This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

58799

Vol. 69, No. 190

Friday, October 1, 2004

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 317 and 381 

[Docket No. 00–046F] 

RIN 0583–AD07 

Nutrition Labeling: Nutrient Content 

Claims on Multi-Serve, Meal-Type Meat 

and Poultry Products

AGENCY: Food Safety and Inspection 

Service, USDA.

ACTION: Final rule.

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

its nutrition labeling regulations to 

change the definition of ‘‘meal-type’’ 

products to allow for nutrient content 

claims on multiple-serve food 

containers, to adopt the definition of 

‘‘main dish’’ used by the Food and Drug 

Administration (FDA), and to define 

how meal-type products and main 

dishes should be nutrition labeled. The 

change in the definition of meal-type 

products will allow nutrient content 

claims on qualifying products to be 

based on 100 grams of product rather 

than on the serving size, which is based 

on the Reference Amounts Customarily 

Consumed (RACCs) for the food 

components. These actions are in 

response to a petition filed by ConAgra, 

Inc. (the petitioner). The changes will 

help to ensure that FSIS’ nutrition 

labeling regulations are parallel, to the 

maximum extent possible, to the 

nutrition labeling regulations of FDA, 

which were promulgated under the 

Nutrition Labeling and Education Act 

(NLEA) of 1990.

EFFECTIVE DATE: Effective on November 

30, 2004.

FOR FURTHER INFORMATION CONTACT:

Robert C. Post, Ph.D., Director, Labeling 

and Consumer Protection Staff, Office of 

Policy, Program and Employee 

Development, FSIS, at (202) 205–0279 

or by fax at (202) 205–3625.

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Meat Inspection Act (21 

U.S.C. 601 et seq.) and the Poultry 

Products Inspection Act (21 U.S.C. 451 

et seq.) authorize the Secretary of 

Agriculture to establish and maintain 

inspection programs designed to assure 

consumers that meat and poultry 

products distributed in commerce are 

wholesome, not adulterated, and 

properly marked, labeled, and packaged. 

FSIS regulates the labeling of meat and 

poultry products, and FDA has 

responsibility for all other food labeling. 

In January of 1993, FSIS and FDA 

published their final rules on nutrition 

labeling. Both agencies amended their 

respective regulations to (1) Require 

either mandatory or voluntary nutrition 

labeling on most of the food products 

they regulate; (2) revise the list of 

required nutrients and food 

components; (3) specify a new format 

for declaring the nutrients and food 

components in nutrition labeling; (4) 

permit specific products to be exempt 

from nutrition labeling; (5) establish 

RACCs specific for food categories; and 

(6) prescribe a simplified form of 

nutrition labeling and the conditions 

under which such labeling may be used. 

In order for persons to use the 

nutrition information to construct 

healthy diets that include products from 

across the food supply, the two agencies 

recognized that the regulations need to 

be as consistent as possible. There was 

overwhelming support for FSIS to 

proceed with the adoption of FDAdefined nutrient content claims, 

including adopting a constant value of 

100 grams for comparison of nutrient 

content claims on meal-type products. 

As a result, both agencies issued 

regulations establishing, as nearly 

uniform as possible, definitions for 

nutrient content claims to allow 

consumers to make valid comparisons 

among food product categories. 

In addition, the agencies participated 

in the Interagency Committee on 

Serving Sizes to jointly establish the 

RACCs for foods and the criteria for 

converting RACCs to serving sizes in 

common household measures. The final 

FSIS rule, among other things, 

established RACCs for 23 meat (9 CFR 

317.312(b)) and 22 poultry product 

categories (9 CFR 381.412(b)). These 

RACCs were calculated to reflect the 

amount of food, including snacks, 

dinners, and condiments, that persons 

four years of age and older customarily 

consume. These calculations were based 

on consumption survey data and on 

data used by food manufacturers and 

grocers. RACCs are designed to be used 

by food companies as the basis for 

determining the serving sizes for 

nutrition labeling of their products. 

Nutrient content claims for both FDA 

and FSIS are composed of two defined 

parts: The amount (weight) of the 

nutrient and the amount (generally a 

serving) of food in which the nutrient is 

found. If the food is considered to be an 

individual food, the amount of food (a 

serving) is represented as the RACC for 

the food category. If the food is a mealtype product, the amount of food is 

measured by weight, i.e., 100 grams. If 

a ‘‘low-fat’’ or ‘‘healthy’’ claim is used, 

the amount of fat is limited to a 

maximum of 3 grams per RACC for 

individual foods and 3 grams per 100 

grams of product for meal-type 

products. 

