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  1. HFP Constituent Updates

FDA Requests Information on the Appropriate Product Category and Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products that Can Be Used to Fill Cupcakes and Other Desserts

Constituent Update

November 1, 2016

Today, the Food and Drug Administration (FDA) announced a request for information (RFI) to invite comments, data and other information on the appropriate reference amount customarily consumed (RACC) and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), as well as products that can be used to fill cupcakes and other desserts.

The FDA is taking this action in part because it recently issued a final rule updating certain RACCs, and the agency has also received a citizen petition asking that it either (1) issue guidance recognizing that “nut cocoa-based spreads” fall within the “Honey, jams, jellies, fruit butter, molasses” category for the purposes of RACC determination, or (2) amend the current regulation relating to RACCs to establish a new RACC category for “nut cocoa-based spreads” with a RACC of 1 tablespoon. The RFI represents the first step in our evaluation of the appropriate RACC and product category for “nut cocoa-based spreads.”

The FDA is also taking this action in response to a comment received on the 2014 proposed rule that proposed to update and modify certain RACCs for previously established product categories and establish RACCs for new products and product categories. The comment requested the FDA amend serving size regulations to establish a RACC and product category for cupcake fillings. In the final rule, we responded to the comment by saying that we recognized the need for a RACC for these products, but that because the 2014 proposed rule was silent about a RACC for cupcake fillings, we intend to establish a RACC for the product category in a future rulemaking. The RFI represents the first step in our evaluation of the appropriate RACC and product category for products used as a filling for cupcakes and other desserts.

The comment period will open on November 2, 2016.

To electronically submit comments to the docket, visit http://www.regulations.gov and type FDA-2016-N-2938 in the search box.

To submit comments to the docket by mail, use the following address. Be sure to include docket number FDA-2016-N-2938 on each page of your written comments.

Division of Dockets Management
HFA-305
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852

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