Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Petition To Request an Exemption From 100 Percent Identity Testing of Dietary Ingredients: Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements, 29716-29717 [2015-12398]

Download as PDF 29716 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices Commonwealth of Puerto Rico, and U.S. territories applying for CSBG funds to submit an application and plan (Model State Plan). The Model State Plan must meet statutory requirements prior to being funded with CSBG funds. Applicants have the option to submit a detailed plan annually or biannually. Entities that submit a biannual plan must provide an abbreviated plan the following year if substantial changes to the initial plan will occur. This request is to revise the Model State Plan format for States by automating the form, streamlining the DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request Title: Community Services Block Grant (CSBG) Model State Plan. OMB No.: 0970–0382. Description: Section 676 of the Community Services Block Grant (CSBG) Act requires States, including the District of Columbia and the information, and incorporating accountability measures. The revised and automated form may impose an added first-use burden; however, this burden will diminish substantially in subsequent years. Copies of the proposed collection of information/ Model State Plan can be obtained by visiting https://www.acf.hhs.gov/ programs/ocs/programs/csbg. Respondents: State Governments, including the District of Columbia and the Commonwealth of Puerto Rico, and U.S. territories. ANNUAL BURDEN ESTIMATES Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours Model State Plan ............................................................................................. 56 1 33 1,848 Estimated Total Annual Burden Hours: 1,848. DEPARTMENT OF HEALTH AND HUMAN SERVICES in brackets in the heading of this document. Additional Information Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L’Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: infocollection@acf.hhs.gov. OMB Comment asabaliauskas on DSK5VPTVN1PROD with NOTICES OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: OIRA_ SUBMISSION@OMB.EOP.GOV, Attn: Desk Officer for the Administration for Children and Families. Robert Sargis, Reports Clearance Officer. [FR Doc. 2015–12392 Filed 5–21–15; 8:45 am] BILLING CODE 4184–01–P VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 [Docket No. FDA–2013–N–1152] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Petition To Request an Exemption From 100 Percent Identity Testing of Dietary Ingredients: Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by June 22, 2015. SUMMARY: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0608. Also include the FDA docket number found ADDRESSES: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Road, COLE–14526, Silver Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. SUPPLEMENTARY INFORMATION: Petition To Request an Exemption From 100 Percent Identity Testing of Dietary Ingredients: Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements—21 CFR 111.75(a)(1)(ii) (OMB Control Number 0910–0608)— Reinstatement The Dietary Supplement Health and Education Act (DSHEA) (Pub. L. 103– 417) added section 402(g) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 342(g)), which provides, in part, that the Secretary of Health and Human Services (the Secretary) may, by regulation, prescribe good manufacturing practices for dietary supplements. Section 402(g)(1) of the FD&C Act states that a dietary supplement is adulterated if ‘‘it has been prepared, packed, or held under conditions that do not meet current good manufacturing practice regulations.’’ Section 701(a) of the FD&C Act (21 U.S.C. 371(a)) gives us the authority to issue regulations for the efficient enforcement of the FD&C Act. E:\FR\FM\22MYN1.SGM 22MYN1 29717 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices Part 111 (21 CFR part 111) establishes the minimum Current Good Manufacturing Practice (CGMP) necessary for activities related to manufacturing, packaging, labeling, or holding dietary supplements to ensure the quality of the dietary supplement. Section 111.75(a)(1) (21 CFR 111.75(a)(1)) establishes a procedure for a petition to request an exemption from 100 percent identity testing of dietary ingredients. Under § 111.75(a)(1)(ii), manufacturers may request an exemption from the requirements set forth in § 111.75(a)(1)(i) when the dietary ingredient is obtained from one or more suppliers identified in the petition. The regulation clarifies that we are willing to consider, on a case-bycase basis, a manufacturer’s conclusion, supported by appropriate data and information in the petition submission, that it has developed a system that it would implement as a sound, consistent means of establishing, with no material diminution of assurance compared to the assurance provided by 100 percent identity testing, the identity of the dietary ingredient before use. Section 111.75(a)(1) reflects our determination that manufacturers that test or examine 100 percent of the incoming dietary ingredients for identity can be assured of the identity of the ingredient. However, we recognize that it may be possible for a manufacturer to demonstrate, through various methods and processes in use