In the November 2, 2016, Federal Register, FDA announced the establishment of a docket to receive comments, particularly data and other information, on the appropriate reference amount customarily consumed ("RACC") and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), and products that can be used to fill cupcakes and other desserts, such as cakes and pastries. FDA is taking this action in part because it has recently issued a final rule updating certain RACCs, and it has also received a citizen petition from Ferrero USA, Inc. asking FDA either to issue a guidance recognizing that "nut cocoa-based spreads" fall within the "honey, jams, jellies, fruit butter, molasses" category for purposes of RACC determination, or to amend the regulation to establish a new RACC category for "nut cocoa-based spreads" with a RACC of one tablespoon. FDA is also taking this action in response to a request to amend FDA's serving size regulations to establish a RACC and product category for cupcake filling. Comments are due January 3, 2017.
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