However, FSIS and FDA have 

established different criteria for what 

constitutes a meal. FSIS defined a 

‘‘meal-type’’ product (9 CFR 317.313(l) 

and 381.413(l)) as a product for 

consumption by one person on one 

eating occasion that constitutes the 

major portion of a meal. For purposes of 

making a nutrition claim, a meal-type 

product must (1) make a significant 

contribution to the diet by weighing at 

least 6 ounces, but no more than 12 

ounces per serving (container); (2) 

contain ingredients from two or more 

food groups, depending on the weight of 

the product; and (3) represent, or be in 

a form commonly understood to be, a 

meal (breakfast, dinner, etc). In 

addition, the serving size for meal-type 

products is defined as the entire content 

(edible portion only) of the package, i.e., 

single-serve container.

FDA defined a ‘‘meal-type’’ product 

(21 CFR 101.13(l)) for the purpose of 

making a claim as a product that makes 

a major contribution to the total diet by 

(1) weighing at least 10 ounces per 

labeled serving; (2) containing not less 

than three 40-gram portions of food or 

combinations of foods from two or more 

of the four food groups; and (3) 

representing, or being in a form 

commonly understood to be, a meal 

58800 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

(breakfast, dinner, etc). FDA’s 

regulations do not restrict the use of the 

meal-type product claims to single-serve 

containers. 

FDA also defined a ‘‘main-dish’’

product (21 CFR 101.13(m)) for the 

purpose of making a claim as a food that 

makes a major contribution to the meal 

by (1) weighing at least 6 ounces per 

labeled serving; (2) containing not less 

than 40 grams of food, or combinations 

of foods from at least two of four food 

groups; and (3) representing, or being in 

the form commonly understood to be, a 

main dish (i.e., not a beverage or 

dessert). FSIS regulations do not define 

a ‘‘main-dish’’ product. 

FSIS’ and FDA’s rationale for 

allowing different criteria to serve as the 

basis for evaluating nutrient content 

claims on meal-type products versus 

other types of foods is that meal-type 

products have potentially large 

variations in amounts customarily 

consumed, and the average serving size 

would not be an appropriate basis for 

comparison of nutrients. Rather, a 

constant value of 100 grams was 

determined to be an appropriate basis. 

FSIS further reasoned that restricting 

this category to a single-serving criterion 

and requiring that products within the 

category be represented as a meal would 

adequately distinguish these products 

from other similarly formulated 

products. 

ConAgra’s Petition 

In September 1998, ConAgra 

petitioned FSIS to amend the definition 

of ‘‘meal-type’’ products in its 

regulations to allow nutrient content 

claims on multi-serve food containers 

based on the same criteria as for meals 

that are sold in single-serving 

containers. Specifically, the petitioner 

sought an amendment of the definition 

of ‘‘meal’’ (9 CFR 317.313(l)) to include 

product in multiple-serving containers 

in the general principles (9 CFR 

317.313) and the ‘‘healthy’’ regulations 

(9 CFR 317.363). FSIS’ initial response 

was that the few changes requested by 

the petitioner would not be sufficient to 

address all of the issues and amend the 

regulations so that manufacturers can 

make consistent nutrition content 

claims on multi-serve containers. FSIS 

requested that the petitioner provide 

additional data to justify the changes it 

was seeking and clearly state the need 

for consistent definitions for main-dish 

and meal-type products that do not 

compromise the established RACCs for 

food products and that are consistent 

with the intent of the NLEA. 

In 2001, FSIS concluded that more 

conclusive data submitted by the 

petitioner indicated that there was a 

market for multi-serve meals that did 

not exist in 1993 when the nutrition 

labeling regulations were issued. 

