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issue. Currently, a bill has been introduced in New York which would require notice of the package shorting to appear clearly and conspicuously on the principal display panel for at least six months from the date of the package shorting. In contrast, FDA has taken no public action on this issue (CSPI/CNI/CFA/NCL, 1991).


Establishing a Foundation for Discussion

The Committee began its deliberation on the issue of adequate implementation by establishing an agreed upon definition of the word adequate. The Committee selected Webster's Third New International Dictionary of the English Language (unabridged), which provides the following definitions:

Adequate: 1) equal; 2) to make equal or sufficient.

Adequate: 1) equal in size or scope, 2) equal to, proportionate to, or fully sufficient for a specified or implied requirement; narrowly or barely sufficient, no more than satisfactory; 3) legally sufficient, such as is lawfully and reasonably sufficient; 4) fully representative.

Because of the element of subjectivity in the interpretation of several subparts of the definition, the Committee applied its best judgment in concluding that ''equal to, proportionate to, or fully sufficient for a specified or implied requirement'' best suited its initial needs. The Committee ruled out the remaining options, since they seemed to (1) define physical proportions ("size or scope"); (2) focus on a deficient level of parity ("narrowly or barely"); (3) focus solely on legal criteria; or (4) assume that an agreed upon standard was in place ("fully representative"), and not to embody a relationship that would provide for protection of consumers and public health. The Committee also concluded, however, that it could not apply its chosen definition to carry out its charge without further elaboration.

Discussion of Recommendations to the Committee

Having established a foundation for its discussion, the Committee considered several of the viewpoints summarized earlier in this chapter from Congress, States, the food industry, and consumer groups. The first such view was that it should be presumed that the existing FDCA Sections and any associated FDA regulations adequately implement the purpose of such

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