[Federal Register: October 29, 2003 (Volume 68, Number 209)]
[Proposed Rules]               
[Page 61639-61640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc03-15]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 131

[Docket No. 2000P-0685]

 
Milk and Cream Products and Yogurt Products; Petition to Revoke 
Standards for Lowfat Yogurt and Nonfat Yogurt and to Amend Standards 
for Yogurt and Cultured Milk; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking; reopening of the comment 
period.

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SUMMARY: The Food and Drug Administration (FDA) is reopening for 90 
days the comment period for an advance notice of proposed rulemaking 
(ANPRM) that announced the filing of a petition asking the agency to 
revoke the standards of identity for lowfat yogurt and nonfat yogurt; 
amend the standard of identity for yogurt in numerous respects, 
including incorporation of provisions for lowfat and nonfat yogurt; and 
amend the standard of identity for cultured milk in numerous respects, 
including allowing for the use of the alternate term ``fermented 
milk.'' This action is being taken in response to a request for more 
time to submit comments to FDA.

DATES: Submit written or electronic comments on the ANPRM by January 
27, 2004.

ADDRESSES: Submit written comments to the Division of Dockets 
Management

[[Page 61640]]

(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852. Submit electronic comments to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/dockets/ecomments.
 The ANPRM and the petition are available for review 
at the Division of Dockets Management or electronically on FDA's Web 
site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ohrms/dockets/98fr/03-16789.pdf (ANPRM) and 
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ohrms/dockets/98fr/00p-0685-cp00001.pdf (petition). 
You also may request a copy of these documents from the Division of 
Dockets Management.

FOR FURTHER INFORMATION CONTACT: Ritu Nalubola, Office of Nutritional 
Products, Labeling, and Dietary Supplements, Center for Food Safety and 
Applied Nutrition (HFS-820), Food and Drug Administration, 5100 Paint 
Branch Pkwy., College Park, MD 20740, 301-436-2371.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of July 3, 2003 (68 FR 39873), FDA 
published an ANPRM announcing that a petition was filed on February 18, 
2000, requesting that the agency revoke the standards of identity for 
lowfat yogurt and nonfat yogurt; amend the standard of identity for 
yogurt in numerous respects, including incorporation of provisions for 
lowfat and nonfat yogurt; and amend the standard of identity for 
cultured milk in numerous respects, including allowing for the use of 
the alternate term ``fermented milk.'' Interested persons were given 
until October 1, 2003, to comment on the ANPRM.
    Following publication of the July 3, 2003, ANPRM, FDA received a 
request to allow interested persons additional time to comment. The 
requester asserted that the time period of 90 days was insufficient to 
respond fully to FDA's specific requests for comments and to allow 
potential respondents to thoroughly evaluate and address pertinent 
issues, including those that have emerged since the petition was filed 
in 2000.
    FDA believes that it is sound public policy to reopen the comment 
period (21 CFR 10.40(b)(3)(i)), given the variety of scientific and 
other issues raised in the ANPRM.

II. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding the ANPRM. 
Submit a single copy of electronic comments or two paper copies of any 
mailed comments, except that individuals may submit one paper copy. 
Comments are to be identified with the docket number found in brackets 
in the heading of this document. Comments previously submitted to the 
Division of Dockets Management do not need to be resubmitted because 
all comments submitted with that docket number will be considered in 
any future rulemaking. Received comments may be seen in the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: October 21, 2003.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 03-27188 Filed 10-28-03; 8:45 am]

BILLING CODE 4160-01-S