Nutrition Labeling of Ground Beef and Hamburger: Extension of Compliance Date

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 317

[Docket No. 94-024N]

Nutrition Labeling of Ground Beef and Hamburger: Extension of

Compliance Date

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of extension of compliance date.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing an

extension of the date for enforcing compliance with its nutrition

labeling regulations for ground beef and hamburger. The compliance

enforcement date for the nutrition labeling regulations published on

January 6, 1993, is August 8, 1994. FSIS is issuing this notice to

clarify its policy on the enforcement of nutrition labeling of ground

beef and hamburger pending publication of a final regulation concerning

percentage labeling for lean and fat on ground beef and hamburger.

DATES: The compliance enforcement date is extended indefinitely until

further notice.

FOR FURTHER INFORMATION CONTACT:

Charles Edwards, Director, Product Assessment Division, Regulatory

Programs, Food Safety and Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250, (202) 254-2565.

SUPPLEMENTARY INFORMATION: On May 24, 1994, FSIS issued a proposed rule

(59 FR 26916) with a shortened 45-day comment period to permit

percentage labeling on lean and fat on ground beef and hamburger. On

July 5, 1994, FSIS announced that it was granting a request filed by

the Center for Science in the Public Interest to extend the comment

period of the proposed rule for an additional 45 days until August 22,

1994 (59 FR 34396). Extending the comment period will allow additional

survey data to be collected and submitted to FSIS concerning consumer

perceptions of terms such as ``percent lean,'' ``lean,'' and ``reduced

fat.'' As a result of the extension, the comment period of the proposed

rule on labeling of ground beef and hamburger now extends beyond the

nutrition labeling compliance date of August 8, 1994. On June 16, 1994,

FSIS announced that although the effective date of the nutrition

labeling regulations was July 6, 1994, the Agency would not take

enforcement action on meat and poultry products until August 8, 1994

(59 FR 30875).

FSIS has received several requests to clarify its enforcement

posture for nutrition labeling policies for ground beef and hamburger

pending the completion of the rulemaking process. Many of those

requesting clarification contend that extending the comment period on

the proposed rule caused confusion regarding FSIS' enforcement posture

for nutrition labeling of ground beef and hamburger. After carefully

considering the issue, FSIS has decided to extend the effective date

for enforcing compliance with the nutrition labeling regulations for

ground beef and hamburger until evaluation of comments received on the

May 24 proposed rule is completed, and a final rule is issued. FSIS

believes such action is reasonable and practical because the Agency

extended the comment period on the proposed rule (59 FR 34396) in order

to collect information about consumer understanding of nutrition

labeling terms on these products. Extending enforcement action on

nutrition labeling of ground beef and hamburger should avoid the

situation of having three potentially different labeling schemes for

ground beef and hamburger products within several months, and will

prevent a lapse of information that consumers might expect or want on

ground beef and hamburger packages. The extension will also allow

manufacturers and retailers to use existing label inventories during

this interim period.

FSIS will publish a final rule on ground beef and hamburger

labeling in the Federal Register after it analyzes the public comments

and consumer survey results received in response to the proposed rule.

Done at Washington, DC, on: August 2, 1994.

William J. Hudnall,

Acting Administrator, Food Safety and Inspection Service.

[FR Doc. 94-19260 Filed 8-5-94; 8:45 am]

BILLING CODE 3410-DM-P