[Federal Register: December 5, 2006 (Volume 71, Number 233)]
[Notices]
[Page 70503-70505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de06-20]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS 2006-0040]
Product Labeling: Definition of the Term ``Natural''
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of petition and public meeting; request for comments.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
receipt of a petition from Hormel Foods to establish a definition for
the voluntary claim ``natural'' and to delineate the conditions under
which the claim can be used on the labels of meat and poultry products.
The use of the claim ``natural'' is an issue of significant interest to
the Agency, to industry, and to the public. Therefore, the Agency is
inviting comments on the issue generally and on the petition and, to
facilitate the comment process, is announcing that it will hold a
public meeting to discuss the petition. After the comment period
closes, FSIS will initiate rulemaking on the claim ``natural.'' The
Agency has decided to initiate rulemaking because it is the most
appropriate, open, and transparent method to deal with issues
surrounding the definition and use of the claim ``natural.''
DATES: The public meeting will be held on Tuesday, December 12, 2006,
from 9 a.m. to 1 p.m. Comments on this notice must be received by
January 11, 2007.
ADDRESSES: The public meeting will be held in the rear of the
Cafeteria, South Agriculture Building, United States Department of
Agriculture (USDA), 1400 Independence Avenue, SW., Washington, DC
20250.
FSIS invites interested persons to send comments on this notice.
FSIS will finalize an agenda on or before the meeting date and will
post it on the FSIS Internet Web page http://www.fsis.usda.gov/News?Meetings_&_Events/.
The petition discussed in this notice is
available for viewing by the public in the FSIS Docket Room (see
address below) and on the FSIS Web site at: http://www.fsis.usda.gov/News?Meetings_&_Events/.
The official transcript of the meeting will
be available for viewing by the public in the FSIS docket room and on
the FSIS Web site http://www.fsis.usda.gov/News?Meetings_&_Events/
when it becomes available.
Comments on this notice may be submitted by any of the following
methods:
Mail, including floppy disks or CD-ROM's, and hand-or
courier-delivered items: Send to FSIS Docket Room, Docket Clerk, USDA,
FSIS, 300 12th Street, SW., Room 102 Cotton Annex, Washington, DC
20250.
Electronic mail: fsis.regulationscomments@fsis.usda.gov.
Federal eRulemaking Portal: This Web site provides the
ability to type short comments directly into the comment field on this
Web page or attach a file for lengthier comments. Go to http://www.regulation.gov
and in the ``Search for Open Regulations'' box,
select ``Food Safety and Inspection Service'' from the agency drop-down
menu, then click on ``Submit.'' In the Docket ID column, select FDMS
Docket Number 2006-0040 to submit or view public comments and to view
supporting and related materials available electronically.
All submissions received by mail or electronic mail must include
the Agency name and docket number 2006-0040. All comments sent in
response to this document, as well as research and background
information used by FSIS in developing this document, will be available
for public inspection in the FSIS Docket Room at the address listed
above between 8:30 a.m. and 4:30 p.m., Monday through Friday. Comments
will also be posted on the Agency's Web site at http://www.fsis.usda.gov/regulations_&_policies/regulations_directives_&_notices/index.asp
.
FOR FURTHER INFORMATION CONTACT: For technical information: Dr. Robert
C. Post, Director, Labeling and Consumer Protection Staff, Office of
Policy, Program, and Employee Development, USDA, FSIS, 1400
Independence Avenue, SW., Washington, DC 20250, (202) 205-0279, FAX:
(202) 205-3625, e-mail: Robert.Post@fsis.usda.gov.
Pre-registration for this meeting is recommended. To pre-register,
please contact Diane Jones by telephone at (202) 720-9692 or be e-mail
at Diane.Jones@fsis.usda.gov. Persons requiring a sign language
interpreter or special accommodations should contact Ms. Jones as soon
as possible.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA responsible
for ensuring that the nation's commercial supply of meat, poultry, and
egg products is safe, wholesome, and truthfully labeled and packaged.
In particular, FSIS develops and implements national policies to ensure
that meat, poultry, and egg product labeling is truthful and non-
misleading.
