[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68233-68236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33844]


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DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Part 246

RIN 0584-AC59


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): WIC Cereal Sugar Limit and Food Package Review

AGENCY: Food and Consumer Service, USDA.

ACTION: Notice of Intent to propose rulemaking; withdrawal.

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SUMMARY: The Department published a Federal Register Notice of Intent 
on March 18, 1996 soliciting public comments on whether the existing 
Federal 6-gram sugar limit for WIC-eligible adult cereals should be 
changed. The 90-day comment period ended on June 17, 1996. USDA 
received 731 letters from a total of 878 commenters, representing a 
wide range of interested parties. The majority--809 commenters--
expressed support for the continuation of the 6-gram sugar limit 
unchanged. In addition, several commenters suggested that USDA conduct 
a comprehensive review of the WIC food packages rather than focus on 
the single issue of the sugar content of WIC-eligible adult cereals.
    The purpose of this Notice of Intent is to summarize the public 
comments received in response to the earlier Notice of intent and to 
announce the Department's intent to review the WIC food packages and 
recommend refinements that would best serve WIC Program objectives. 
USDA's Center for Nutrition Policy and Promotion will be spearheading 
this effort in conjunction with the Food and Consumer Service. Until 
this review is completed, the Department will not make any decisions 
about whether to propose a regulatory change in the Federal sugar cap 
for WIC-eligible adult cereals. Therefore, the current requirement that 
WIC-eligible adult cereals made available to women and child 
participants must contain no more than 21.2 grams of sucrose and other 
sugars per 100 grams of dry cereal (i.e., 6 grams of sugar per dry 
ounce of cereal) remains in effect.

FOR FURTHER INFORMATION CONTACT: Barbara Hallman, Branch Chief, Policy 
and Program Development Branch, Supplemental Food Programs Division, 
Food and Consumer Service, USDA, 3101 Park Center Drive, Room 542, 
Alexandria, Virginia 22302, (703) 305-2730.

[[Page 68234]]

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This Notice of Intent has been determined to be significant for 
purposes of Executive Order 12866 and therefore has been reviewed by 
the Office of Management and Budget.

Regulatory Flexibility Act

    This action is not a rule as defined by the Regulatory Flexibility 
Act (5 U.S.C 601-612) and thus is exempt from the provisions of this 
Act.

Paperwork Reduction Act

    This Notice of Intent does not contain reporting or recordkeeping 
requirements subject to approval by the Office of Management and Budget 
in accordance with the Paperwork Reduction Act of 1995 (44 USC 3507).

Executive Order 12372

    This program is listed in the Catalog of Federal Domestic 
Assistance Programs under No. 10.557 and is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials [7 CFR part 3015, Subpart V, and final 
rule-related Notice of Intent published June 24, 1983 (48 FR 29114)].

