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July 17,2003

Docket Management Branch (HFA-305) Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20852

Dear Sir or Madam:

Re:

Docket No. 02N-0434, Withdrawal Proposed Actions; Notice of Intent

of Certain Proposed Rules and Other

Specifically in reference to the proposed withdrawal of Docket No. 90N-361M, Declaration of Ingredients - Common or Usual Name Declaration for Protein

Hydrolysates and Vegetable Broth in Canned Tuna; “And/Or Drinks; Proposed Rule; 58 Fed Reg 2950, January 6, 1993

” Labeling for Soft

Action Requested

In the interest of providing consumers accurate food labeling information, the Sugar Association commends Food and Drug Administration (FDA) action to withdraw the proposed rule to allow “and/or” labeling of Soft Drinks.

The soft drink industry continues to use “and/or” labeling without a final rule or a temporary permit due to FDA’s decision not to initiate enforcement action against the industry. This decision was submitted to the National Soft Drink Association in a May 28, 1997 letter signed by F. Edward Scarbrough, PhD, Director, Office of Food Labeling. (Attachment 1)

To fully irnplement the FDA’s action to withdraw “and/or” labeling of soft drinks, the Association requests the FDA also rescind its decision “not to initiate enforcement action against soft drink manufactures that use “and/or” labeling in the listing of sweetener.”

Background The Sugar Association, Inc. (Association) represents the United States sugar cane growers and refiners and sugar beet growers and processors. Association members account for over 90% of this country’s sugar production. As the public information arm of the sugar industry the Association disseminates scientifically substantiated information concerning sugar through public education and communication programs.

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THE SUGAR ASSOCIATION, INC

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