[Federal Register: December 9, 2004 (Volume 69, Number 236)]
[Notices]
[Page 71418-71419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de04-60]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 2004P-0519]
Cottage Cheese Deviating From Identity Standard; Temporary Permit
for Market Testing
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
temporary permit has been issued to Wells' Dairy, Inc., to market test
cottage cheese that deviates from the U.S. standard of identity for
cottage cheese. The purpose of the temporary permit is to allow the
applicant to measure consumer acceptance of the product, identify mass
production problems, and assess commercial feasibility.
DATES: This permit is effective for 15 months, beginning on the date
the permit holder introduces or causes the introduction of the test
product into interstate commerce, but not later than March 9, 2005.
FOR FURTHER INFORMATION CONTACT: Ritu Nalubola, 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: In accordance with 21 CFR 130.17 concerning
temporary permits to facilitate market testing of foods deviating from
the requirements of the standards of identity issued under section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341), FDA is
giving notice that a temporary permit has been issued to Wells' Dairy,
Inc., 1 Blue Bunny Dr., P.O. Box 1310, Le Mars, IA 51031.
The permit covers limited interstate marketing tests of these
products:
1. Blue Bunny Brand
``Cottage cheese, 4% milkfat, homestyle, large curd'' 24
ounces (oz);
``Cottage cheese, 4% milkfat, original, small curd'' 32
oz;
``Cottage cheese, 4% milkfat, original, small curd'' 24
oz;
``Cottage cheese, 4% milkfat, original, small curd'' 12
oz;
``Cottage cheese, 2% milkfat, reduced fat'' 24 oz;
``Cottage cheese, 2% milkfat, reduced fat'' 12 oz;
``Cottage cheese, 1% milkfat, lowfat'' 24 oz;
``Cottage cheese, 1% milkfat, lowfat'' 12 oz; and
``Cottage cheese, Health Smart, fat free'' 24 oz.
2. Great Value Brand
``Cottage cheese, 4% milkfat, large curd'' 24 oz;
``Cottage cheese, 4% milkfat, large curd'' 16 oz;
``Cottage cheese, 4% milkfat, small curd'' 24 oz;
``Cottage cheese, 4% milkfat, small curd'' 16 oz;
``Cottage cheese, 1% milkfat, lowfat, small curd'' 24 oz;
``Cottage cheese, 1% milkfat, lowfat, small curd'' 16 oz;
and
``Cottage cheese, fat free, small curd'' 24 oz.
3. ShurFresh Brand
``Cottage cheese, 4% milkfat, small curd'' 24 oz.
These cottage cheese products may deviate from the U.S. standard of
identity for cottage cheese (21 CFR 133.128) in that the products are
formulated using fluid ultrafiltered (UF) skim milk. Fluid UF skim milk
is obtained by subjecting skim milk to a physical separation process
called ultrafiltration using a membrane with a pore size of 10,000
Daltons molecular weight cutoff, resulting in the partial loss of
lactose, minerals, water-soluble vitamins, and water present in skim
milk. The casein-to-whey protein ratio of skim milk is not altered
during the ultrafiltration process. The moisture content of fluid UF
skim milk so obtained is about 80 percent. Fluid UF skim milk is added
to skim milk at a level needed to increase the total solids of the
cheese milk by 5 to 25 percent. The physical, chemical, and sensory
properties characteristic of cottage cheese are not altered in the test
product. The fluid UF skim milk will be declared in the ingredient
statement of the finished cottage cheese as ``ultrafiltered skim
milk.'' The test product meets all the requirements of the standard
with the exception of the use of fluid UF skim milk. The purpose of the
temporary permit is to allow the applicant to measure consumer
acceptance of the product, identify mass production problems, and
assess commercial feasibility.
This permit provides for the temporary marketing of a total of 15
million pounds (6.8 million kilograms) of the test product. The test
products will be manufactured by Wells' Dairy,
[[Page 71419]]
Inc., at 12th and Lincoln Sts. SW., Le Mars, IA 51031. The test
products will be distributed by Wells' Dairy, Inc., throughout the
States of Iowa, Minnesota, Wisconsin, Missouri, Nebraska, Oklahoma,
Kansas, South Dakota, North Dakota, Arkansas, and Colorado. Each of the
ingredients used in the food must be declared on the labels as required
by the applicable sections of part 101 (21 CFR part 101). The
information panel of the labels will bear nutrition labeling in
accordance with Sec. 101.9. This permit is effective for 15 months,
beginning on the date the permit holder introduces or causes the
introduction of the product into interstate commerce, but not later
than March 9, 2005.
Dated: November 29, 2004.
Barbara Schneeman,
Director, Office of Nutritional Products, Labeling and Dietary
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. 04-26996 Filed 12-8-04; 8:45 am]
BILLING CODE 4160-01-S