AAM-36-10-00005-P Definitions, Standards of Identity and Enrichment and Requirements for Labeling and Packaging of Food

9/8/10 N.Y. St. Reg. AAM-36-10-00005-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 36

September 08, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-36-10-00005-P

Definitions, Standards of Identity and Enrichment and Requirements for Labeling and Packaging of Food

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Parts 250, 252, 259; and sections 261.8, 262.1, 265.1, 266.1, 267.1, 271-4.7, 271-5.3(h), (j), 271-5.4(g), 272-2.1, 277.1, 279.1 and 280.1 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16(1), 18(2), (6), 214-b and 215-a

Subject:

Definitions, Standards of Identity and Enrichment and requirements for labeling and packaging of food.

Purpose:

To update the incorporations by reference with current Federal regulations.

Substance of proposed rule:

The proposed amendments to Parts 250, 252 and 259 of 1 NYCRR would conform the incorporations by reference contained in these Parts to current Federal regulations relating to definitions and standards for food and food additives and requirements for the packaging and labeling of food.

Part 250 would be amended to adopt standards of identity and/or standards of quality, and tolerances for food and food products as published in Title 21 of the Code of Federal Regulations (21 CFR), revised as of April 1, 2010. These Federal regulations establish definitions and standards for the following foods: canned fruits; canned fruit juices; fruit butters; jellies; preserves and related products; fruit pies; canned vegetables; vegetable juices; frozen vegetables; eggs and egg products; fish and shellfish; cacao products; tree nut and peanut products; nonalcoholic beverages; margarine; sweeteners and table syrups; and food dressings and flavorings. Part 250 would also be amended to adopt dietary food labeling requirements and requirements for the labeling of fresh produce treated with post-harvest wax or resin as published in 21 CFR, revised as of April 1, 2010.

Part 252 would be amended to adopt current Federal regulations in the area of food ingredients, as published in 21 CFR, revised as of April 1, 2010. These Federal regulations include the following categories of ingredients: Prior-Sanctioned Food Ingredients; Substances Generally Recognized as Safe; Direct Food Substances Affirmed as Generally Recognized as Safe; Indirect Food Substances Affirmed as Generally Recognized as Safe; and Substances Prohibited from Use in Human Food.

Part 259 would be amended to adopt current Federal regulations in the area of food packaging and labeling, as published in 21 CFR, revised as of April 1, 2010. These Federal regulations include definitions and standards for food packaging and labeling.

Section 261.8 would be amended to adopt current Federal regulations in the area of acidified foods, as published in 21 CFR, revised as of April 1, 2010.

Section 262.1 would be amended to adopt current Federal regulations in the area of processed fish, as published in 21 CFR, revised as of April 1, 2010.

Sections 265.1, 266.1 and 267.1 would be amended to adopt definitions and standards of identity for specific categories of food, as published in 21 CFR, revised as of April 1, 2010. Section 265.1 sets forth definitions and standards of identity for wheat flour, corn flour and rice, as well as for products related thereto. Section 266.1 sets forth definitions and standards of identity for macaroni and noodle products, including enriched macaroni and noodle products. Section 267.1 sets forth definitions and standards of identity for bakery products, specifically, bread, white bread, rolls, white rolls, buns and white buns, as well as enriched bread, enriched rolls and enriched buns.

Section 271-4.7 would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, in the area of lubricants not made of safe materials to prevent such lubricants from leaking or dripping on food-contact surfaces of equipment requiring such lubrication.

Section 271-5.3(h) would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, in the area of chemical sanitizing solutions.

Section 271-5.3(j) would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, governing chemical sanitizers which exceed prescribed concentrations.

Section 271-5.4 would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, requiring that chemical sanitizers shall meet the requirements of the Federal regulations.

Section 272-2.1 would be amended to require that a counter card, sign or other appropriate device bearing the names of the ingredients in the food or food product include a declaration of artificial color, flavor or chemical preservative, as set forth in 21 CFR, revised as of April 1, 2010.

Section 277.1 would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, in the area of thermally processed low acid foods packaged in hermetically sealed containers.

Section 279.1 would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, in the area of fish and fishery products.

Section 280.1 would be amended to adopt current Federal regulations, as published in 21 CFR, revised as of April 1, 2010, in the area of labeling and processing juices.