Labeling Guidance on the Voluntary Claim ``Natural''
To guide manufacturers in the development of labeling that FSIS was
likely to determine to be truthful and not misleading with regard to
the voluntary claim ``natural,'' FSIS published policy guidance in the
form of Standards and Labeling Policy Memorandum (Memo) 055, dated
November 22, 1982. The policy guide states that the term ``natural''
may be used on labeling for meat products and poultry products provided
that the applicant for such labeling demonstrates that:
(1) The product does not contain any artificial flavor or
flavoring, coloring ingredient, or chemical preservative (as defined in
21 CFR 101.22), or any other artificial or synthetic ingredient; and
(2) the product and its ingredients are not more than minimally
processed. Minimal processing may include: (a) Those traditional
processes used to make food edible or to preserve it or to make it safe
for human consumption, e.g., smoking, roasting, freezing, drying,
[[Page 70504]]
and fermenting, or (b) those physical processes that do not
fundamentally alter the raw product or that only separate a whole,
intact food into component parts, e.g., grinding meat, separating eggs
into albumen and yolk, and pressing fruits to produce juices.
Relatively severe processes, e.g., solvent extraction, acid hydrolysis,
and chemical bleaching, would clearly be considered more than minimal
processing. Thus, the Policy Memo explained, the use of a flavor or
flavoring, for example, that has undergone more than minimal processing
would, in general, mean that a product in which the ingredient is used
could not be called ``natural.''
The Policy Memo acknowledged, however, that there are exceptions to
this general view, and that the presence of an ingredient that has been
more than minimally processed would not necessarily preclude a product
from being promoted as ``natural.'' The Policy Memo stated that
exceptions of this type would be granted on a case-by-case basis if it
could be demonstrated that the use of such an ingredient would not
significantly change the character of the product to the point that it
could no longer be considered a ``natural'' product. In such cases, the
``natural'' claim would have to be qualified to clearly and
conspicuously identify the ingredient, e.g., ``all natural ingredients
except dextrose, modified food starch, etc.''
Policy Memo 055 further stated that all products claiming to be
``natural'' or a ``natural'' food should be accompanied by a brief
statement that explains what is meant by the term ``natural,'' i.e.,
that the product is a ``natural'' food because it contains no
artificial ingredients and is only minimally processed. This statement
should appear directly beneath or beside all ``natural'' claims or, if
elsewhere on the principal display panel of the label, an asterisk
should be used to tie the explanation to the claim.
According to the 1982 policy, the decision of the Agency to approve
or deny the use of a ``natural'' claim may be affected by the specific
context in which the claim is made. For example, claims indicating that
a product is ``natural'' food, e.g., ``natural'' chili or ``chili--a
``natural'' product'' would be unacceptable for a product containing
beet powder which artificially colors the finished product. However,
``all natural ingredients'' might be an acceptable claim for such a
product.
Since 1982, except for the conditions in points (1) and (2) of the
Policy Memo stated above, FSIS modified the guidance on occasion to
make it consistent with prevailing policies, to reflect case-by-case
decisions made by the Agency, and to update references to regulations.
In August 2005, FSIS modified the guidance by acknowledging that sugar,
sodium lactate (from a corn source), and natural flavorings from
oleoresins or extractives could be acceptable for products bearing
``natural'' claims.
The Agency has come to recognize, based on the controversy that has
arisen about ``natural'' in recent months, that there is significant
disagreement about aspects of the August 2005 policy modification,
particularly the recognition of sodium lactate as an ingredient that
could be included in products that bear a ``natural'' claim. The Agency
has received information that raises questions about when, and if, a
food to which sodium lactate has been added would be fairly
characterized as ``natural.'' The Agency has come to believe that this
question, like numerous others alluded to in this document, is best
resolved through a rulemaking process. Therefore, FSIS has removed the
reference to sodium lactate from the 2005 modification. As the Agency
moves through the stages of rulemaking on ``natural,'' ``natural''
claims for foods in which sodium lactate is used will continue to be
considered by FSIS on a case-by-case basis, in light of factors such as
the level used, the claimed technical effect of the sodium lactate, and
the actual effect that it is having on the product.
Advances in Food Processing
In recent years, the longstanding policy on ``natural'' has been
challenged by advances in food processing and in packaging methods,
e.g., the use of techniques such as high pressure processing, food
ingredients that are regulated to provide multiple technical effects,
and modified atmosphere packaging. The value and integrity of the 1982
policy is challenged further by new uses of ingredients that have
previously been used for flavoring purposes, for example, as
antimicrobial agents. While the food safety purpose of using
antimicrobial agents is important, their effects raise questions as to
whether they can be used in products labeled ``natural.''
