
[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]               
[Page 51610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc09-71]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0430]

 
Draft Guidance for Industry: Ingredients Declared as Evaporated 
Cane Juice; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the draft guidance entitled ``Guidance for Industry: 
Ingredients Declared as Evaporated Cane Juice.'' The intent of this 
draft guidance is to advise industry of FDA's view that the common or 
usual name for the solid or dried form of sugar cane syrup is ``dried 
cane syrup,'' and that sweeteners derived from sugar cane syrup should 
not be declared on food labels as ``evaporated cane juice'' because 
that term falsely suggests that the sweeteners are juice.

DATES:  Although you can comment on any guidance at any time (see 21 
CFR 10.115(g)(5)), to ensure that the agency considers your comment on 
the draft guidance before it begins work on the final version of the 
guidance, submit written or electronic comments on the draft guidance 
by December 7, 2009.

ADDRESSES:  Submit written comments on the draft guidance to the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic 
comments on the draft guidance to http://www.regulations.gov. Submit 
written requests for single copies of the draft guidance to Office of 
Nutrition, Labeling, and Dietary Supplements, Center for Food Safety 
and Applied Nutrition (HFS-820), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740. Send two self-addressed 
adhesive labels to assist that office in processing your request. See 
the SUPPLEMENTARY INFORMATION section for electronic access to the 
draft guidance.

FOR FURTHER INFORMATION CONTACT: Geraldine June, Center for Food Safety 
and Applied Nutrition (HFS-820), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 301-436-1802.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of the draft guidance entitled 
``Guidance for Industry: Ingredients Declared as Evaporated Cane 
Juice.'' The intent of this draft guidance is to advise the regulated 
industry of FDA's view that the term ``evaporated cane juice'' is not 
the common or usual name of any type of sweetener, including dried cane 
syrup. Because cane syrup has a standard of identity defined by 
regulation in 21 CFR 168.130, the common or usual name for the solid or 
dried form of cane syrup is ``dried cane syrup.'' This guidance is 
being issued because the term ``evaporated cane juice'' has appeared on 
a number of food labels in recent years. FDA's current policy is that 
sweeteners derived from sugar cane syrup should not be declared as 
``evaporated cane juice'' because that term falsely suggests that the 
sweeteners are juice as defined in 21 CFR 120.1(a).
    FDA is issuing this draft guidance as a level 1 draft guidance 
consistent with FDA's good guidance practices regulation (21 CFR 
10.115). The draft guidance, when finalized, will represent the 
agency's current thinking on the use of the terms ``dried cane syrup'' 
and ``evaporated cane juice'' in food labeling. It does not create or 
confer any rights for or on any person and does not operate to bind FDA 
or the public. An alternate approach may be used if such approach 
satisfies the requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding the draft 
guidance. Submit a single copy of electronic comments or two paper 
copies of any mailed comments, except that individuals may submit one 
paper copy. Comments are to be identified with the docket number found 
in brackets in the heading of this document. Received comments may be 
seen in the Division of Dockets Management between 9 a.m. and 4 p.m., 
Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance 
at http://www.fda.gov/FoodGuidances or http://www.regulations.gov.

    Dated: September 29, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-24132 Filed 10-6-09; 8:45 am]

BILLING CODE 4160-01-S
