Preparation of Food Contact Notifications for Food Contact Substances in Contact With Infant Formula and/or Human Milk; Draft Guidance for Industry; Availability, 89110-89112 [2016-29587]
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89110
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Graham Thompson, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146,
Silver Spring, MD 20993, 301–796–
5003, FAX: 301–847–8443,
Graham.Thompson@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES
I. Background
The timely review of the safety and
efficacy of new drugs and biologics is
central to FDA’s mission to protect and
promote the public health. Since the
implementation of PDUFA I in 1993,
FDA has used PDUFA resources to
improve the timeliness and
predictability of new drug review while
maintaining FDA’s rigorous standards
for drug quality, safety and efficacy.
With the availability of these additional
fee resources, FDA was able to agree to
certain review performance goals,
including a complete review of NDAs
and BLAs and taking regulatory action
within specified timeframes. The
managed review processes put in place
to accomplish this, and the process
enhancements including investments in
modernized post-market safety and
regulatory science over subsequent
reauthorizations of PDUFA, have
revolutionized the new drug review
process, helping to bring critical
products to market for patients. The
PDUFA program has been reauthorized
every 5 years, with the most recent and
fifth authorization occurring in 2012.
The PDUFA V Performance Goals and
Procedures for Fiscal Years 2013
through 2017 can be accessed at https://
www.fda.gov/downloads/ForIndustry/
UserFees/PrescriptionDrugUserFee/
UCM270412.pdf.
PDUFA V introduced a new review
program for NME NDAs and original
BLAs to enhance review transparency
and communication between FDA and
applicants on these complex
applications. FDA committed to
engaging an independent contractor to
evaluate the Program to understand the
Program’s effect on the review of these
applications. The interim assessment
was published March 31, 2015, and can
be accessed at https://www.fda.gov/
VerDate Sep<11>2014
18:13 Dec 08, 2016
Jkt 241001
downloads/ForIndustry/UserFees/
PrescriptionDrugUserFee/
UCM436448.pdf. The PDUFA V
performance commitments also call for
a final assessment of the Program to be
published by December 31, 2016, for
public comment. The final assessment
can be accessed at https://www.fda.gov/
ForIndustry/UserFees/PrescriptionDrug
UserFee/ucm327030.htm. A public
meeting will be held on March 27, 2017,
where the final assessment will be
discussed and public stakeholders may
present their views on the Program.
II. PDUFA V NME NDA and Original
BLA Review Program
FDA’s performance goals for review of
priority and standard new drug
applications, 6 and 10 months
respectively, have been in place since
the late 1990s. Since that time,
additional requirements in the review
process and scientific advances in
product development have made those
goals increasingly challenging to meet,
particularly for more complex
applications like NME NDAs and
original BLAs. FDA further recognizes
that increasing communication and
transparency between the Agency and
applicants during FDA’s review has the
potential to increase efficiency in the
review process.
To promote greater transparency and
improve communication between the
FDA review team and the applicant,
FDA implemented a new review model
for NME NDAs and original BLAs in
PDUFA V. The Program provides
opportunities for increased
communication between FDA and
applicants, including mid-cycle and
late-cycle meetings. To accommodate
the increased interaction during
regulatory review and to address the
need for additional time to review these
complex applications, FDA’s review
clock begins after the 60-day
administrative filing review period for
applications reviewed under the
Program.
The goal of the Program is to improve
the efficiency and effectiveness of the
first-cycle review process by increasing
communications during application
review. This will provide sponsors with
the opportunity to clarify previous
submissions and provide additional
data and analyses that are readily
available, potentially avoiding the need
for an additional review cycle when
concerns can be promptly resolved
without compromising FDA’s standards
for approval.
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Fmt 4703
Sfmt 4703
III. Meeting Attendance and
Participation
FDA is holding the public meeting on
March 27, 2017, from 10 a.m. to 1 p.m.