over time for its particular operation, that a system of less than 100 percent identity testing would result in no material diminution of assurance of the identity of the dietary ingredient as compared to the assurance provided by 100 percent identity testing. To provide an opportunity for a manufacturer to make such a showing and reduce the frequency of identity testing of components that are dietary ingredients from 100 percent to some lower frequency, we added to § 111.75(a)(1) an exemption from the requirement of 100 percent identity testing when a manufacturer petitions the Agency for such an exemption to 100 percent identity testing under § 10.30 (21 CFR 10.30)and the Agency grants such exemption. Such a procedure would be consistent with our stated goal, as described in the CGMP final rule, of providing flexibility in the CGMP requirements. Section 111.75(a)(1)(ii) sets forth the information a manufacturer is required to submit in such a petition. The regulation also contains a requirement to ensure that the manufacturer keeps our response to a petition submitted under § 111.75(a)(1)(ii) as a record under § 111.95. The collection of information in § 111.95 has been approved under OMB control number 0910–0606. Description of Respondents: The respondents to this collection of information are firms in the dietary supplement industry, including dietary supplement manufacturers, packagers and re-packagers, holders, labelers and re-labelers, distributors, warehouses, exporters, importers, large businesses, and small businesses. In the Federal Register of March 9, 2015 (80 FR 12491), FDA published a 60-day notice requesting public comment on the proposed collection of information. One comment was received, but was not responsive to the four collection of information topics solicited in the notice and, therefore, is not discussed in this document. We estimate the annual burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 21 CFR section; CGMP requirements for dietary supplements Number of respondents Number of responses per respondent Total annual responses Average burden per response Total hours 111.75(a)(1)(ii) ..................................................................... 1 1 1 8 8 asabaliauskas on DSK5VPTVN1PROD with NOTICES 1 There are no capital costs or operating and maintenance costs associated with this collection of information. In the last 3 years, we have not received any new petitions to request an exemption from 100 percent identity testing of dietary ingredients; therefore, the Agency estimates that one or fewer petitions will be submitted annually. Based on our experience with petition processes, we estimate it will take a requestor about 8 hours to prepare the factual and legal information necessary to support a petition for exemption and to prepare the petition. Although we have not received any new petitions to request an exemption from 100 percent identity testing of dietary ingredients in the last 3 years, we believe that OMB approval of these information collection provisions should be extended to provide for the potential future need of a firm in the dietary supplement industry to petition for an exemption from 100 percent identity testing of dietary ingredients. VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 Dated: May 18, 2015. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2015–12398 Filed 5–21–15; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2015–N–0001] Pharmacy Compounding Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. Name of Committee: Pharmacy Compounding Advisory Committee. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 General Function of the Committee: To provide advice on scientific, technical, and medical issues concerning drug compounding under sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (FD&C Act), and, as required, any other product for which FDA has regulatory responsibility, and make appropriate recommendations to the Commissioner of Food and Drugs. Date and Time: The meeting will be held on June 17, 2015, from 8:30 a.m. to 5 p.m., and on June 18, 2015, from 8:30 a.m. to 11:30 a.m. Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31, Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993–0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: https://www.fda.gov/ AdvisoryCommittees/ E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29716-29717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12398]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1152]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Petition To Request 
an Exemption From 100 Percent Identity Testing of Dietary Ingredients: 
Current Good Manufacturing Practice in Manufacturing, Packaging, 
Labeling, or Holding Operations for Dietary Supplements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June 
22, 2015.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0608. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Road, COLE-14526, Silver 
Spring, MD 20993-0002, PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Petition To Request an Exemption From 100 Percent Identity Testing of 
Dietary Ingredients: Current Good Manufacturing Practice in 
Manufacturing, Packaging, Labeling, or Holding Operations for Dietary 
Supplements--21 CFR 111.75(a)(1)(ii) (OMB Control Number 0910-0608)--
Reinstatement

