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NOTICE: NOTICES

ACTION: Small Entity Compliance Guides:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: [Docket No. FDA-1995-N-0400 (formerly Docket No. 1995N-0245), FDA-1995- N-0029 (formerly Docket No. 1995N-0282), FDA-1995-N-0224 (formerly Docket No. 1995N-0347)]

DATES: Submit written or electronic comments on the SECG at any time.

DOCUMENT SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a small entity compliance guide (SECG) for a final rule published in the Federal Register of September 23, 1997, entitled ``Food Labeling; Nutrient Content Claims; Definition for ``High Potency'' and Definition of ``Antioxidant'' for Use in Nutrient Content Claims for Dietary Supplements and Conventional Foods.'' This SECG is intended to set forth in plain language the requirements of the regulation and to help small businesses understand the regulation.

SUMMARY: Food Labeling; Nutrient Content Claims; Definition for High Potency and Definition of Antioxidant,

DOCUMENT BODY 2:
Small Entity Compliance Guide: Food Labeling; Nutrient Content Claims: Definition for ``High Potency'' and Definition of
``Antioxidant'' for Use in Nutrient Content Claims for Dietary Supplements and Conventional Foods; Availability

SUPPLEMENTAL INFORMATION

In the Federal Register of September 23, 1997 (62 FR 49868), FDA issued a final rule amending its regulations to: Define the term ``high potency'' as a nutrient content claim; define nutrient content claims using the term ``antioxidant'' (e.g., ``good source of antioxidants,'' ``high in antioxidants,'' ``more antioxidants'') and to correct an omission pertaining to the use of ``sugar free'' claims on dietary supplements. This final rule became effective March 23, 1999.\1\ \1\ FDA published a correction to the final rule in the Federal Register of October 24, 1997 (62 FR 55331). The correction was to correct a RIN number that appeared in the September 23, 1997, final rule.

FDA examined the economic implementation of the final rule as required by the Regulatory Flexibility Act (5 U.S.C. 601602) and determined that the final rule might have a significant economic impact on a substantial number of small entities. In compliance with section 212 of the Small Business Regulatory Enforcement Fairness Act (Public Law 104121), FDA is making available this SECG stating in plain language the requirements of the regulation.

FDA is issuing this SECG as level 2 guidance consistent with FDA's good guidance practices regulation (21 CFR 10.115(c)(2)). The SECG represents the agency's current thinking on this subject. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative 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 this SECG. 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. The SECG and received
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comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Governmentwide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at http://www.regulations.gov. III. Electronic Access

Persons with access to the Internet may obtain the document at http://www.cfsan.fda.gov/guidance.html.

Dated: July 10, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E816448 Filed 71708; 8:45 am]
BILLING CODE 416001S

FOR FURTHER INFORMATION CONTACT Robert J. Moore, Center for Food Safety and Applied Nutrition (HFS810), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 3014362375.