If you wish to attend this public
meeting, visit: https://
nmemeeting.eventbrite.com. Please
register by March 20, 2017. If you are
unable to attend the public meeting in
person, you can register to view a live
Webcast of the public meeting. You will
be asked to indicate in your registration
if you plan to attend in person or via the
Webcast. Seating will be limited, so
early registration is recommended.
Registration is free and will be on a firstcome, first-served basis. However, FDA
may limit the number of participants
from each organization based on space
limitations. Registrants will receive
confirmation once they have been
accepted. Onsite registration on the day
of the public meeting will not be
possible. If you need special
accommodations because of a disability,
please contact Graham Thompson (see
FOR FURTHER INFORMATION CONTACT) at
least 7 days before the public meeting.
FDA will hold an open public
comment period to give the public an
opportunity to comment during the
public meeting. Registration for open
public comment will occur at the
registration desk on the day of the
public meeting on a first-come, firstserved basis.
Transcripts: Please be advised that as
soon as a transcript of the public
meeting is available, it will be accessible
at https://www.regulations.gov. It may
be viewed at the Division of Dockets
Management (see ADDRESSES). A link to
the transcript will also be available on
the Internet at https://www.fda.gov/
Drugs/NewsEvents/ucm501389.htm.
Dated: December 2, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–29589 Filed 12–8–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2016–D–1814]
Preparation of Food Contact
Notifications for Food Contact
Substances in Contact With Infant
Formula and/or Human Milk; Draft
Guidance for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
E:\FR\FM\09DEN1.SGM
Notice of availability.
09DEN1
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
The Food and Drug
Administration (FDA or we) is
announcing the availability of a draft
guidance for industry entitled
‘‘Preparation of Food Contact
Notifications for Food Contact
Substances in Contact with Infant
Formula and/or Human Milk.’’ The draft
guidance, when finalized, will provide
industry with our current thinking on
how to prepare a food contact
notification (FCN) submission for our
review and evaluation of the safety of
food contact substances (FCSs) used in
contact with infant formula and/or
human milk.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider
your comment on the draft guidance
before we begin work on the final
version of the guidance, submit either
electronic or written comments on the
draft guidance by February 7, 2017.
ADDRESSES: You may submit comments
as follows:
SUMMARY:
mstockstill on DSK3G9T082PROD with NOTICES
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
VerDate Sep<11>2014
18:13 Dec 08, 2016
Jkt 241001
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2016–D–1814 for ‘‘Preparation of Food
Contact Notifications for Food Contact
Substances in Contact with Infant
Formula and/or Human Milk.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on https://
www.regulations.gov. Submit both
copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
Submit written requests for single
copies of the draft guidance to the
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
89111
Division of Food Contact Notifications,
Office of Food Additive Safety, Center
for Food Safety and Applied Nutrition
(HFS–275), Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two selfaddressed adhesive labels to assist that
office in processing your request. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the draft
guidance.
FOR FURTHER INFORMATION CONTACT:
Kelly Randolph, Center for Food Safety
and Applied Nutrition (HFS–275), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402–
1188.
SUPPLEMENTARY INFORMATION:
I. Background
We are announcing the availability of
a draft guidance for industry entitled
‘‘Preparation of Food Contact
Notifications for Food Contact
Substances in Contact with Infant
Formula and/or Human Milk.’’ We are
issuing the draft guidance consistent
with our good guidance practices
regulation (21 CFR 10.115). The draft
guidance, when finalized, will represent
the current thinking of FDA on this
topic. It does not establish any rights for
any person and is not binding on FDA
or the public. You can use an alternate
approach if it satisfies the requirements
of the applicable statutes and
regulations.
Section 409 of the Federal Food, Drug,
and Cosmetic Act (the FD&C Act) (21
U.S.C. 348) establishes an FCN process
as the primary method by which we
regulate food additives that are FCSs. As
defined in section 409(h)(6) of the FD&C
Act, the term ‘‘food contact substance’’
means any substance intended for use as
a component of materials used in
manufacturing, packing, packaging,
transporting, or holding food if such use
is not intended to have any technical
effect in such food.