    The Dietary Supplement Health and Education Act (DSHEA) (Pub. L. 
103-417) added section 402(g) of the Federal Food, Drug, and Cosmetic 
Act (the FD&C Act) (21 U.S.C. 342(g)), which provides, in part, that 
the Secretary of Health and Human Services (the Secretary) may, by 
regulation, prescribe good manufacturing practices for dietary 
supplements. Section 402(g)(1) of the FD&C Act states that a dietary 
supplement is adulterated if ``it has been prepared, packed, or held 
under conditions that do not meet current good manufacturing practice 
regulations.'' Section 701(a) of the FD&C Act (21 U.S.C. 371(a)) gives 
us the authority to issue regulations for the efficient enforcement of 
the FD&C Act.

[[Page 29717]]

    Part 111 (21 CFR part 111) establishes the minimum Current Good 
Manufacturing Practice (CGMP) necessary for activities related to 
manufacturing, packaging, labeling, or holding dietary supplements to 
ensure the quality of the dietary supplement. Section 111.75(a)(1) (21 
CFR 111.75(a)(1)) establishes a procedure for a petition to request an 
exemption from 100 percent identity testing of dietary ingredients. 
Under Sec.  111.75(a)(1)(ii), manufacturers may request an exemption 
from the requirements set forth in Sec.  111.75(a)(1)(i) when the 
dietary ingredient is obtained from one or more suppliers identified in 
the petition. The regulation clarifies that we are willing to consider, 
on a case-by-case basis, a manufacturer's conclusion, supported by 
appropriate data and information in the petition submission, that it 
has developed a system that it would implement as a sound, consistent 
means of establishing, with no material diminution of assurance 
compared to the assurance provided by 100 percent identity testing, the 
identity of the dietary ingredient before use.
    Section 111.75(a)(1) reflects our determination that manufacturers 
that test or examine 100 percent of the incoming dietary ingredients 
for identity can be assured of the identity of the ingredient. However, 
we recognize that it may be possible for a manufacturer to demonstrate, 
through various methods and processes in use over time for its 
particular operation, that a system of less than 100 percent identity 
testing would result in no material diminution of assurance of the 
identity of the dietary ingredient as compared to the assurance 
provided by 100 percent identity testing. To provide an opportunity for 
a manufacturer to make such a showing and reduce the frequency of 
identity testing of components that are dietary ingredients from 100 
percent to some lower frequency, we added to Sec.  111.75(a)(1) an 
exemption from the requirement of 100 percent identity testing when a 
manufacturer petitions the Agency for such an exemption to 100 percent 
identity testing under Sec.  10.30 (21 CFR 10.30)and the Agency grants 
such exemption. Such a procedure would be consistent with our stated 
goal, as described in the CGMP final rule, of providing flexibility in 
the CGMP requirements. Section 111.75(a)(1)(ii) sets forth the 
information a manufacturer is required to submit in such a petition. 
The regulation also contains a requirement to ensure that the 
manufacturer keeps our response to a petition submitted under Sec.  
111.75(a)(1)(ii) as a record under Sec.  111.95. The collection of 
information in Sec.  111.95 has been approved under OMB control number 
0910-0606.
    Description of Respondents: The respondents to this collection of 
information are firms in the dietary supplement industry, including 
dietary supplement manufacturers, packagers and re-packagers, holders, 
labelers and re-labelers, distributors, warehouses, exporters, 
importers, large businesses, and small businesses.
    In the Federal Register of March 9, 2015 (80 FR 12491), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. One comment was received, but was not 
responsive to the four collection of information topics solicited in 
the notice and, therefore, is not discussed in this document.
    We estimate the annual burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
     21 CFR section; CGMP requirements for dietary supplements          Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
111.75(a)(1)(ii)...................................................               1                1                1                8                8
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    In the last 3 years, we have not received any new petitions to 
request an exemption from 100 percent identity testing of dietary 
ingredients; therefore, the Agency estimates that one or fewer 
petitions will be submitted annually. Based on our experience with 
petition processes, we estimate it will take a requestor about 8 hours 
to prepare the factual and legal information necessary to support a 
petition for exemption and to prepare the petition. Although we have 
not received any new petitions to request an exemption from 100 percent 
identity testing of dietary ingredients in the last 3 years, we believe 
that OMB approval of these information collection provisions should be 
extended to provide for the potential future need of a firm in the 
dietary supplement industry to petition for an exemption from 100 
percent identity testing of dietary ingredients.

    Dated: May 18, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-12398 Filed 5-21-15; 8:45 am]
BILLING CODE 4164-01-P
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