{"abstract":"The Food and Drug Administration (FDA or we) is announcing 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. We are taking this action in part because we have recently issued a final rule updating certain RACCs, and we have also received a citizen petition asking that we either 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 amend the regulation to establish a new RACC category for \"nut cocoa- based spreads\" with an RACC of 1 tablespoon (tbsp.). We also are taking this action in response to a request to amend our serving size regulations to establish an RACC and product category for cupcake filling.","action":"Notification of request for comments.","agencies":[{"raw_name":"DEPARTMENT OF HEALTH AND HUMAN SERVICES","name":"Health and Human Services Department","id":221,"url":"https://www.federalregister.gov/agencies/health-and-human-services-department","json_url":"https://www.federalregister.gov/api/v1/agencies/221","parent_id":null,"slug":"health-and-human-services-department"},{"raw_name":"Food and Drug Administration","name":"Food and Drug Administration","id":199,"url":"https://www.federalregister.gov/agencies/food-and-drug-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/199","parent_id":221,"slug":"food-and-drug-administration"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2016/11/02/2016-26407.html","cfr_references":[{"chapter":null,"citation_url":null,"part":101,"title":21}],"citation":"81 FR 76323","comment_url":null,"comments_close_on":"2017-01-03","correction_of":null,"corrections":[],"dates":"Comments must be received on or before January 3, 2017.","disposition_notes":null,"docket_ids":["Docket No. FDA-2016-N-2938"],"dockets":[{"supporting_documents":[{"title":"Reference 2 Ferrero Comment to Serving Size Proposed Rule re Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeli","document_id":"FDA-2016-N-2938-0003"},{"title":"Reference 1 List of products for each product category re Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeling ","document_id":"FDA-2016-N-2938-0002"}],"agency_name":"FDA","documents":[{"comment_count":661,"comment_start_date":"2016-11-02","updated_at":"2023-02-28T15:54:20.113-05:00","comment_url":"https://www.regulations.gov/commenton/FDA-2016-N-2938-0001","allow_late_comments":null,"id":"FDA-2016-N-2938-0001","comment_end_date":"2017-01-04","regulations_dot_gov_open_for_comment":false}],"supporting_documents_count":2,"id":"FDA-2016-N-2938","title":"Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments"}],"document_number":"2016-26407","effective_on":null,"end_page":76325,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2016/11/02/2016-26407.xml","html_url":"https://www.federalregister.gov/documents/2016/11/02/2016-26407/reference-amount-customarily-consumed-for-flavored-nut-butter-spreads-and-products-that-can-be-used","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2016-26407?publication_date=2016-11-02","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2016-11-02/2016-26407/mods.xml","not_received_for_publication":null,"page_length":3,"page_views":{"count":10651,"last_updated":"2026-06-27 12:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2016-11-02/pdf/2016-26407.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2016-26407.pdf?1478004337","publication_date":"2016-11-02","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2016/11/02/2016-26407.txt","regulation_id_number_info":{},"regulation_id_numbers":[],"regulations_dot_gov_info":{"supporting_documents":[{"title":"Reference 2 Ferrero Comment to Serving Size Proposed Rule re Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeli","document_id":"FDA-2016-N-2938-0003"},{"title":"Reference 1 List of products for each product category re Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeling ","document_id":"FDA-2016-N-2938-0002"}],"comments_count":661,"agency_id":"FDA","comments_url":"https://www.regulations.gov/docketBrowser?rpp=50&so=DESC&sb=postedDate&po=0&dct=PS&D=FDA-2016-N-2938","supporting_documents_count":2,"docket_id":"FDA-2016-N-2938","document_id":"FDA-2016-N-2938-0001","regulation_id_number":null,"title":"Reference Amount Customarily Consumed for Flavored Nut Butter Spreads (e.g., cocoa, cookie, and coffee flavored), and Products that Can Be Used to Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments","checked_regulationsdotgov_at":"2023-02-28T20:54:19Z"},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":76323,"subtype":null,"title":"Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products That Can Be Used To Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments","toc_doc":"Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products That Can Be Used To Fill Cupcakes and Other Desserts","toc_subject":"Food Labeling:","topics":[],"type":"Proposed Rule","volume":81}