Because of the increasing popularity of 

multi-serve meals and evidence that a 

significant number of consumers were 

purchasing such meals, FSIS said it was 

prepared to consider changing the 

regulatory definition of ‘‘meal-type’’

products and allowing nutrient content 

claims based on a 100 gram criterion as 

long as there are no established RACCs 

for the food product category in 

question. It also said that consistency in 

nutrient content claims and criteria for 

RACCs for all meat and poultry 

products must be maintained in 

accordance with the regulations. The 

Agency noted that if Federal regulations 

regarding the basis on which nutrient 

content claims are made are modified 

for consistency, FSIS and FDA need 

identical definitions for what 

constitutes a meal and a main-dish 

product. FSIS granted the petition in 

September 2001. The petition and 

supporting documentation are available 

in the FSIS Docket Room (see

ADDRESSES) and on the FSIS Web site at 

http://www.fsis.usda.gov.

Response to Comments 

The proposed rule was published in 

the Federal Register on April 16, 2003 

(68 FR 18560–65). The public comment 

period of the proposed rule closed on 

June 16, 2003. Four comments were 

received. All of the respondents 

supported the proposal because it 

increased the regulatory consistency 

between FSIS and FDA on nutrient 

content claims, and it would benefit 

consumers by permitting them to choose 

from more healthy food options. 

Several respondents commented that, 

with this change, FSIS has positioned 

meat and poultry meals as being as 

nutritious as similar products regulated 

by FDA. The commenters further stated 

that the FSIS regulations will no longer 

promote the idea of good versus bad 

foods, and that the change will 

eliminate nutrient content claims based 

on the packaging format instead of the 

product formulation. 

While it is true that some consumers 

tend to infer that multi-serve and other 

products are nutritionally inferior if 

they lack the claims that other products 

have, FSIS has never promoted a good 

food/bad food policy. 

The commenters asserted that the 

change will be an incentive for 

manufacturers to provide more low-fat 

or healthy meal options. FSIS agrees. In 

addition, the consistency in the nutrient 

claim criteria will benefit consumers by 

providing them with additional tools 

and guidance for adhering to a low-fat 

diet at a more favorable cost. 

We are adopting the proposed rule as 

final but are making some minor 

editorial changes to conform the 

existing regulations with this final rule. 

In addition, although discussed in the 

preamble of the proposed rule, the 

definition of ‘‘main-dish’’ was 

inadvertently omitted in the regulatory 

changes of the proposed rule to Part 317 

of the meat regulations (but was 

included in Part 381 of the proposed 

rule’s regulatory changes to the poultry 

regulations). In the final rule, paragraph 

(m) of section 317.383 of the meat 

regulations contains the definition of 

main-dish.

Costs and Benefits Associated With the 

Rule 

No significant cost impact is seen as 

a result of this final rule. All costs 

would be borne by industry, which 

petitioned for the change. The only 

labels that would be affected would be 

those of multi-serve, meal-type products 

above 6 ounces that would be able to 

bear nutrient content claims. The 

Agency believes that no more than 300 

products currently on the market will be 

affected by the change. Therefore, the 

expected additional labeling costs 

would be nominal for the industry. 

A more consistent format across 

similar food products will be of benefit 

to consumers, who will be able to make 

more informed choices in their food 

purchases. Consumers report that they 

are experiencing some confusion about 

how some food products are labeled, 

and why some packages bear claims 

specifying the nutrient content of the 

product and others do not. 

The Final Rule 

The final rule will provide consumers 

of meat and poultry products with 

consistency in nutrition labeling with 

FDA’s requirements by amending 

§ 317.309 and the parallel poultry 

regulations at § 381.409 to provide for 

the nutrition labeling of multi-serve 

meal-type products and of main-dish 

products. The final rule also will amend 

§ 317.313(l) and § 317.313(m) and the 

parallel poultry regulations at 

§ 381.413(l) and § 381.413(m) by 

revising the definitions of a ‘‘meal-type’’

product and adding a ‘‘main-dish’’

product for the purpose of making a 

claim on the packaging of the food 

products. In addition, this rule will 

amend the individual nutrient content 

claim regulations for both meat and 

poultry products at 9 CFR 317.313(l) 

and (m) and 9 CFR §§ 381.413 (l) and 

(m). 

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58801

FSIS’ paramount objectives in 

considering this modification of its 

nutrition labeling regulations were that 

the changes not undermine the basic 

principles or intent of the misbranding 

provisions of the Federal Meat 

Inspection Act and the Poultry Products 

Inspection Act, and that such 

modifications would result in labels that 

would not mislead consumers or create 

unfair marketing advantages for any 

segment of the food industry. The 

Agency also was concerned about 

extending the use of the 100-gram 

criterion for nutrient content claims to 

include products not in single-serve 

containers. Although useful, the 100-

gram criterion does not provide nutrient 

information to consumers that is as 

definitive as the amount of nutrient per 

RACC. 

