phrase ``meal-
type products'' in the introductory text of paragraphs (b)(2)(i) and
(b)(3)(i).
c. By adding the phrase ``main-dish product, as defined in Sec.
317.313(m),'' in place of the phrase ``meal-type product as defined in
Sec. 317.313(l)'' in paragraph (b)(4)(i) and by adding the phrase
``main-dish products'' in place of the phrase ``meal-type products'' in
paragraph (b)(4)(i).
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
10. The authority citation for Part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.
11. Section 381.409 would be amended by revising paragraph (b)(12)
to read as follows:
Sec. 381.409 Nutrient label content.
* * * * *
(b) * * *
(12) The serving size for meal-type products and main-dish products
as defined in Sec. 381.413(l) and Sec. 381.413 (m) in single-serve
containers will be the entire edible content of the package. Serving
size for meal-type products and main-dish products in multi-serve
containers will be based on the reference amount applicable to the
product in Sec. 381.412(b) if the product is listed in Sec.
381.412(b). Serving size for meal-type products and main-dish products
in multi-serve containers that are not listed in Sec. 381.412(b) will
be based on the reference amount according to Sec. 381.412(c), (d),
and (e).
* * * * *
12. Section 381.413 would be amended by revising paragraph (1) and
by adding paragraph (m) to read as follows:
Sec. 381.413 Nutrient content claims; general principles.
* * * * *
(l) For purposes of making a claim, a ``meal-type'' product will be
defined as a product that:
(1) Makes a major contribution to the diet by:
(i) Weighing at least 10 ounces per labeled serving, and
(ii) Containing not less than three 40 gram portions of food, or
combinations of foods, from two or more of the following four food
groups, except as noted in paragraph (l)(1)(ii)(E) of this section:
(A) Bread, cereal, rice, and pasta;
(B) Fruits and vegetables;
(C) Milk, yogurt, and cheese;
(D) Meat, poultry, fish, dry beans, eggs, and nuts; except that:
(E) These foods will not be sauces (except for foods in the four
food groups in paragraph (l)(1)(ii)(A) through (D) of this section that
are in the sauces), gravies, condiments, relishes, pickles, olives,
jams, jellies, syrups, breadings, or garnishes; and
(2) Is represented as, or is in the form commonly understood to be,
a breakfast, lunch, dinner, meal, or entree. Such representations may
be either by statements, photographs, or vignettes.
(m) For purposes of making a claim, a ``main-dish'' product will be
defined as a food that:
(1) Makes a major contribution to a meal by:
(i) Weighing at least 6 ounces per labeled serving, and
(ii) Containing not less than 40 grams of food, or combinations of
foods, from two or more of the following four food groups, except as
noted in paragraph (m)(1)(ii)(E) of this section.
(A) Bread, cereal, rice, and pasta;
(B) Fruits and vegetables;
(C) Milk, yogurt, and cheese;
(D) Meat, poultry, fish, dry beans, eggs, and nuts; except that:
(E) These foods will not be sauces (except for foods in the four
food groups in paragraph (m)(1)(ii)(A) through (D) of this section that
are in the sauces), gravies, condiments, relishes, pickles, olives,
jams, jellies, syrups, breadings, or garnishes; and
(2) Is represented as, or is in a form commonly understood to be, a
main dish (e.g., not a beverage or a dessert). Such representations may
be made either by statements, photographs, or vignettes.
* * * * *
Sec. 381.454 [Amended]
13. Section 381.454 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 381.413(m),'' after the phrase ``meal-type products as defined in
Sec. 381.413(l)'' wherever it occurs in the introductory text of
paragraphs (b)(1), (c)(1), and (e)(1).
b. By adding the phrase ``and main-dish product as defined in Sec.
381.413(m)'' after the phrase ``meal-type product as defined in Sec.
381.413(l),'' whenever it occurs in the introductory text of paragraphs
(b)(2) and (c)(2).
c. By adding the phrase ``or in a main-dish product'' after the
phrase ``meal-type product'' in paragraphs (d)(1) and (e)(2)(ii)(B).
Sec. 381.456 [Amended]
14. Section 381.456 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 381.413(m)'' after the phrase ``meal-type products as defined in
Sec. 318.413(l),'' whenever it occurs in paragraph (b) introductory
text and paragraph (c)(3).
b. By adding the phrase ``and main-dish product as defined in Sec.
381.413(m)'' after the phrase ``meal-type product as defined in Sec.
381.413(m)'' whenever it occurs in paragraphs (d)(1) introductory text
and paragraph (d)(2)(i).
Sec. 381.460 [Amended]
15. Section 381.460 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 318.413(m)'' after the phrase ``meal-type products as defined in
Sec. 381.413(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), b)(4), and (c)(4).
b. By adding the phrase ``and main-dish product as defined in Sec.
381.413(m)'' after the phrase ``meal-type product as defined in Sec.
381.413(l),'' whenever it occurs in the introductory text of paragraphs
(b)(3), (b)(5), and (c)(5).
c. By adding ``or a main-dish product'' after the phrase ``a meal-
type product'' in paragraph (c)(1)(i).
[[Page 18565]]
Sec. 381.461 [Amended]
16. Section 381.461 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 381.413(m),'' after the phrase ``meal-type products as defined in
Sec. 381.413(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), (b)(4), and (b)(6).
b. By adding the phrase ``and main-dish product as defined in Sec.
381.413(m)'' after the phrase ``meal-type product as defined in Sec.
381.413(l),'' whenever it occurs in the introductory text of paragraphs
(b)(3), (b)(5), and (b)(7).
c. By adding the phrase ``or a main-dish product'' after the phrase
``of a meal-type product'' in paragraph (b)(1)(i).
Sec. 381.462 [Amended]
17. Section 381.462 would be amended as follows:
a. By adding the phrase ``and main-dish products as defined in
Sec. 381.413(m)'' after the phrase ``meal-type products as defined in
Sec. 381.413(l),'' whenever it occurs in the introductory text of
paragraphs (b)(2), (b)(4), (c)(2), (d)(4) and paragraphs (e)(1) and
(e)(2).
b. By adding the phrase ``and main-dish product as defined in Sec.
381.413(m)'' after the phrase ``meal-type product as defined in Sec.
381.413(l),'' whenever it occurs in the introductory text of paragraph
(b)(3), (b)(5), (c)(3), (c)(5), (d)(3), and (d)(5).
c. By adding the phrase ``or a main-dish product'' after the phrase
``a meal-type product,'' in paragraphs (b)(1)(i) and (c)(1)(i).
Sec. 381.463 [Amended]
18. Section 381.463 would be amended as follows:
a. By adding the phrase ``main-dish product, as defined in Sec.
381.413(m) and a,'' before the phrase ``meal-type product, as defined
in Sec. 381.413(l)'' in the introductory text of paragraph (b)(2)(i)
and (b)(3)(i).
b. By adding the phrase ``main-dish and'' before the phrase ``meal-
type products'' in the introductory text of paragraphs (b)(2)(i) and
(b)(3)(i).
c. By adding the phrase ``main-dish product, as defined in Sec.
381.413(m),'' in place of the phrase ``meal-type product, as defined in
Sec. 381.413(l)'' in paragraph (b)(4)(i) and by adding the phrase
``main-dish products'' in place of the phrase ``meal-type products'' in
paragraph (b)(4)(i).
Done at Washington, DC, on April 9, 2003.
Garry L. McKee,
Administrator.