G/TBT/N/USA/2042  
28 August 2023  
(23-5771) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Food and Drug Administration (FDA), Health and Human Services (HHS) [2073]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the no tification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Canned 
tuna; Quality (ICS code(s): 03.120); Fish and fishery products (ICS code(s): 67.120.30)  
5. Title, number of pages and language(s) of the notified document:  Fish and 
Shellfish; Canned Tuna Standard of Identity and Standard of Fill of Container; (11 
page(s), in English)  
6. Descriptio n of content:  Proposed rule - The Food and Drug Administration (FDA or we) 
is proposing to amend the standard of identity and standard of fill of container for canned 
tuna. This action partially responds to a citizen petition submitted by Bumble Bee Foods,  
LLC, StarKist Co., and Tri Union Seafoods, LLC (doing business as Chicken of the Sea 
International). We tentatively conclude that this action, if finalized, will promote honesty 
and fair dealing in the interest of consumers.  
7. Objective and rationale, i ncluding the nature of urgent problems where 
applicable:  Protection of human health or safety; Quality requirements; Harmonization; 
Cost saving and productivity enhancement  
8. Relevant documents:   
88 Federal Register (FR) 58157, 25 August 2023; Title 21 Code of Federal Regulations 
(CFR) Part 161 : 
https://www.govinfo.gov/content/pkg/FR -2023-08-25/html/2023 -17916.htm  
https://www.govinfo.gov/content/pkg/FR -2023-08-25/pdf/2023 -17916.pdf  
This proposed rule is identified by Docket Number FDA -2016-P-0147. The Docket Folder 
is available on Regulations.gov at https://www.regulations.gov/docket/FDA -2016-P-
0147/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible fr om Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit comments G/TBT/N/USA/2042  
 
- 2 - 
 
  to the USA TBT Enquiry Po int by or before 4pm Eastern Time  on 24 November 2023. 
Comment s received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  24 November 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/20 23/TBT/USA/23_12051_00_e.pdf