However, in the interests of 

maintaining consistency between FSIS 

and FDA and of providing incentives to 

industry to develop more less-caloric 

yet economical meals and main dish 

products in multi-serve containers that 

would qualify for nutrient content 

claims, FSIS is making changes in its 

nutrition labeling regulations. The 

Agency believes that consumers will 

benefit from the information on the 

containers of products that were 

formulated to qualify to bear such 

claims. 

Executive Order 12866 and the 

Regulatory Flexibility Act 

This final rule has been determined to 

be not economically significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. FSIS 

is responding to an industry petition for 

a labeling change affecting 

approximately 300 food products. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. When this rule becomes 

final: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Effect on Small Entities 

The Administrator, FSIS, has made a 

determination that this final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. This rule will change the 

definition of ‘‘meal-type’’ products to 

allow for nutrient content claims based 

on 100 grams of product on multi-serve 

food containers and adopt FDA’s 

definition of ‘‘main-dish’’ products; 

however, it will not require anyone to 

change their labeling. 

Paperwork Requirements 

This rule has been reviewed under the 

Paperwork Reduction Act and imposes 

no new paperwork or recordkeeping 

requirements. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that the public and in particular 

minorities, women, and persons with 

disabilities, are aware of this final rule, 

FSIS will announce it on-line through 

the FSIS Web page located at http://

www.fsis.usda.gov.

The Regulations.gov website is the 

central online rulemaking portal of the 

United States government. It is being 

offered as a public service to increase 

participation in the Federal 

government’s regulatory activities. FSIS 

participates in Regulations.gov and will 

accept comments on documents 

published on the site. The site allows 

visitors to search by keyword or 

Department or Agency for rulemakings 

that allow for public comment. Each 

entry provides a quick link to a 

comment form so that visitors can type 

in their comments and submit them to 

FSIS. The Web site is located at

http://www.regulations.gov.

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, recalls, and other 

types of information that could affect or 

would be of interest to our constituents 

and stakeholders. The update is 

communicated via Listserv, a free e-mail 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The update 

also is available on the FSIS web page. 

Through Listserv and the web page, 

FSIS is able to provide information to a 

much broader, more diverse audience.

List of Subjects 

9 CFR Part 317 

Food labeling, Food packaging, Meat 

inspection, Nutrition. 

9 CFR Part 381 

Food labeling, Food packaging, 

Nutrition, Poultry and poultry products

The Final Rule

■ For the reasons discussed in the 

preamble, FSIS is amending 9 CFR, Parts 

317 and 381, as follows:

PART 317—LABELING, MARKING 

DEVICES AND CONTAINERS

■ 1. The authority citation for 9 CFR part 

317 continues to read as follows:

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53.

■ 2. Section 317.309 is amended as 

follows:

■ a. By removing the phrase ‘‘and meal 

type products’’ in paragraph (b)(7)(iv).

■ b. By revising paragraph (b)(12) to read 

as follows:

§ 317.309 Nutrition label content.

* * * * *

(b) * * * 

(12) The serving size for meal-type 

products and main-dish products as 

defined in § 317.313(l) and § 317.313(m) 

in single-serving containers will be the 

entire edible content of the package. 

Serving size for meal-type products and 

main-dish products in multi-serve 

containers will be based on the 

reference amount applicable to the 

product in § 317.312(b) if the product is 

listed in § 317.312(b). Serving size for 

meal-type products and main-dish 

products in multi-serve containers that 

are not listed in § 317.312(b) will be 

based on the reference amount 

according to § 317.312(c), (d), and (e).

* * * * *

■ 3. Section 317.313 is amended by 

revising paragraph (l) and by adding 

paragraph (m) to read as follows:

§ 317.313 Nutrient content claims; general 

principles.

