[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Rules and Regulations]               
[Page 76684-76685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-8]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 2003N-0346]

 
Food Labeling: Ingredient Labeling of Dietary Supplements That 
Contain Botanicals; Withdrawal

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA) published in the 
Federal Register of August 28, 2003 (68 FR 51693), a direct final rule 
to amend the regulation on the designation of ingredients in dietary 
supplements by incorporating by reference the most recent editions of 
the references Herbs of Commerce and the International Code of 
Botanical Nomenclature. The direct final rule also would have added a 
sentence to this regulation codifying the requirements contained in the 
Farm Security and Rural Investment Act of 2002 (Public Law 107-171) 
that restrict

[[Page 76685]]

the use of the term ``ginseng'' as a common or usual name to botanicals 
within the genus ``Panax'' and limiting the use of the term ``ginseng'' 
to labeling and advertising of herbs or herbal ingredients classified 
within the genus ``Panax.'' FDA is withdrawing the direct final rule 
because the agency received significant adverse comment.

DATES: The direct final rule published at 68 FR 51693, August 28, 2003, 
is withdrawn as of December 28, 2005.

FOR FURTHER INFORMATION CONTACT: Susan Thompson, Office of Nutritional 
Products, Labeling and Dietary Supplements (HFS-810), Food and Drug 
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-
436-1784.
    Authority: Therefore, under the Federal Food, Drug, and Cosmetic 
Act and under authority delegated to the Commissioner of Food and 
Drugs, the direct final rule published on August 28, 2003 (68 FR 
51693), is withdrawn.

    Dated: December 21, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-24511 Filed 12-27-05; 8:45 am]

BILLING CODE 4160-01-S