Text of proposed rule and any required statements and analyses may be obtained from:

Stephen D. Stich, Dir., Div. of Food Safety and Inspection, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Department has considered the proposed amendments to Parts 250, 252 and 259; sections 261.8, 262.1, 265.1, 266.1, 267.1, 271-4.7, 271-5.3(h), 271-5.3(j), 271-5.4(g), 272-2.1, 277.1, 279.1 and 280.1 of 1 NYCRR and has determined that this rule is a consensus rule within the meaning of section 102(11) of the State Administrative Procedure Act (SAPA).

Section 102(11) of SAPA defines consensus rule to be a rule proposed by an agency for adoption on an expedited basis pursuant to the expectation that no person is likely to object to its adoption because it merely (a) repeals regulatory provisions which are no longer applicable to any person, (b) implements or conforms to non-discretionary statutory provisions, or (c) makes technical changes or is otherwise non-controversial.

The proposed amendments to Parts 250, 252 and 259 of 1 NYCRR would update the incorporations by reference contained in these Parts with current Federal regulations, relating to definitions and standards for food and food additives and requirements for the packaging and labeling of food.

Section 261.8 would be amended to adopt current Federal regulations in the area of acidified foods.

Section 262.1 would be amended to adopt current Federal regulations in the area of processed fish.

Sections 265.1, 266.1 and 267.1 would be amended to adopt definitions and standards of identity for specific categories of food, as published in Federal regulations. Section 265.1 sets forth definitions and standards of identity for wheat flour, corn flour and rice, as well as for products related thereto. Section 266.1 sets forth definitions and standards of identity for macaroni and noodle products, including enriched macaroni and noodle products. Section 267.1 sets forth definitions and standards of identity for bakery products, specifically, bread, white bread, rolls, white rolls, buns and white buns, as well as enriched bread, enriched rolls and enriched buns.

Section 271-4.7 would be amended to adopt current Federal regulations in the area of lubricants not made of safe materials to prevent such lubricants from leaking or dripping on food-contact surfaces of equipment requiring such lubrication.

Section 271-5.3(h) would be amended to adopt current Federal regulations in the area of chemical sanitizing solutions Section 271-5.3(j) would be amended to adopt current Federal regulations governing chemical sanitizers which exceed prescribed concentrations. Section 271-5.4 would be amended to adopt current Federal regulations, requiring that chemical sanitizers shall meet the requirements of the Federal regulations.

Section 272-2.1 would be amended to require that a counter card, sign or other appropriate device bearing the names of the ingredients in the food or food product include a declaration of artificial color, flavor or chemical preservative, as set forth in Federal regulations.

Section 277.1 would be amended to adopt current Federal regulations, as published in Federal regulations, in the area of thermally processed low acid foods packaged in hermetically sealed containers.

Section 279.1 would be amended to adopt current Federal regulations, in the area of fish and fishery products.

Section 280.1 would be amended to adopt current Federal regulations, in the area of labeling and processing juices.

Additionally, the proposed amendments make technical corrections, by updating the addresses for the Department of Agriculture and Markets and the Department of State.

The food industry and consumers will benefit by the proposed amendments. Since State standards and requirements are substantially the same as the current Federal Standards and requirements, the food industry will benefit by not having to change the ingredients or the processes in the manufacturing of the products. The food industry will also benefit, in that honest competition will be promoted by the existence and enforcement of standards of identity and labeling requirements which are uniform throughout the country. Consumers will benefit, in that they will continue to be able to purchase food products which are made with the appropriate ingredients in the appropriate manner. Consumers will also continue to be able to rely on the labeling information, sufficient to enable them to make informed decisions in the market place.

Accordingly, since the proposed amendments will benefit regulated parties and the general public alike, will update the incorporations by reference to current Federal regulations and make corrections to State agency addresses, no person is likely to object to the rule as written since it makes technical changes or is otherwise non-controversial (SAPA section 101(11)(c)).

Job Impact Statement

It is anticipated that the proposed amendments will have no adverse effect on job or job opportunities in the State, due to the fact that the food industry will benefit by the proposed amendments. Since State standards and requirements are substantially the same as the current Federal standards and requirements, the food industry will benefit by not having to change the ingredients or the processes in the manufacturing of the products. Additionally, the food industry will benefit by the promotion of honest competition, made possible by the existence and enforcement of standards of identity and labeling requirements which are uniform throughout the country.