* * * * *

(l) For purposes of making a claim, a 

‘‘meal-type’’ product will be defined as 

a product that: 

(1) Makes a major contribution to the 

diet by: 

(i) Weighing at least 10 ounces per 

labeled serving; and 

(ii) Containing not less than three 40 

gram portions of food, or combinations 

of foods, from two or more of the 

following four food groups, except as 

noted in paragraph (l)(1)(ii)(E) of this 

section: 

(A) Bread, cereal, rice, and pasta; 

(B) Fruits and vegetables; 

(C) Milk, yogurt, and cheese; 

(D) Meat, poultry, fish, dry beans, 

eggs, and nuts; except that: 

(E) These foods will not be sauces 

(except for foods in the four food groups 

in paragraph (l)(1)(ii)(A) through (D) of 

this section, that are in the sauces), 

58802 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

gravies, condiments, relishes, pickles, 

olives, jams, jellies, syrups, breadings, 

or garnishes; and 

(2) Is represented as, or is in the form 

commonly understood to be, a breakfast, 

lunch, dinner, meal, or entre. Such 

representations may be made by 

statements, photographs, or vignettes. 

(m) For purposes of making a claim, 

a main-dish product will be defined as 

a food that: 

(1) Makes a major contribution to the 

meal by: 

(i) Weighing at least 6 ounces per 

labeled serving; and 

(ii) Containing not less than 40 grams 

of food, or combinations of foods, from 

two or more of the following four food 

groups, except as noted in paragraph 

(m)(1)(ii)(E) of this section. 

(A) Bread, cereal, rice, and pasta; 

(B) Fruits and vegetables; 

(C) Milk, yogurt, and cheese; 

(D) Meat, poultry, fish, dry beans, 

eggs, and nuts; except that: 

(E) These foods will not be sauces 

(except for foods in the four food groups 

in paragraph (m)(l)(ii)(A) through (D) of 

this section, that are in the sauces), 

gravies, condiments, relishes, pickles, 

olives, jams, jellies, syrups, breadings, 

or garnishes; and 

(3) Is represented as, or is in a form 

commonly understood to be, a main 

dish (e.g., not a beverage or dessert). 

Such representations may be made by 

statements, photographs, or vignettes.

* * * * *

§ 317.354 [Amended]

■ 4. Section 317.354 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 317.313(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(1), 

(e)(1) and (e)(2).

■ b. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as described in 

§ 317.313(l)’’ in the introductory text of 

paragraph (c)(1).

■ c. By adding the phrase ‘‘and maindish product as defined in § 317.313(m)’’

after the phrase ‘‘meal-type product as 

defined in § 317.313(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(2) and (c)(2).

■ (d) By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘mealtype product’’ in paragraphs (d)(1) and 

(e)(2)(ii)(B).

§ 317.356 [Amended]

■ 5. Section 317.356 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 317.313(l)’’, whenever it occurs in 

paragraph (b) introductory text and 

paragraph (c)(3).

■ b. By adding the phrase ‘‘and maindish product as defined in § 317.313(m)’’

after the phrase ‘‘meal-type product as 

defined in § 317.313(l)’’, whenever it 

occurs in paragraph (d)(1) introductory 

text and paragraph (d)(2)(i).

§ 317.360 [Amended]

■ 6. Section 317.360 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 317.313(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), and (c)(4).

■ b. By adding the phrase ‘‘and maindish product as defined in § 317.313(m)’’

after the phrase ‘‘meal-type product as 

defined in § 317.313(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), and (c)(5).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’ in paragraph (c)(1)(i).

§ 317.361 [Amended]

■ 7. Section 317.361 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m),’’ after the phrase ‘‘mealtype products as defined in 

§ 317.313(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), and (b)(6).

■ b. By adding the phrase ‘‘and maindish product as defined in § 317.313(m)’’

after the phrase ‘‘meal-type product as 

defined in § 317.313(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), and (b)(7).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’ in paragraph (b)(1)(i).

§ 317.362 [Amended]

■ 8. Section 317.362 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 317.313(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), (c)(2), (c)(4), (d)(2), (d)(4), (e)(1), 

and (e)(2).

■ b. By adding the phrase ‘‘and maindish product as defined in § 317.313(m)’’

after the phrase ‘‘meal-type product as 

defined in § 317.313(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), (c)(3), (c)(5), 

(d)(1)(i), (d)(1)(iii), (d)(3), and (d)(5).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’, in paragraphs (b)(1)(i) 

and (c)(1)(i).

