Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Cereal Sugar Limit and Food Package Review

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Part 246

RIN 0584-AC59

Special Supplemental Nutrition Program for Women, Infants and

Children (WIC): WIC Cereal Sugar Limit and Food Package Review

AGENCY: Food and Consumer Service, USDA.

ACTION: Notice of Intent to propose rulemaking; withdrawal.

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

SUMMARY: The Department published a Federal Register Notice of Intent

on March 18, 1996 soliciting public comments on whether the existing

Federal 6-gram sugar limit for WIC-eligible adult cereals should be

changed. The 90-day comment period ended on June 17, 1996. USDA

received 731 letters from a total of 878 commenters, representing a

wide range of interested parties. The majority--809 commenters--

expressed support for the continuation of the 6-gram sugar limit

unchanged. In addition, several commenters suggested that USDA conduct

a comprehensive review of the WIC food packages rather than focus on

the single issue of the sugar content of WIC-eligible adult cereals.

The purpose of this Notice of Intent is to summarize the public

comments received in response to the earlier Notice of intent and to

announce the Department's intent to review the WIC food packages and

recommend refinements that would best serve WIC Program objectives.

USDA's Center for Nutrition Policy and Promotion will be spearheading

this effort in conjunction with the Food and Consumer Service. Until

this review is completed, the Department will not make any decisions

about whether to propose a regulatory change in the Federal sugar cap

for WIC-eligible adult cereals. Therefore, the current requirement that

WIC-eligible adult cereals made available to women and child

participants must contain no more than 21.2 grams of sucrose and other

sugars per 100 grams of dry cereal (i.e., 6 grams of sugar per dry

ounce of cereal) remains in effect.

FOR FURTHER INFORMATION CONTACT: Barbara Hallman, Branch Chief, Policy

and Program Development Branch, Supplemental Food Programs Division,

Food and Consumer Service, USDA, 3101 Park Center Drive, Room 542,

Alexandria, Virginia 22302, (703) 305-2730.

[[Page 68234]]

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This Notice of Intent has been determined to be significant for

purposes of Executive Order 12866 and therefore has been reviewed by

the Office of Management and Budget.

Regulatory Flexibility Act

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 this

Act.

Paperwork Reduction Act

This Notice of Intent does not contain reporting or recordkeeping

requirements subject to approval by the Office of Management and Budget

in accordance with the Paperwork Reduction Act of 1995 (44 USC 3507).

Executive Order 12372

This program is listed in the Catalog of Federal Domestic

Assistance Programs under No. 10.557 and is subject to the provisions

of Executive Order 12372, which requires intergovernmental consultation

with State and local officials [7 CFR part 3015, Subpart V, and final

rule-related Notice of Intent published June 24, 1983 (48 FR 29114)].

Background

The Department's March 18, 1996 Federal Register Notice of Intent

provided an overview of the different WIC food packages for women and

child participants. These packages make available adult cereals that

contain at least 28 milligrams of iron and no more than 21.2 grams of

sucrose and other sugars (i.e., 6 grams of sugar per dry ounce of

cereal) per 100 grams of dry cereal. The Notice of Intent summarized

how this 6-gram sugar limit for WIC-eligible adult cereals (hereinafter

called ``WIC cereals'') was established as a Federal requirement in

1980 through the rulemaking process. A complete recap of the sequence

of events leading up to the development of the 6-gram sugar limit can

be found in the March 18, 1996 Notice of Intent at 61 FR 10903.

In the Notice of Intent, as part of its continuing obligation to

assure that Federal policies governing WIC nutritional standards are

scientifically sound, the Department asked the public to comment on

whether the 6-gram sugar limit should be retained as a Federal

requirement for WIC cereals. The Department indicated in the Notice of

Intent that, with the exception of dental caries, recent scientific

studies fail to clearly document an association between sugar

consumption and an increased risk of developing chronic diseases.

Therefore, the Notice of Intent solicited public comments to assist the

Department in making a decision about whether to embark on a proposed

change to the Federal regulations governing the sugar limit for WIC

cereals.

The Department encouraged commenters to respond on how the current

WIC cereal sugar limit should be revised, if a change in regulations

was deemed appropriate. The Notice of Intent at 61 FR 10907 cited the

following different positions that commenters were anticipated to take

on this issue:

Retain the current 6-gram sugar limit unchanged, counting

all sugar, both naturally occurring and added, as part of the total

sugar content of the cereal.

Set a new sugar limit, either higher or lower than the

current 6-gram level.

Revise the 6-gram sugar limit to represent only the amount

of sugar added during the manufacturing of a cereal, representing

either a separate ingredient (e.g., table sugar, corn syrup, brown

sugar, honey, and maltodextrin) or a separate component of a processed

or man-made ingredient (e.g., marshmallow and caramel), and exclude the

naturally occurring, inherent sugar in the cereal (e.g., sugars in

grains, dried fruits, and nonfat dry milk).

Eliminate the Federal sugar limit for WIC cereals.

