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jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations manure and litter from the infected premises must be moved to the composting site at the same time; (5) Following the composting process, the composted manure or litter remains undisturbed for an additional 15 days before movement; (6) After this 15-day period, all of the composted manure or litter from the infected site is removed at the same time; (7) The resulting compost must be transported either in a previously unused container or in a container that has been cleaned and disinfected, since last being used, in accordance with part 71 of this chapter; (8) The vehicle in which the resulting compost is to be transported has been cleaned and disinfected, since last being used, in accordance with part 71 of this chapter; and (9) Copies of the permit accompanying the compost derived from the manure and the litter are submitted so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of arrival of the compost at the destination listed on the permit. ■ 7. Section 82.8 is amended as follows: ■ a. In paragraph (a)(2), by removing the citation ‘‘7 CFR part 59’’ and adding the citation ‘‘9 CFR part 590’’ in its place. ■ b. By revising paragraph (a)(3) to read as set forth below. § 82.8 Interstate movement of eggs, other than hatching eggs, from a quarantined area. (a) * * * (3) The establishment that processes the eggs, other than hatching eggs, for sale establishes procedures adequate to ensure that the eggs are free of END, including: (i) The establishment separates processing and layer facilities, the incoming and outgoing eggs at the establishment, and any flocks that may reside at the establishment; (ii) The establishment implements controls to ensure that trucks, shipping companies, or other visitors do not expose the processing plant to END; (iii) Equipment used in the establishment is cleaned and disinfected in accordance with part 71 of this chapter at intervals determined by the Administrator to ensure that the equipment cannot transmit END to the eggs, other than hatching eggs, being processed; and (iv) The eggs are packed either in previously unused flats or cases, or in used plastic flats that were cleaned or disinfected since last being used, in accordance with part 71 of this chapter; * * * * * ■ 8. Section 82.9 is amended as follows: ■ a. In paragraph (b), by removing the word ‘‘and’’ at the end of the paragraph. ■ b. By redesignating paragraph (c) as paragraph (d). ■ c. By adding a new paragraph (c) to read as set forth below. § 82.9 Interstate movement of hatching eggs from a quarantined area. * * * * * (c) The hatching eggs have been kept in accordance with the sanitation practices specified in § 147.22 and § 147.25 of the National Poultry Improvement Plan; and * * * * * ■ 9. Section 82.14 is amended as follows: ■ a. In paragraph (c)(2), in the introductory text, by revising the second sentence to read as set forth below. ■ b. In paragraph (e)(2), by removing the first sentence and by adding two new sentences in its place to read as set forth below. ■ c. By adding a new paragraph (i) to read as set forth below. § 82.14 Removal of quarantine. * * * * * (c) * * * (2) * * * The birds and poultry must be composted according to the following instructions or according to another procedure approved by the Administrator as being adequate to prevent the dissemination of END: * * * * * (e) * * * (2) Composting. If the manure and litter is composted, the manure and litter must be composted in the quarantined area. The manure and litter must be composted according to the following method, or according to another procedure approved by the Administrator as being adequate to prevent the dissemination of END: Place the manure and litter in rows 3 to 5 feet high and 5 to 10 feet at the base. * * * * * * * * (i) After the other conditions of this section are fulfilled, an area will not be released from quarantine until followup surveillance over a period of time determined by the Administrator indicates END is not present in the quarantined area. * * * * * VerDate Aug2005 16:07 May 23, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1 30299 Done in Washington, DC, this 20th day of May 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8–11741 Filed 5–23–08; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA–2006–P–0404] (Formerly Docket No. 2006P–0487) Food Labeling: Health Claims; Dietary Noncariogenic Carbohydrate Sweeteners and Dental Caries AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is adopting as a final rule, without change, the provisions of the interim final rule that amended the regulation authorizing a health claim on noncariogenic carbohydrate sweeteners and dental caries, i.e., tooth decay, to include isomaltulose as a substance eligible for the health claim. FDA is taking this action to complete the rulemaking initiated with the interim final rule. DATES: This rule is effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food Safety and Applied Nutrition (HFS–830), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740– 3835, 301–436–1450. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of September 17, 2007 (72 FR 52783), FDA published an interim final rule to amend the regulation in part 101 (21 CFR part 101) that authorizes a health claim on the relationship between noncariogenic carbohydrate sweeteners and dental caries (§ 101.80) to include the noncariogenic sugar isomaltulose. Under section 403(r)(3)(B)(i) and section 403(r)(7) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 343(r)(3)(B)(i) and 343(r)(7)), FDA issued this interim final rule in response to a petition filed under section 403(r)(4) of the act. Section 403(r)(3)(B)(i) of the act states that the Secretary of Health and Human Services (and, by delegation, FDA) shall issue a