Background

    The Department's March 18, 1996 Federal Register Notice of Intent 
provided an overview of the different WIC food packages for women and 
child participants. These packages make available adult cereals that 
contain at least 28 milligrams of iron and no more than 21.2 grams of 
sucrose and other sugars (i.e., 6 grams of sugar per dry ounce of 
cereal) per 100 grams of dry cereal. The Notice of Intent summarized 
how this 6-gram sugar limit for WIC-eligible adult cereals (hereinafter 
called ``WIC cereals'') was established as a Federal requirement in 
1980 through the rulemaking process. A complete recap of the sequence 
of events leading up to the development of the 6-gram sugar limit can 
be found in the March 18, 1996 Notice of Intent at 61 FR 10903.
    In the Notice of Intent, as part of its continuing obligation to 
assure that Federal policies governing WIC nutritional standards are 
scientifically sound, the Department asked the public to comment on 
whether the 6-gram sugar limit should be retained as a Federal 
requirement for WIC cereals. The Department indicated in the Notice of 
Intent that, with the exception of dental caries, recent scientific 
studies fail to clearly document an association between sugar 
consumption and an increased risk of developing chronic diseases. 
Therefore, the Notice of Intent solicited public comments to assist the 
Department in making a decision about whether to embark on a proposed 
change to the Federal regulations governing the sugar limit for WIC 
cereals.
    The Department encouraged commenters to respond on how the current 
WIC cereal sugar limit should be revised, if a change in regulations 
was deemed appropriate. The Notice of Intent at 61 FR 10907 cited the 
following different positions that commenters were anticipated to take 
on this issue:
    <bullet> Retain the current 6-gram sugar limit unchanged, counting 
all sugar, both naturally occurring and added, as part of the total 
sugar content of the cereal.
    <bullet> Set a new sugar limit, either higher or lower than the 
current 6-gram level.
    <bullet> Revise the 6-gram sugar limit to represent only the amount 
of sugar added during the manufacturing of a cereal, representing 
either a separate ingredient (e.g., table sugar, corn syrup, brown 
sugar, honey, and maltodextrin) or a separate component of a processed 
or man-made ingredient (e.g., marshmallow and caramel), and exclude the 
naturally occurring, inherent sugar in the cereal (e.g., sugars in 
grains, dried fruits, and nonfat dry milk).
    <bullet> Eliminate the Federal sugar limit for WIC cereals.
    The Notice of Intent further stated that commenters need not 
restrict their views to one of these options, but could also pose other 
alternatives. In addition, the Department urged commenters to discuss 
both the pros and cons of their recommendations as they specifically 
apply to the low-income, nutritionally at-risk WIC population. The 
Department also sought public views on how a change would impact WIC 
Program operations, such as the provision of nutrition education. 
Further, the Notice of Intent solicited feedback from the public on 
whether they believed that the 6-gram limit provided an adequate range 
of choices for both WIC agencies and participants, consistent with the 
nutritional purposes of the WIC Program.

Comment Analysis

    The March 18, 1996 Notice of Intent had a 90-day comment period, 
which closed on June 17, 1996. USDA received 731 letters with a 
postmark of June 17 or earlier from a total of 878 commenters. 
Commenters represented a wide range of interested parties: the WIC 
community; professional nutrition/health care providers and 
associations; members of Congress and State/local government officials; 
industry and related private support groups; public interest groups; 
and the general public. There was strong consensus among the 
overwhelming majority of commenters that the current cereal sugar limit 
continues to be appropriate for the low-income, nutritionally at-risk 
WIC population.
    Of the 878 commenters, 809 supported retaining the current 6-gram 
sugar limit for WIC cereals. Supporters included, but were not limited 
to: the 33 WIC State agency directors who responded; 28 of the other 30 
WIC State agency staff who responded; the National Association of WIC 
Directors; the 8 State/local WIC associations or coalitions that 
responded; 281 of the 308 WIC local agency directors and their staff 
who responded; 26 of 29 professional health/nutrition-related groups 
that responded, such as the American Dental Association and affiliated 
State dental societies/associations in California, Illinois, Iowa, 
Oregon, South Dakota, Texas, and Washington, the American Association 
of Public Health Dentistry, the American Dietetic Association and its 
affiliated State chapter in Maine, the Association of State and 
Territorial Public Health Nutrition Directors, the Society for 
Nutrition Education, the Association of Maternal and Child Health 
Programs, the American Public Health Association, and the American 
Academy of Pediatrics and its affiliated State chapter in Montana; 325 
of the 341 individual nutrition/health professionals (mostly dentists, 
physicians and nutritionists) who responded; 21 of 24 members of 
Congress who responded before the due date; 2 of the 3 national cereal 
manufacturers that responded; and the 17 public interest groups that 
responded, such as the Food Research and Action Center, the Center on 
Budget and Policy Priorities, the Center for Science in the Public 
Interest, Public Voice for Food and Health Policy, Bread for the World, 
and the Migrant Legal Action Program, Inc.
    Seven commenters suggested that USDA establish a lower sugar limit 
for WIC cereals. In most cases, their recommendations reflected general 
acceptance of the 6-gram sugar limit, but expressed a preference for an 
even lower sugar level. Three commenters wanted a modest 1-2 gram 
increase in the current sugar limit, or up to a maximum of 8 grams per 
dry ounce of cereal.
    Twenty-seven commenters recommended that the current 6-gram limit 
be redefined to count only the