The Notice of Intent further stated that commenters need not

restrict their views to one of these options, but could also pose other

alternatives. In addition, the Department urged commenters to discuss

both the pros and cons of their recommendations as they specifically

apply to the low-income, nutritionally at-risk WIC population. The

Department also sought public views on how a change would impact WIC

Program operations, such as the provision of nutrition education.

Further, the Notice of Intent solicited feedback from the public on

whether they believed that the 6-gram limit provided an adequate range

of choices for both WIC agencies and participants, consistent with the

nutritional purposes of the WIC Program.

Comment Analysis

The March 18, 1996 Notice of Intent had a 90-day comment period,

which closed on June 17, 1996. USDA received 731 letters with a

postmark of June 17 or earlier from a total of 878 commenters.

Commenters represented a wide range of interested parties: the WIC

community; professional nutrition/health care providers and

associations; members of Congress and State/local government officials;

industry and related private support groups; public interest groups;

and the general public. There was strong consensus among the

overwhelming majority of commenters that the current cereal sugar limit

continues to be appropriate for the low-income, nutritionally at-risk

WIC population.

Of the 878 commenters, 809 supported retaining the current 6-gram

sugar limit for WIC cereals. Supporters included, but were not limited

to: the 33 WIC State agency directors who responded; 28 of the other 30

WIC State agency staff who responded; the National Association of WIC

Directors; the 8 State/local WIC associations or coalitions that

responded; 281 of the 308 WIC local agency directors and their staff

who responded; 26 of 29 professional health/nutrition-related groups

that responded, such as the American Dental Association and affiliated

State dental societies/associations in California, Illinois, Iowa,

Oregon, South Dakota, Texas, and Washington, the American Association

of Public Health Dentistry, the American Dietetic Association and its

affiliated State chapter in Maine, the Association of State and

Territorial Public Health Nutrition Directors, the Society for

Nutrition Education, the Association of Maternal and Child Health

Programs, the American Public Health Association, and the American

Academy of Pediatrics and its affiliated State chapter in Montana; 325

of the 341 individual nutrition/health professionals (mostly dentists,

physicians and nutritionists) who responded; 21 of 24 members of

Congress who responded before the due date; 2 of the 3 national cereal

manufacturers that responded; and the 17 public interest groups that

responded, such as the Food Research and Action Center, the Center on

Budget and Policy Priorities, the Center for Science in the Public

Interest, Public Voice for Food and Health Policy, Bread for the World,

and the Migrant Legal Action Program, Inc.

Seven commenters suggested that USDA establish a lower sugar limit

for WIC cereals. In most cases, their recommendations reflected general

acceptance of the 6-gram sugar limit, but expressed a preference for an

even lower sugar level. Three commenters wanted a modest 1-2 gram

increase in the current sugar limit, or up to a maximum of 8 grams per

dry ounce of cereal.

Twenty-seven commenters recommended that the current 6-gram limit

be redefined to count only the

[[Page 68235]]

added sugars and to discount naturally occurring sugars found in cereal

grains and ingredients, such as dried fruits. This group of commenters

included: 1 WIC State agency staff person; 21 WIC local agency

directors or their staff; 1 professional nutrition/health-related

group, the American Heart Association; 1 non-WIC health/research

facility; and 3 individual nutrition/health professionals or educators.

Twenty-six commenters favored a complete elimination of a sugar

limit, of whom: 1 was a WIC local agency staff person; 2 represented

the professional nutrition/health-related group known as the American

Council on Science and Health; 7 were individual nutrition/health

professionals or educators; 3 represented a non-WIC health/research

facility; 12 represented the cereal, raisin or sugar industries and

related private support groups; and 1 was a State official.

The Department classified 11 of the commenters, including 3 members

of Congress, as expressing ``other'' points of view for one of the

following reasons: they did not clearly state a preference for one of

the options concerning the WIC cereal sugar limit cited in the Notice

of Intent; they expressed an opinion not related to any option; or they

wrote simply to provide information or make an inquiry, rather than to

express an opinion about the sugar limit.

Five of the 878 commenters expressed two different positions in

their letters (i.e., 4 commenters favored retaining or lowering the

sugar limit and 1 commenter favored retaining or slightly raising the

sugar limit). The dual positions of these 5 commenters were captured

accordingly in the counts reported above.

As of April 4, 1997, USDA had received 166 more letters,

representing 183 commenters, that were postmarked after the June 17,

1996 closing date. Late letters were read and considered by the

Department, but were not included among the official counts cited above

comprising the comment analysis. The majority of the late commenters

expressed support for retaining the current sugar limit.

Discussion of Commenters' Opinions and Rationales

Eight hundred and fifty seven of the total 878 commenters who

submitted letters during the 90-day comment expressed a preference to

either retain, revise or eliminate the sugar limit. Presented below is

a brief annotated list of commenters' major rationales related to each

of these positions.