Under section 409(h) of the FD&C Act
and FDA’s implementing regulations,
FCN submissions must contain a
comprehensive discussion of the basis
for the manufacturer’s or supplier’s
determination that the use of the FCS
that is the subject of the notification is
safe. This draft guidance contains
recommendations regarding how the
scientific information in FCNs for infant
food use should demonstrate that the
FCS is safe for the specific intended use
in contact with infant food. For
purposes of the draft guidance, infant
food is limited to infant formula and/or
human milk, and this draft guidance
focuses on infants 0–6 months in age.
The draft guidance discusses our
E:\FR\FM\09DEN1.SGM
09DEN1
89112
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
recommendations and provides
information for: Chemistry
recommendations, including migration
testing and exposure estimation;
toxicology recommendations including
exposure-based testing tiers, minimum
testing recommendations, and agedependent cancer risk analysis of
carcinogenic constituents; and
administrative recommendations
including acknowledgment of an FCN,
non-acceptance of an FCN, final letter,
inventory of effective FCNs, and
premarket notification consultations.
II. Paperwork Reduction Act of 1995
This draft guidance contains proposed
information collection provisions that
are subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520). ‘‘Collection of
information’’ is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) and
includes Agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Federal law
at 44 U.S.C. 3506(c)(2)(A) requires
Federal Agencies to publish a 60-day
notice in the Federal Register for each
proposed collection of information
before submitting the collection to OMB
for approval. To comply with this
requirement, we will publish a 60-day
notice of the proposed collection of
information in a future issue of the
Federal Register.
III. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/FoodGuidances or
https://www.regulations.gov. Use the
FDA Web sites listed in the previous
sentence to find the most current
version of the guidance.
Dated: December 2, 2016.
Leslie Kux,
Associate Commissioner for Policy.
Electronic Submissions
[FR Doc. 2016–29587 Filed 12–8–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
mstockstill on DSK3G9T082PROD with NOTICES
[Docket No. FDA–2014–D–0609]
Drug Supply Chain Security Act
Implementation: Identification of
Suspect Product and Notification;
Guidance for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
VerDate Sep<11>2014
18:13 Dec 08, 2016
Jkt 241001
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a
guidance for industry entitled ‘‘Drug
Supply Chain Security Act
Implementation: Identification of
Suspect Product and Notification.’’ The
guidance addresses provisions in the
Federal Food, Drug, and Cosmetic Act
(the FD&C Act), as amended by the Drug
Supply Chain Security Act (DSCSA).
The guidance is intended to aid certain
trading partners (manufacturers,
repackagers, wholesale distributors, and
dispensers) in identifying a suspect
product and specific scenarios that
could significantly increase the risk of a
suspect product entering the
pharmaceutical distribution supply
chain. The guidance also describes how
trading partners should notify FDA of
illegitimate product and sets forth a
process for terminating notifications of
illegitimate product in consultation
with FDA. This guidance also includes
a new section, for comment purposes
only, that describes when manufacturers
should notify FDA of a high risk that a
product is illegitimate. Aside from that
section, this guidance is a final guidance
subsequent to the draft guidance that
was issued on June 11, 2014.
DATES: You may submit either electronic
or written comments on Agency
guidances at any time. However, the
portion of this guidance that describes
when manufacturers should notify FDA
if there is a high risk that a product is
illegitimate, is being distributed for
comment purposes only. To ensure that
the Agency considers your comment on
this draft section before it begins work
on the final version of this section of the
guidance, submit either electronic or
written comments on this section by
February 7, 2017.
