Foods of Minimal Nutritional Value
The following is taken from
Appendix B of 7 CFR Part 210.
Appendix B to Part
210--Categories of Foods of Minimal Nutritional Value
(a) Foods of minimal nutritional
value--Foods of minimal nutritional value are:
(1) Soda Water--A class of beverages made by
absorbing carbon dioxide in potable water. The amount of
carbon dioxide used is not less than that which will be
absorbed by the beverage at a pressure of one atmosphere and
at a temperature of 60 deg. F. It either contains no alcohol
or only such alcohol, not in excess of 0.5 percent by weight
of the finished beverage, as is contributed by the flavoring
ingredient used. No product shall be excluded from this
definition because it contains artificial sweeteners or
discrete nutrients added to the food such as vitamins,
minerals and protein.
(2) Water Ices--As defined by 21 CFR 135.160
Food and Drug Administration Regulations except that water
ices which contain fruit or fruit juices are not included in
this definition.
(3) Chewing Gum--Flavored products from
natural or synthetic gums and other ingredients which form an
insoluble mass for chewing.
(4) Certain Candies--Processed foods made
predominantly from sweeteners or artificial sweeteners with a
variety of minor ingredients which characterize the following
types:
(i) Hard Candy--A product made predominantly
from sugar (sucrose) and corn syrup which may be flavored and
colored, is characterized by a hard, brittle texture, and
includes such items as sour balls, fruit balls, candy sticks,
lollipops, starlight mints, after dinner mints, sugar wafers,
rock candy, cinnamon candies, breath mints, jaw breakers and
cough drops.
(ii) Jellies and Gums--A mixture of
carbohydrates which are combined to form a stable gelatinous
system of jelly-like character, and are generally flavored and
colored, and include gum drops, jelly beans, jellied and
fruit-flavored slices.
(iii) Marshmallow Candies--An aerated
confection composed as sugar, corn syrup, invert sugar, 20
percent water and gelatin or egg white to which flavors and
colors may be added.
(iv) Fondant--A product consisting of
microscopic-sized sugar crystals which are separated by thin
film of sugar and/or invert sugar in solution such as candy
corn, soft mints.
(v) Licorice--A product made predominantly
from sugar and corn syrup which is flavored with an extract
made from the licorice root.
(vi) Spun Candy--A product that is made from
sugar that has been boiled at high temperature and spun at a
high speed in a special machine.
(vii) Candy Coated Popcorn--Popcorn which is
coated with a mixture made predominantly from sugar and corn
syrup.
(b) Petitioning Procedures--Reconsideration
of the list of foods of minimal nutritional value identified
in paragraph (a) of this section may be pursued as follows:
(1) Any person may submit a petition to FNS
requesting that an individual food be exempted from a category
of foods of minimal nutritional value listed in paragraph (a).
In the case of artificially sweetened foods, the petition must
include a statement of the percent of Reference Daily Intake (RDI)
for the eight nutrients listed in Sec. 210.11(a)(2) ``Foods of
minimal nutritional value,'' that the food provides per
serving and the petitioner's source of this information. In
the case of all other foods, the petition must include a
statement of the percent of RDI for the eight nutrients listed
in Sec. 210.11(a)(2) ``Foods of minimal nutritional value,''
that the food provides per serving and per 100 calories and
the petitioner's source of this information. The Department
will determine whether or not the individual food is a food of
minimal nutritional value as defined in Sec. 210.11(a)(2) and
will inform the petitioner in writing of such determination,
and the public by notice in the Federal Register as indicated
below under paragraph (b)(3) of this section. In determining
whether an individual food is a food of minimal nutritional
value, discrete nutrients added to the food will not be taken
into account.
(2) Any person may submit a petition to FNS
requesting that foods in a particular category of foods be
classified as foods of minimal nutritional value as defined in
Sec. 210.11(a)(2). The petition must identify and define the
food category in easily understood language, list examples of
the food contained in the category and include a list of
ingredients which the foods in that category usually contain.
If, upon review of the petition, the Department determines
that the foods in that category should not be classified as
foods of minimal nutritional value, the petitioners will be so
notified in writing. If, upon review of the petition, the
Department determines that there is a substantial likelihood
that the foods in that category should be classified as foods
of minimal nutritional value as defined in Sec. 210.11(a)(2),
the Department shall at that time inform the petitioner. In
addition, the Department shall publish a proposed rule
restricting the sale of foods in that category, setting forth
the reasons for this action, and soliciting public comments.
On the basis of comments received within 60 days of
publication of the proposed rule and other available
information, the Department will determine whether the
nutrient composition of the foods indicates that the category
should be classified as a category of foods of minimal
nutritional value. The petitioner shall be notified in writing
and the public shall be notified of the Department's final
determination upon publication in the Federal Register as
indicated under paragraph (b)(3) of this section.
(3) By May 1 and November 1 of each year,
the Department will amend appendix B to exclude those
individual foods identified under paragraph (b)(1) of this
section, and to include those categories of foods identified
under paragraph (b)(2) of this section, provided, that there
are necessary changes. The schedule for amending appendix B is
as follows:
|
Publication |
Actions for publication |
May |
November |
Deadline for receipt
of
petitions by USDA. |
Nov.
15 |
May 15 |
USDA to notify petitioners
of
results of Departmental review
and publish proposed rule (if
applicable). |
Feb.
1 |
Aug. 1 |
60 Day comment
period |
Feb. 1
through
Apr.
1 |
Aug. 1 through
Oct. 1 |
Public notice of amendment
of
appendix B by |
May
1 |
Nov. 1 |
(4) Written petitions should be sent to the
Chief, Technical Assistance Branch, Nutrition and Technical
Services Division, FNS, USDA, Alexandria, Virginia 22302, on
or before November 15 or May 15 of each year. Petitions must
include all information specified in paragraph (b) of this
appendix and Sec. 220.12(b) (1) or (2) as appropriate.
Back to the Top
|