Position I: Retain the 6-Gram Sugar Limit Unchanged

Eight hundred and nine commenters expressed support for retaining

unchanged the current sugar limit for WIC cereals. The current 6-gram

sugar limit represents total grams of sugar contained in a 1-ounce

serving of cereal. It includes grams of both naturally occurring and

added sugars.

The total number of WIC State and local agency associations,

directors and their staff and individual nutrition/health professionals

who responded to the Notice of Intent represented about 728 commenters,

of which approximately 680 argued against a change in the 6-gram WIC

cereal sugar limit. Collectively, the main rationales the 809

commenters gave in defense of their position were:

Rationale 1: The 6-gram sugar limit is consistent with the Dietary

Guidelines for Americans and the Food Guide Pyramid that recommend

moderation in sugar intake.

Rationale 2: Including both naturally occurring and added sugar in

the 6-gram sugar limit is consistent with the information displayed on

Nutrition Facts panels of food labels that does not distinguish between

naturally occurring or added sugars. Further, counting all sources of

sugar in determining the total sugar content of a WIC cereal is

appropriate because the human body cannot differentiate between the

same types of sugar which are identical chemically whether they are

naturally occurring or added.

Rationale 3: Greater amounts of sugar in WIC cereals would offer

few if any nutritional benefits to WIC participants.

Rationale 4: The 6-gram sugar limit is consistent with WIC's

mission to meet the special nutritional and health needs of a low-

income, at-risk population.

Rationale 5: The 6-gram sugar limit represents an important

nutrition standard for WIC foods and is relevant to WIC nutrition

education goals.

Rationale 6: The 6-gram sugar limit provides an adequate range of

cereal choices for WIC participants and State agencies.

Rationale 7: Numerous USDA reviews over several years (see 61 FR

10905) have concluded that the 6-gram sugar limit is an appropriate WIC

food requirement.

Position II: Revise the 6-Gram Sugar Limit to Count Only Added Sugars

Twenty-seven commenters recommended that the 6-gram sugar limit be

redefined to count only added sugars and exempt naturally occurring

sugars in the grains and dried fruit ingredients. Collectively, the

main rationales these 27 commenters gave in defense of their position

were:

Rationale 1: Redefining the 6-gram sugar limit, to enable more

cereals containing dried fruits to become WIC eligible, would be

consistent with the Dietary Guidelines recommendation concerning eating

more fruits and vegetables.

Rationale 2: Redefining the 6-gram sugar limit would increase the

variety of WIC cereals and dried fruit adds beneficial nutrients to

cereals, such as dietary fiber, magnesium and zinc.

Position III: Eliminate the 6-Gram Sugar Limit for WIC Cereals

Twenty-six commenters stated that the current sugar limit for WIC

cereals should be abolished. Collectively, the main rationales these 26

commenters gave in defense of their position were:

Rationale 1: The 6-gram sugar limit restricts the variety of WIC

cereals and is inconsistent with newer research findings indicating

that sugar consumption is not clearly associated with an increased risk

of chronic diseases, except dental caries.

Rationale 2: The 6-gram sugar limit is arbitrary and capricious and

is not based upon scientific evidence.

Conclusion

The Department would like to express its appreciation to all of the

commenters who responded to the March 18, 1996 Notice of Intent to

share their insights and views about this issue. Several commenters

expressing various positions on the sugar limit suggested that rather

than focusing on only one requirement of the WIC foods, i.e., the sugar

restriction for WIC cereals, USDA should consider whether all of the

nutritional aspects of the WIC food packages are still appropriate for

the WIC population. Therefore, USDA has decided to conduct a review of

the overall WIC food packages. This review will examine the WIC food

packages and recommend refinements that would best serve WIC Program

objectives. The review will assure that the WIC food packages are

consist with the fourth edition of the Dietary Guidelines for Americans

jointly published by USDA and the U.S. Department of Health and Human

Services in 1995, which was issued subsequent to the last review of the

WIC food packages completed in 1992. Choosing a diet moderate in sugar

content represents just one of the seven primary recommendations of the

Dietary Guidelines. The Department believes that a more comprehensive

assessment of the WIC food packages would be prudent at this time.

[[Page 68236]]

The USDA Center for Nutrition Policy and Promotion will be

spearheading this effort in conjunction with the Food and Consumer

Service. The Department expects to complete the WIC food package review

by the summer of 1998. Until this review is completed, the Department

will not make any decisions about whether to propose a regulatory

change in the Federal sugar limit for WIC cereals. Consequently, the

current Federal requirement that WIC cereals (hot or cold) made

available to women and child participants must contain no more than

21.2 grams of sucrose and other sugars per 100 grams of dry cereal

(i.e., 6 grams of sugar per dry ounce of cereal) remains in effect for

an indefinite period of time.

Dated: December 17, 1997.

Shirley R. Watkins,

Under Secretary, Food, Nutrition and Consumer Services.

[FR Doc. 97-33844 Filed 12-30-97; 8:45 am]

BILLING CODE 3410-30-U