FDA Considering Amendments to New “Reference Amount Customarily Consumed” Regulation, Used to Set Serving Sizes on Nutrition Facts Label

The Food and Drug Administration (FDA) is showing a willingness to modify its recently finalized rule establishing Reference Amounts Customarily Consumed (RACCs) used to set serving sizes on the Nutrition Facts label. 

The agency announced two requests for information (RFI) inviting comments on 1) the appropriate RACC and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), and 2) products that can be used to fill cupcakes and other desserts.

FDA stated it is taking the first action on flavored nut butter spreads because it received a citizen’s petition asking that it either (a) 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 (b) amend the current regulation relating to RACCs to establish a new RACC category for “nut cocoa-based spreads” with a RACC of 1 tablespoon.

With regard to the second action on cupcake fillings, FDA stated it is responding to a comment received on the 2014 proposed rule for new RACCs 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 FDA amend serving size regulations to establish a RACC and product category for cupcake fillings. In the final rule, FDA recognized the need for a RACC for these products, but stated the agency intended to establish a RACC for the product category in a future rulemaking. The RFI is the first step towards that objective.

Comments must be submitted within 60 days beginning November 2. 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. Division of Dockets Management HFA-305 Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20852. Be sure to include docket number FDA-2016-N-2938 on each page of your written comments.

For More Information, see:

Federal Register Notice: Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments

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