§ 317.363 [Amended]

■ 9. Section 317.363 is amended as 

follows:

■ a. By adding the phrase ‘‘main-dish 

product, as defined in § 317.313(m), and 

before the phrase ‘‘a meal-type product, 

as defined in § 317.313(l)’’ in the 

introductory text of paragraph (b)(2)(i) 

and (b)(3)(i).

■ b. By removing the phrase ‘‘meal-type 

product, as defined in § 317.313(l),’’ and 

adding the phrase ‘‘main-dish product, 

as defined in § 317.313(m),’’ in its place 

in paragraph (b)(4)(i) and by removing 

the phrase ‘‘meal-type products that 

weigh at least 6 oz. but’’ and adding the 

phrase ‘‘main-dish products that weigh’’

in its place in paragraph (b)(4)(i).

■ c. By removing the phrase ‘‘and 

including meal-type products that weigh 

10 oz. or more per serving (container),’’

in paragraph (b)(4)(ii).

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS

■ 10. The authority citation for Part 381 

continues to read as follows:

Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 

451–470; 7 CFR 2.18, 2.53.

■ 11. Section 381.409 is amended as 

follows:

■ a. By removing the phrase ‘‘and mealtype products’’ in paragraph (b)(7)(iv).

■ b. By revising paragraph (b)(12) to read 

as follows:

§ 381.409 Nutrition label content.

* * * * *

(b) * * *

(12) The serving size for meal-type 

products and main-dish products as 

defined in § 381.413(l) and § 381.413 

(m) in single-serve containers will be 

the entire edible content of the package. 

Serving size for meal-type products and 

main-dish products in multi-serve 

containers will be based on the 

reference amount applicable to the 

product in § 381.412(b) if the product is 

listed in § 381.412(b). Serving size for 

meal-type products and main-dish 

products in multi-serve containers that 

are not listed in § 381.412(b) will be 

based on the reference amount 

according to § 381.412(c), (d), and (e).

* * * * *

■ 12. Section 381.413 is amended by 

revising paragraph (1) and by adding 

paragraph (m) to read as follows:

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58803

§ 381.413 Nutrient content claims; general 

principles.

* * * * *

(1) For purposes of making a claim, a 

‘‘meal-type’’ product will be defined as 

a product that: 

(1) Makes a major contribution to the 

diet by: 

(i) Weighing at least 10 ounces per 

labeled serving; and 

(ii) Containing not less than three 40 

gram portions of food, or combinations 

of foods, from two or more of the 

following four food groups, except as 

noted in paragraph (l)(1)(ii)(E) of this 

section: 

(A) Bread, cereal, rice, and pasta; 

(B) Fruits and vegetables; 

(C) Milk, yogurt, and cheese; 

(D) Meat, poultry, fish, dry beans, 

eggs, and nuts; except that: 

(E) These foods will not be sauces 

(except for foods in the four food groups 

in paragraph (l)(1)(ii)(A) through (D) of 

this section, that are in the sauces), 

gravies, condiments, relishes, pickles, 

olives, jams, jellies, syrups, breadings, 

or garnishes; and 

(2) Is represented as, or is in the form 

commonly understood to be, a breakfast, 

lunch, dinner, meal, or entre`e. Such 

representations may be made by 

statements, photographs, or vignettes. 

(m) For purposes of making a claim, 

a ‘‘main-dish’’ product will be defined 

as a food that: 

(1) Makes a major contribution to the 

meal by: 

(i) Weighing at least 6 ounces per 

labeled serving; and 

(ii) Containing not less than 40 grams 

of food, or combinations of foods, from 

two or more of the following four food 

groups, except as noted in paragraph 

(m)(1)Iii)(E) of this section. 

(A) Bread, cereal, rice, and pasta; 

(B) Fruits and vegetables; 

(C) Milk, yogurt, and cheese; 

(D) Meat, poultry, fish, dry beans, 

eggs, and nuts; except that: 

(E) These foods will not be sauces 

(except for foods in the four food groups 

in paragraph (m)(1)(ii)(A) through (D) of 

this section, that are in the sauces), 

gravies, condiments, relishes, pickles, 

olives, jams, jellies, syrups, breadings, 

or garnishes; and

(2) Is represented as, or is in a form 

commonly understood to be, a main 

dish (e.g., not a beverage or a dessert). 

