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USDA/FSIS RIN: 0583-AD56 Publication ID: Fall 2021 
Title: Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed 
Abstract:

Consistent with the changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. The final rule will: (1) update the list of nutrients that are required or permitted to be declared; (2) provide updated Daily Reference Values (DRV) and Reference Daily Intake (RDI) values that are based on current dietary recommendations from consensus reports; and (3) amend the requirements for foods represented or purported to be specifically for children under the age of four years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups. FSIS is also revising the format and appearance of the Nutrition Facts Panel; amending the definition of a single-serving container; requiring dual-column labeling for certain containers; and updating and modifying several reference amounts customarily consumed (RACCs or reference amounts). FSIS is also consolidating the nutrition labeling regulations for meat and poultry products into a new Code of Federal Regulations (CFR) part.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 9 CFR 317    9 CFR 381    9 CFR 413   
Legal Authority: 21 U.S.C. 601 et seq., Federal Meat Inspection Act    21 U.S.C. 451 et seq., Poultry Products Inspection Act   
Legal Deadline:  None

Statement of Need:

On May 27, 2016, the Food and Drug Administration (FDA) published two final rules: (1) "Food Labeling: Revision of the Nutrition and Supplement Facts Labels" (81 FR 33742); and (2) "Food Labeling: Serving Sizes of Foods that Can Reasonably be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments" (81 FR 34000). FDA finalized these rules to update the Nutrition Facts label to reflect new nutrition and public health research, to reflect recent dietary recommendations from expert groups, and to improve the presentation of nutrition information to help consumers make more informed choices and maintain healthy dietary practices. FSIS has reviewed FDA's analysis and, to ensure that nutrition information is presented consistently across the food supply, FSIS will propose to amend the nutrition labeling regulations for meat and poultry products to parallel, to the extent possible, FDA's regulations. This approach will help increase clarity of information to consumers and will improve efficiency in the marketplace.

Summary of the Legal Basis:

The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).

Alternatives:

FSIS is considering different alternatives for the compliance period of the final rule.

Anticipated Costs and Benefits:

These proposed regulations are expected to benefit consumers by increasing and improving dietary information available in the market. An estimate of the monetary benefits from these market improvements can be obtained by calculating the medical cost savings generated by linking information use to improved consumer diets. In addition, FSIS believes that the public would be better served by having the regulations governing nutrition labeling consolidated in one part of title 9. Rather than searching through two separate parts of title 9, CFR parts 317 and 381, to find the nutrition labeling regulations, interested parties would only have to survey one, part 413, to be able to apply nutrition panels to their meat and poultry products. Firms would incur a one-time cost for relabeling, recordkeeping costs, and costs associated with voluntary reformulation. Many firms have  voluntarily begun using the FDA format, which will reduce costs.  

Risks:

None

Timetable:
Action Date FR Cite
NPRM  01/19/2017  82 FR 6732   
NPRM Comment Period End  04/19/2017 
Final Action  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Matthew Michael
Director, Regulations Development Staff
Department of Agriculture
Food Safety and Inspection Service
Office of Policy and Program Development, 1400 Independence Avenue SW,
Washington, DC 20250-3700
Phone:202 720-0345
Fax:202 690-0486
Email: matthew.michael@usda.gov