ADDRESSES: You may submit comments
as follows:
SUMMARY:
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked, and identified as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2014–D–0609 for ‘‘Drug Supply Chain
Security Act Implementation:
Identification of Suspect Product and
Notification; Guidance for Industry;
Availability.’’ Received comments will
be placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states,
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments, and you must identify this
E:\FR\FM\09DEN1.SGM
09DEN1
Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89110-89112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29587]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2016-D-1814]
Preparation of Food Contact Notifications for Food Contact
Substances in Contact With Infant Formula and/or Human Milk; Draft
Guidance for Industry; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
[[Page 89111]]
SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Preparation of
Food Contact Notifications for Food Contact Substances in Contact with
Infant Formula and/or Human Milk.'' The draft guidance, when finalized,
will provide industry with our current thinking on how to prepare a
food contact notification (FCN) submission for our review and
evaluation of the safety of food contact substances (FCSs) used in
contact with infant formula and/or human milk.
DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider your comment on the draft
guidance before we begin work on the final version of the guidance,
submit either electronic or written comments on the draft guidance by
February 7, 2017.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2016-D-1814 for ``Preparation of Food Contact Notifications for
Food Contact Substances in Contact with Infant Formula and/or Human
Milk.'' Received comments will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
Submit written requests for single copies of the draft guidance to
the Division of Food Contact Notifications, Office of Food Additive
Safety, Center for Food Safety and Applied Nutrition (HFS-275), Food
and Drug Administration, 5001 Campus Dr., College Park, MD 20740. Send
two self-addressed adhesive labels to assist that office in processing
your request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance.
FOR FURTHER INFORMATION CONTACT: Kelly Randolph, Center for Food Safety
and Applied Nutrition (HFS-275), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740, 240-402-1188.
SUPPLEMENTARY INFORMATION:
I. Background
We are announcing the availability of a draft guidance for industry
entitled ``Preparation of Food Contact Notifications for Food Contact
Substances in Contact with Infant Formula and/or Human Milk.'' We are
issuing the draft guidance consistent with our good guidance practices
regulation (21 CFR 10.115). The draft guidance, when finalized, will
represent the current thinking of FDA on this topic. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternate approach if it satisfies the
requirements of the applicable statutes and regulations.
Section 409 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 348) establishes an FCN process as the primary method
by which we regulate food additives that are FCSs. As defined in
section 409(h)(6) of the FD&C Act, the term ``food contact substance''
means any substance intended for use as a component of materials used
in manufacturing, packing, packaging, transporting, or holding food if
such use is not intended to have any technical effect in such food.
Under section 409(h) of the FD&C Act and FDA's implementing
regulations, FCN submissions must contain a comprehensive discussion of
the basis for the manufacturer's or supplier's determination that the
use of the FCS that is the subject of the notification is safe. This
draft guidance contains recommendations regarding how the scientific
information in FCNs for infant food use should demonstrate that the FCS
is safe for the specific intended use in contact with infant food. For
purposes of the draft guidance, infant food is limited to infant
formula and/or human milk, and this draft guidance focuses on infants
0-6 months in age. The draft guidance discusses our
[[Page 89112]]
recommendations and provides information for: Chemistry
recommendations, including migration testing and exposure estimation;
toxicology recommendations including exposure-based testing tiers,
minimum testing recommendations, and age-dependent cancer risk analysis
of carcinogenic constituents; and administrative recommendations
including acknowledgment of an FCN, non-acceptance of an FCN, final
letter, inventory of effective FCNs, and premarket notification
consultations.
II. Paperwork Reduction Act of 1995
This draft guidance contains proposed information collection
provisions that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). ``Collection of information'' is defined in 44 U.S.C. 3502(3)
and 5 CFR 1320.3(c) and includes Agency requests or requirements that
members of the public submit reports, keep records, or provide
information to a third party. Federal law at 44 U.S.C. 3506(c)(2)(A)
requires Federal Agencies to publish a 60-day notice in the Federal
Register for each proposed collection of information before submitting
the collection to OMB for approval. To comply with this requirement, we
will publish a 60-day notice of the proposed collection of information
in a future issue of the Federal Register.
III. Electronic Access
Persons with access to the Internet may obtain the draft guidance
at either https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA Web sites listed in the previous
sentence to find the most current version of the guidance.
Dated: December 2, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-29587 Filed 12-8-16; 8:45 am]
BILLING CODE 4164-01-P