Voglio sapere a riguardo di…

jbell on DSKJLSW7X2PROD with RULES

Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations yogurt is heat-treated after culturing. In the proposed rule, we recommended that manufacturers may consider using additional truthful and non-misleading statements, such as does not contain live and active cultures, in the labeling of their heat-treated yogurt products to help consumers distinguish heat-treated yogurt from traditional yogurt 74 FR
2443 at 2450. We evaluated the consumer survey results and conclude that the survey findings support the belief that many consumers do not understand the meaning of the term heat-treated after culturing Ref. 6.
We find that the term heat-treated after culturing does not adequately inform consumers whether the yogurt still contains live and active cultures in the final product. To prevent the labeling of yogurt from being misleading under section 403a1 and 201n of the FD&C
Act, the phrase does not contain live and active cultures should appear on the label of yogurt instead of heattreated after culturing when the final product does not contain live and active cultures. Therefore, we have revised 131.200f1ii to require the phrase does not contain live and active cultures if the dairy ingredients have been treated after culturing to inactivate viable microorganisms.
Comment 28 One comment stated that new and emerging thermal treatment technologies that are less severe than pasteurization conditions have been used to enhance the sensory profile of a product or for acidity purposes. The comment asked us to clarify that, if these heated yogurt products still contain a minimum of 107
CFU/g live and active cultures at the time of manufacture, they do not have to bear the statement indicating that they have been heat-treated or do not contain live and active cultures.
Response 28 We understand that the impact of a heat treatment will vary depending on heating temperature and holding time. We agree that it would not be appropriate to require heated yogurt products with 107 CFU/g live and active cultures to bear the does not contain live and active cultures statement. As discussed in response 7, we realize that, in the future, new technologies other than heat treatment may be developed to inactivate viable microorganisms and thus extend a products shelf life. The does not contain live and active cultures statement should not be limited to only heat-treated yogurt. It would be appropriate for products that have not been heat-treated but have been treated with other alternative technologies to inactivate viable microorganisms, to bear the does not contain live and active cultures
VerDate Sep<11>2014

17:30 Jun 10, 2021

Jkt 253001

statement to adequately inform consumers. Therefore, we have revised 131.200f1ii to require that the phrase does not contain live and active cultures accompany the name of the food if the yogurt has been treated after culturing to inactivate viable microorganisms.
Comment 29 A few comments requested that we require the statement does not contain live and active cultures to appear prominently on the label or in the same size, font, and color as the name of the food and in close proximity to the name of the food without intervening material.
Response 29 Under 131.200f1ii, the phrase does not contain live and active cultures is required to accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half of the height of the letters used in the name. We do not agree with the comments that the phrase does not contain live and active cultures must appear in the same size, font, and color as the name of the food. The comments did not demonstrate why use of the same size, font, and color as the name of the food would improve consumer attention to or understanding of the phrase.
I. Revoking the Standards of Identity for Lowfat Yogurt and Nonfat Yogurt Comment 30 Some comments supported revoking the standards of identity for lowfat yogurt and nonfat yogurt such that the standardized food yogurt under proposed 131.200 could be modified to produce lower-fat versions of yogurt under 130.10. For purposes of this preamble, lower-fat versions of yogurt refers to products with less than 3.25 percent minimum fat level specified in 131.200a. Other comments were concerned that there will be no standard of identity for these lower-fat versions of yogurt.
Response 30 Revocation of 131.203
and 131.206 will result in lowfat yogurt and nonfat yogurt being covered under the general definition and standard of identity in 130.10. This action will provide for consistency in the nomenclature and labeling of lowfat and no fat food products and help ensure lowfat yogurt meets consumer expectations. These foods, along with other lower-fat versions of yogurt, will be standardized foods with a standard of identity under this regulation. Because 130.10 only permits specific deviations from the standardized food for which a lower-fat version substitutes, many requirements in the yogurt standard of identity will
PO 00000

Frm 00045

Fmt 4700

Sfmt 4700

31131

apply to lower-fat versions and will help maintain the basic nature and essential characteristics of these products.
J. Compliance Date Comment 31 The proposed rule did not discuss when a final rule would become effective or when the compliance date for a final rule would occur.
One comment requested a 2-year implementation date for necessary label changes after the final rule. The comment indicated that revoking the standards of identity for lowfat yogurt and nonfat yogurt would require these products to be fortified to achieve nutrient equivalency. The comment also stated that the 2-year implementation date is consistent with the Uniform Compliance Date for label changes and will provide enough time for processors to deplete existing packaging inventory, reformulate products, install fortification equipment, and make the necessary label changes. Another comment asked us to align the compliance timeline of the final yogurt rule with that of a then-unpublished final rule to revise our Nutrition and Supplement Facts Label requirements 79 FR 11880, March 3, 2014. The comment said that companies could revise yogurt labels much more efficiently by making a single set of changes in response to both sets of requirements and minimize the economic impact of label changes.
Response 31 The final rule is effective on July 12, 2021. The compliance date of this final rule is January 1, 2024, consistent with Uniform Compliance Date for final food labeling regulations that are issued in calendar years 2021 and 2022 see 86 FR
462, January 6, 2021.
We decline to align the compliance date with that for the final Nutrition and Supplement Facts Label regulations. We note that the compliance date for the final Nutrition and Supplement Facts Label regulations is January 1, 2020, for manufacturers with $10 million or more in annual food sales and January 1, 2021, for manufacturers with less than $10 million in annual food sales 83 FR
19619, May 4, 2018. Thus, these compliance dates for the Nutrition and Supplement Facts Label regulation have already passed.
K. Amendments in 21 CFR 130.10
Revoking the standards of identity for lowfat yogurt and nonfat yogurt brings these foods under the coverage of the general definition and standard in 130.10. For foods covered under the general definition and standard,
E:FRFM11JNR1.SGM

11JNR1