[[Page 68235]]

added sugars and to discount naturally occurring sugars found in cereal 
grains and ingredients, such as dried fruits. This group of commenters 
included: 1 WIC State agency staff person; 21 WIC local agency 
directors or their staff; 1 professional nutrition/health-related 
group, the American Heart Association; 1 non-WIC health/research 
facility; and 3 individual nutrition/health professionals or educators.
    Twenty-six commenters favored a complete elimination of a sugar 
limit, of whom: 1 was a WIC local agency staff person; 2 represented 
the professional nutrition/health-related group known as the American 
Council on Science and Health; 7 were individual nutrition/health 
professionals or educators; 3 represented a non-WIC health/research 
facility; 12 represented the cereal, raisin or sugar industries and 
related private support groups; and 1 was a State official.
    The Department classified 11 of the commenters, including 3 members 
of Congress, as expressing ``other'' points of view for one of the 
following reasons: they did not clearly state a preference for one of 
the options concerning the WIC cereal sugar limit cited in the Notice 
of Intent; they expressed an opinion not related to any option; or they 
wrote simply to provide information or make an inquiry, rather than to 
express an opinion about the sugar limit.
    Five of the 878 commenters expressed two different positions in 
their letters (i.e., 4 commenters favored retaining or lowering the 
sugar limit and 1 commenter favored retaining or slightly raising the 
sugar limit). The dual positions of these 5 commenters were captured 
accordingly in the counts reported above.
    As of April 4, 1997, USDA had received 166 more letters, 
representing 183 commenters, that were postmarked after the June 17, 
1996 closing date. Late letters were read and considered by the 
Department, but were not included among the official counts cited above 
comprising the comment analysis. The majority of the late commenters 
expressed support for retaining the current sugar limit.

Discussion of Commenters' Opinions and Rationales

    Eight hundred and fifty seven of the total 878 commenters who 
submitted letters during the 90-day comment expressed a preference to 
either retain, revise or eliminate the sugar limit. Presented below is 
a brief annotated list of commenters' major rationales related to each 
of these positions.

Position I: Retain the 6-Gram Sugar Limit Unchanged

    Eight hundred and nine commenters expressed support for retaining 
unchanged the current sugar limit for WIC cereals. The current 6-gram 
sugar limit represents total grams of sugar contained in a 1-ounce 
serving of cereal. It includes grams of both naturally occurring and 
added sugars.
    The total number of WIC State and local agency associations, 
directors and their staff and individual nutrition/health professionals 
who responded to the Notice of Intent represented about 728 commenters, 
of which approximately 680 argued against a change in the 6-gram WIC 
cereal sugar limit. Collectively, the main rationales the 809 
commenters gave in defense of their position were:
    Rationale 1: The 6-gram sugar limit is consistent with the Dietary 
Guidelines for Americans and the Food Guide Pyramid that recommend 
moderation in sugar intake.
    Rationale 2: Including both naturally occurring and added sugar in 
the 6-gram sugar limit is consistent with the information displayed on 
Nutrition Facts panels of food labels that does not distinguish between 
naturally occurring or added sugars. Further, counting all sources of 
sugar in determining the total sugar content of a WIC cereal is 
appropriate because the human body cannot differentiate between the 
same types of sugar which are identical chemically whether they are 
naturally occurring or added.
    Rationale 3: Greater amounts of sugar in WIC cereals would offer 
few if any nutritional benefits to WIC participants.
    Rationale 4: The 6-gram sugar limit is consistent with WIC's 
mission to meet the special nutritional and health needs of a low-
income, at-risk population.
    Rationale 5: The 6-gram sugar limit represents an important 
nutrition standard for WIC foods and is relevant to WIC nutrition 
education goals.
    Rationale 6: The 6-gram sugar limit provides an adequate range of 
cereal choices for WIC participants and State agencies.
    Rationale 7: Numerous USDA reviews over several years (see 61 FR 
10905) have concluded that the 6-gram sugar limit is an appropriate WIC 
food requirement.