jlentini on PROD1PC65 with RULES 30300 Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations regulation authorizing a health claim if he or she ‘‘determines, based on the totality of publicly available scientific evidence (including evidence from welldesigned studies conducted in a manner which is consistent with generally recognized scientific procedures and principles), that there is significant scientific agreement, among experts qualified by scientific training and experience to evaluate such claims, that the claim is supported by such evidence’’ (see also § 101.14(c)). Section 403(r)(4) of the act sets out the procedures that FDA is to follow upon receiving a health claim petition. Section 403(r)(7) of the act permits FDA to make a proposed regulation issued under section 403(r) effective upon publication pending consideration of public comment and publication of a final regulation if the agency determines that such action is necessary for public health reasons. On August 31, 2006, Cargill, Inc. (petitioner), submitted a health claim petition to FDA requesting that the agency amend the ‘‘dietary noncariogenic carbohydrate sweeteners and dental caries’’ claim at § 101.80 to authorize a noncariogenic dental health claim for isomaltulose. FDA filed the petition for comprehensive review in accordance with section 403(r)(4) of the act on December 8, 2006. The petitioner requested that FDA grant an interim final rule by which foods containing isomaltulose could bear the health claim prior to publication of the final rule. FDA and the petitioner mutually agreed to extend the deadline for the agency’s decision on the petition to September 5, 2007. As part of its review of the scientific literature on isomaltulose and dental caries, FDA considered the scientific evidence presented in the petition as well as information previously considered by the agency on the etiology of dental caries and the effects of slowly fermentable carbohydrates. The agency summarized this evidence in the interim final rule (72 FR 52783 at 52784 to 52786). Based on the available evidence, FDA concluded that isomaltulose, like other noncariogenic carbohydrate sweeteners listed in § 101.80(c)(2)(ii), does not promote dental caries. Consequently, FDA amended § 101.80(c)(2)(ii) to broaden the health claim to include isomaltulose as an additional substance eligible for the health claim. II. Summary of Comments and the Agency’s Response FDA solicited comments on the interim final rule. The comment period closed on December 3, 2007. The agency received four letters of response, three from consumers and one from a manufacturer. The manufacturer supported the interim rule. Two of the consumers’ comments addressed issues that are outside the scope of this rulemaking and will not be addressed here. The remaining comment suggested that there had been insufficient testing to demonstrate the safety of isomaltulose, but did not provide any information or analysis to support revision of the agency’s conclusion. Given the absence of contrary evidence on the agency’s decisions announced in the interim final rule, FDA is adopting as a final rule, without change, the interim final rule that amended § 101.80 to include isomaltulose as a substance eligible for the dental caries health claim. III. Analysis of Impacts FDA has examined the impacts of the final rule under Executive Order 12866, the Regulatory Flexibility Act (5 U.S.C. 601–612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The agency believes that this final rule is not a significant regulatory action under the Executive order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because this final rule allows new voluntary behavior and imposes no additional restrictions on current practices, the agency certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement which includes an assessment of anticipated costs and benefits before proposing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.’’ The current threshold after adjustment for inflation is $127,000,000, using the most current (2006) Implicit Price Deflator for the Gross Domestic Product. FDA does not expect this final rule to result in any one-year VerDate Aug2005 16:07 May 23, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1 expenditure that would meet or exceed this amount. FDA received no comments relevant to economic impact. The costs and benefits of available regulatory alternatives analyzed in the interim final rule (72 FR 52783 at 52787 to 52788) are adopted without change in this final rule. By now affirming that interim final rule, FDA has not imposed any new requirements. Therefore, there are no additional costs and benefits associated with this final rule. IV. Environmental Impact The agency has determined under 21 CFR 25.32(p) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. V. Paperwork Reduction Act FDA concludes that the labeling provisions of this final rule are not subject to review by the Office of Management and Budget because they do not constitute a ‘‘collection of information’’ under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Rather, the food labeling health claim on the association between consumption of isomaltulose and the nonpromotion of dental caries is a ‘‘public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public’’ (5 CFR 1320.3(c)(2)). VI. Federalism FDA has analyzed this final rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the rule will have a preemptive effect on State law. Section 4(a) of the Executive order requires agencies to ‘‘construe * * * a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute.’’ Section 403A of the act (21 U.S.C. 343– 1) is an express preemption provision. Section 403A(a)(5) of the act provides that: * * * no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce—* * *(5) any requirement respecting any claim of the type described in section 403(r)(1) made in the label or labeling of food that is not
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Comision Federal de la mejora regul
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Subject: MEXICO - Comments on PROY
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Item of PROY‐ NOM‐051 A.3.1 & A
