[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Proposed Rules]
[Page 12870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04114]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88 , No. 40 / Wednesday, March 1, 2023 / 
Proposed Rules  

[[Page 12870]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 410

[Docket No. 95-051P]
RIN 0583-AC72

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 130

[Docket No. FDA-1995-N-0062 (formerly 1995N-0294)]
RIN 0910-AC54


Food Standards; General Principles and Food Standards 
Modernization; Withdrawal of Proposed Rule

AGENCY: Food Safety and Inspection Service, USDA, and Food and Drug 
Administration, HHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA) and the Food Safety and 
Inspection Service (FSIS) (jointly, we) are announcing the withdrawal 
of the proposed rule entitled ``General Principles and Food Standards 
Modernization,'' which published in the Federal Register of May 20, 
2005. FDA and FSIS are taking this action in response to comments 
received in 2005 and in 2020 after FDA reopened the comment period for 
the proposed rule.

DATES: The proposed rule published May 20, 2005 (70 FR 29214) is 
withdrawn as of March 1, 2023.

FOR FURTHER INFORMATION CONTACT: Jennifer Shemansky, Center for Food 
Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 
5001 Campus Dr., College Park, MD 20740, 240-402-2371; Deirdre Jurand, 
Center for Food Safety and Applied Nutrition, Office of Regulations and 
Policy (HFS-024), Food and Drug Administration, 5001 Campus Dr., 
College Park, MD 20740, 240-402-2378; or Rachel Edelstein, Office of 
Policy and Program Development, Food Safety and Inspection Service, 
1400 Independence Ave. SW, Washington, DC 20250, (202) 205-0495.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 20, 2005 (70 
FR 29214), FDA and FSIS jointly issued a proposed rule entitled ``Food 
Standards; General Principles and Food Standards Modernization'' as a 
first step in instituting a process to modernize FDA definitions and 
standards of identity (and standards of quality and fill of container) 
consistent with section 401 of the Federal Food, Drug, and Cosmetic Act 
(FD&C Act) (21 U.S.C. 341) and FSIS' definitions and standards of 
identity or composition under the Federal Meat Inspection Act and the 
Poultry Products Inspection Act (21 U.S.C. 607(c) and 457(b)). The 
proposed rule included general principles that FDA and FSIS intended to 
consider when determining whether to establish, revise, or eliminate a 
food standard. FSIS and FDA received more than 30 comments on the 
proposal.
    FDA held public meetings in July 2018 on the Nutrition Innovation 
Strategy (83 FR 30180), and in September 2019 on Horizontal Approaches 
to Food Standards of Identity Modernization (84 FR 45497). Given how 
much time had passed since the proposed rule's publication, 
stakeholders recommended that FDA reopen the proposed rule's comment 
period to allow the public the opportunity to provide data and other 
information on changes that have occurred in manufacturing, food 
technology, market trends, and nutrition science that FDA should 
consider when determining next steps for the proposed rule. In 
response, FDA reopened the comment period for FDA-specific aspects of 
the proposed rule, including the 13 general principles, in the Federal 
Register of February 21, 2020 (85 FR 10107). Many comments in response 
to the reopening suggested that the general principles be revised and 
consolidated to make the principles easier to understand and implement. 
We agree with the comments, and so FDA and FSIS are withdrawing the 
proposed rule to reconsider how best to approach general principles and 
food standards modernization to ensure any future revised general 
principles are consistent with the Federal Meat Inspection Act, the 
Poultry Products Inspection Act, and the FD&C Act.

Robert M. Califf,
Commissioner of Food and Drugs.
Theresa Nintemann,
Deputy Administrator, FSIS.
[FR Doc. 2023-04114 Filed 2-28-23; 8:45 am]
BILLING CODE 4164-01-P