Position II: Revise the 6-Gram Sugar Limit to Count Only Added Sugars

    Twenty-seven commenters recommended that the 6-gram sugar limit be 
redefined to count only added sugars and exempt naturally occurring 
sugars in the grains and dried fruit ingredients. Collectively, the 
main rationales these 27 commenters gave in defense of their position 
were:
    Rationale 1: Redefining the 6-gram sugar limit, to enable more 
cereals containing dried fruits to become WIC eligible, would be 
consistent with the Dietary Guidelines recommendation concerning eating 
more fruits and vegetables.
    Rationale 2: Redefining the 6-gram sugar limit would increase the 
variety of WIC cereals and dried fruit adds beneficial nutrients to 
cereals, such as dietary fiber, magnesium and zinc.

Position III: Eliminate the 6-Gram Sugar Limit for WIC Cereals

    Twenty-six commenters stated that the current sugar limit for WIC 
cereals should be abolished. Collectively, the main rationales these 26 
commenters gave in defense of their position were:
    Rationale 1: The 6-gram sugar limit restricts the variety of WIC 
cereals and is inconsistent with newer research findings indicating 
that sugar consumption is not clearly associated with an increased risk 
of chronic diseases, except dental caries.
    Rationale 2: The 6-gram sugar limit is arbitrary and capricious and 
is not based upon scientific evidence.

Conclusion

    The Department would like to express its appreciation to all of the 
commenters who responded to the March 18, 1996 Notice of Intent to 
share their insights and views about this issue. Several commenters 
expressing various positions on the sugar limit suggested that rather 
than focusing on only one requirement of the WIC foods, i.e., the sugar 
restriction for WIC cereals, USDA should consider whether all of the 
nutritional aspects of the WIC food packages are still appropriate for 
the WIC population. Therefore, USDA has decided to conduct a review of 
the overall WIC food packages. This review will examine the WIC food 
packages and recommend refinements that would best serve WIC Program 
objectives. The review will assure that the WIC food packages are 
consist with the fourth edition of the Dietary Guidelines for Americans 
jointly published by USDA and the U.S. Department of Health and Human 
Services in 1995, which was issued subsequent to the last review of the 
WIC food packages completed in 1992. Choosing a diet moderate in sugar 
content represents just one of the seven primary recommendations of the 
Dietary Guidelines. The Department believes that a more comprehensive 
assessment of the WIC food packages would be prudent at this time.

[[Page 68236]]

    The USDA Center for Nutrition Policy and Promotion will be 
spearheading this effort in conjunction with the Food and Consumer 
Service. The Department expects to complete the WIC food package review 
by the summer of 1998. Until this review is completed, the Department 
will not make any decisions about whether to propose a regulatory 
change in the Federal sugar limit for WIC cereals. Consequently, the 
current Federal requirement that WIC cereals (hot or cold) made 
available to women and child participants must contain no more than 
21.2 grams of sucrose and other sugars per 100 grams of dry cereal 
(i.e., 6 grams of sugar per dry ounce of cereal) remains in effect for 
an indefinite period of time.

    Dated: December 17, 1997.
Shirley R. Watkins,
Under Secretary, Food, Nutrition and Consumer Services.
[FR Doc. 97-33844 Filed 12-30-97; 8:45 am]
BILLING CODE 3410-30-U