Petition
On October 9, 2006, Hormel Foods submitted a petition to FSIS for
rulemaking to codify in the Federal meat and poultry inspection
regulations a definition of ``natural.'' The petitioner requested that
FSIS begin rulemaking procedures to clarify the circumstances in which
the claim may be used on the labeling of a meat or poultry product. The
petition states that, consistent with FSIS's longstanding policy, a
meat or poultry product should not be labeled as ``natural'' unless (1)
It does not contain artificial flavorings, artificial coloring
ingredients, other artificial or synthetic ingredients, or chemical
preservatives; and (2) it is not more than minimally processed. The
petition further states that consumer confidence and consistency in
labeling dictate that exceptions for specific chemical preservatives
and synthetic ingredients should not be allowed.
In support of the need for a regulatory definition of ``natural,''
the petition explains that consumer interest and concern in natural
products are rising. Meat and poultry food manufacturers are seeking to
establish marketing presence in this growing area of labeling. The
petitioner cites the difficulty in maintaining a level playing field
among manufacturers wishing to establish a marketing presence with
FSIS's acceptance of ingredients such as sodium lactate and the AMS
National Organic Program ``national list'' of food substances as a
reference to support that such ingredients may be considered
``natural.'' According to the petition, as a result, there is a
significant likelihood of inconsistent guidance that provides an
opportunity for food manufacturers to manipulate exceptions in the
policy and to undercut the intent for ``natural'' labeling. The
petitioner requests that the Agency conduct rulemaking regarding the
claim ``natural'' to provide clarity and certainty in its use of
product labeling in the interest of consumer protection and consumer
confidence in labeling.
Public Meeting
FSIS is holding a public meeting in order to gain public input on
the use of the ``natural'' claim and the points raised by the petition,
the ideas set out in this notice, and the impact of possible changes
discussed herein. Following the public meeting, the Agency intends to
initiate rulemaking on ``natural'' claims.
In order to benefit from this public meeting, FSIS seeks input on
the following questions concerning the petition discussed above:
1. Considering the types of food processing methods that are
commonplace today, as opposed to 24 years ago when the policy on
``natural'' claims was established, is it reasonable to include as part
of the definition of ``natural'' a stipulation that products, to be
eligible to bear the claim, can be no more than minimally processed?
Are there any accommodations necessary to allow for certain operations
because
[[Page 70505]]
food processing and packaging techniques for enhancing safety may
disqualify a product as ``natural?''
2. What are the implications and conflicts that exist with regard
to using current and new food processing methods, e.g., chlorine in
poultry chillers; steam pasteurization of carcasses; high pressure
processing; and modified atmosphere packaging and uses of certain
classes of ingredients, e.g., antimicrobial agents, and the meaning of
the claim ``natural'' on the labels of meat and poultry products?
3. Are there available data, in addition to the data provided in
the petition, from consumer studies on views, perceptions, and beliefs
about what the claim ``natural'' means on the labels of food products,
including meat and poultry products? What do consumers think that the
terms ``minimal processing,'' ``artificial and synthetic,'' and
``preservatives'' mean?
4. Do food safety and consumer protection benefits of using what
historically may have been considered more than minimal processing
techniques and antimicrobial agents outweigh conflicts with the meaning
of ``natural?'' In recent years, FSIS has put a great deal of emphasis
on improving food safety. In some ways, however, some definitions of
``natural'' might unnecessarily undercut this objective. For example,
some definitions of ``natural'' could discourage the use of
antimicrobials, which are used to reduce and prevent the growth of
Listeria monocytogenes in foods. The Agency seeks comment on how it
best determines an appropriate and rational balance between the need to
ensure the safety of the food supply and the need to ensure that labels
are truthful and not misleading.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that
minorities, women, and persons with disabilities are aware of this
notice, FSIS will announce it on-line through the FSIS Web page located
at http://www.fsis.usda.gov/regulations/2006_Notices_Index/. FSIS
will also make copies of this Federal Register publication available
through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, recalls, and other types of
information that could affect or would be of interest to constituents
and stakeholders. The update is communicated via Listserv, a free
electronic mail subscription service for industry, trade and farm
groups, consumer interest groups, allied health professionals, and
other individuals who have asked to be included. The update is
available on the FSIS Web page. Through the Listserv and Web page, FSIS
is able to provide information to a much broader and more diverse
audience. In addition, FSIS offers an e-mail subscription service which
provides automatic and customized access to selected food safety news
and information. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/.
Options range from recalls to
export information to regulations, directives, and notices. Customers
can add or delete subscriptions themselves and have the option to
password protect their account.
Done at Washington, DC on: December 1, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06-9546 Filed 12-1-06; 2:25 pm]
BILLING CODE 3410-DM-P