Such representations may be made by 

statements, photographs, or vignettes.

* * * * *

§ 381.454 [Amended]

■ 13. Section 381.454 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 381.413(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 381.413(l)’’, wherever it occurs in the 

introductory text of paragraphs (b)(1), 

(e)(1), and (e)(2).

■ b. By adding the phrase ‘‘and maindish products as defined in 

§ 317.313(m)’’ after the phrase ‘‘mealtype products as described in 

§ 317.413(l)’’, of paragraph (c)(1).

■ c. By adding the phrase ‘‘and maindish product as defined in § 381.413(m)’’

after the phrase ‘‘meal-type product as 

defined in § 381.413(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(2) and (c)(2).

■ d. By adding the phrase ‘‘or in a maindish product’’ after the phrase ‘‘mealtype product’’ in paragraphs (d)(1) and 

(e)(2)(ii)(B).

§ 381.456 [Amended]

■ 14. Section 381.456 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 381.413(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 318.413(l)’’, whenever it occurs in 

paragraph (b) introductory text and 

paragraph (c)(3).

■ b. By adding the phrase ‘‘and maindish product as defined in § 381.413(m)’’

after the phrase ‘‘meal-type product as 

defined in § 381.413(l)’’, whenever it 

occurs in paragraph (d)(1) introductory 

text and paragraph (d)(2)(i).

§ 381.460 [Amended]

■ 15. Section 381.460 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 318.413(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 381.413(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), and (c)(4).

■ b. By adding the phrase ‘‘and maindish product as defined in § 381.413(m)’’

after the phrase ‘‘meal-type product as 

defined in § 381.413(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), and (c)(5).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’ in paragraph (c)(1)(i).

§ 381.461 [Amended]

■ 16. Section 381.461 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 381.413(m),’’ after the phrase ‘‘mealtype products as defined in 

§ 381.413(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), and (b)(6).

■ b. By adding the phrase ‘‘and maindish product as defined in § 381.413(m)’’

after the phrase ‘‘meal-type product as 

defined in § 381.413(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), and (b)(7).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’ in paragraph (b)(1)(i).

§ 381.462 [Amended]

■ 17. Section 381.462 is amended as 

follows:

■ a. By adding the phrase ‘‘and maindish products as defined in 

§ 381.413(m)’’ after the phrase ‘‘mealtype products as defined in 

§ 381.413(l)’’, whenever it occurs in the 

introductory text of paragraphs (b)(2), 

(b)(4), (c)(2), (c)(4), (d)(2), (d)(4), (e)(1) 

and (e)(2).

■ b. By adding the phrase ‘‘and maindish product as defined in § 381.413(m)’’

after the phrase ‘‘meal-type product as 

defined in § 381.413(l)’’, whenever it 

occurs in the introductory text of 

paragraphs (b)(3), (b)(5), (c)(3), (c)(5), 

(d)(1)(i), (d)(1)(iii), (d)(3), and (d)(5).

■ c. By adding the phrase ‘‘or a maindish product’’ after the phrase ‘‘a mealtype product’’, in paragraphs (b)(1)(i) 

and (c)(1)(i).

§ 381.463 [Amended]

■ 18. Section 381.463 is amended as 

follows:

■ a. By adding the phrase ‘‘main-dish 

product, as defined in § 381.413(m), 

and’’ before the phrase ‘‘meal-type 

product, as defined in § 381.413(l)’’ in 

the introductory text of paragraph 

(b)(2)(i) and (b)(3)(i).

■ b. By removing the phrase ‘‘meal-type 

product, as defined in § 381.413(l),’’ and 

adding the phrase ‘‘main-dish product, 

as defined in § 381.413(m),’’ in its place 

in paragraph (b)(4)(i) and by removing 

the phrase ‘‘meal-type products that 

weigh at least 6 oz. but’’ and adding the 

phrase ‘‘meal-type products that weigh’’

in its place in paragraph (b)(4)(i).

■ c. By removing the phrase ‘‘and 

including meal-type products that weigh 

10 oz. or more per serving container.’’ in 

paragraph (b)(4)(ii).

Done at Washington, DC, on: September 

27, 2004. 

Barbara J. Masters, 

Acting Administrator.

[FR Doc. 04–22028 Filed 9–30–04; 8:45 am] 

BILLING CODE 3410–DM–P