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Annex 1.1: Ziesenitz, S.C.; 1996;
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Volume 61 Supplement 1 December 200
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Volume 61, Supplement 1, December 2
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S1 S5 S19 S40 S75 S100 S112 S122 S1
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FAO/WHO Scientific Update on carboh
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cardiovascular diseases and cancer)
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REVIEW Carbohydrate terminology and
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Table 2 Energy and macronutrient in
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are inulin and fructo oligosacchari
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Table 3 Principal physiological pro
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National Academy of Sciences in 200
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product contained X25% whole grain
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Henderson L, Gregory J, Swan G (200
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REVIEW Nutritional characterization
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Table 1 Nutritional characterizatio
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Table 2 Principles of carbohydrate
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Table 4 NSP in a selection of foods
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asked to consider both the ‘plant
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Table 5 Continued Plant-rich diet a
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account for any supplemented materi
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eaction vessels, with successive tr
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similar to the situation with sugar
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company working on dietary carbohyd
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van Dam RM, Seidell JC (2007). Carb
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2003). In establishing the energy v
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combustible energy of the fermentab
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glucose, starch, NSP) there is also
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generated through bioenergetic inef
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Table 4 cE, ME and NME, and content
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ME (Atwater general system) (Merill
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(o0.8 kg in the adult), increase af
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B1.4 MJ from protein in men, did no
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food and body weight, height or BMI
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esults may relate not only to the d
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ecologist, who is pre-occupied with
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Table 5 Effect of NSP (dietary fibr
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As already described, almost any ca
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in adolescents. Possible mechanisms
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unit, such as a grant or fellowship
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Conference on Medical Research. Ros
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Prentice AM, Poppitt SD (1996). Imp
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REVIEW Carbohydrate intake and obes
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Total carbohydrate intake Introduct
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composition of the diet did not sub
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European Journal of Clinical Nutrit
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postmenopausal US women (Howard et
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weight loss was greater after 6 mon
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European Journal of Clinical Nutrit
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its carbohydrate content, whereas a
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Table 4 Continued Duration Interven
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Despite a substantially lower GL fo
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increased physical activity has bee
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with normal glucose tolerance: the
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Page 144 and 145: from prospective studies which have
Page 146 and 147: Table 3 Prospective studies of diet
Page 148 and 149: of sucrose-containing foods, such a
Page 150 and 151: Acrylamide Acrylamide is a chemical
Page 152 and 153: Nicodemus KK, Jacobs Jr DR, Folsom
Page 154 and 155: carbohydrate and fat may have a low
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Page 175 and 176: Annex 1.4: US‐FDA GRAS Notificati
Page 177 and 178: FDA/CFSAN/OFAS: Agency Response Let
Page 179: Annex 1.5: US Health Claims Regulat
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Page 185 and 186: Isomaltulose is tooth friendly, unl
Page 187 and 188: CONFIDENTIAL Regulatory Affairs & N
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Page 193 and 194: CONFIDENTIAL Plasma glucose change
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Page 201 and 202: CONFIDENTIAL References Regulatory
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Annex 2.2: Roberfroid, M.B., 1999;
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Annex 3.2: “Letter of no objectio
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1 Nutrition and Health Claims (CAC/
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Annex 3.2: “Letter of no objectio
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