Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Labeling Regulations, 27504-27508 [2017-12443]

Download as PDF 27504 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices finished products). Therefore, the total recordkeeping burden for domestic facilities is estimated to be 9,061 hours (13 hours × 697), and the total recordkeeping burden for foreign facilities is estimated to be 11,908 hours (13 hours × 916), as shown in table 2. Dated: June 12, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–12448 Filed 6–14–17; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2017–N–2495] Request for Nominations for Voting Members on a Public Advisory Committee; Technical Electronic Product Radiation Safety Standards Committee AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is requesting nominations for members to serve on the Technical Electronic Product Radiation Safety Standards Committee (TEPRSSC) in the Center for Devices and Radiological Health. FDA seeks to include the views of women and men, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees and, therefore, encourages nominations of appropriately qualified candidates from these groups. DATES: Nominations received on or before August 14, 2017 will be given first consideration for membership on TEPRSSC. Nominations received after August 14, 2017 will be considered for nomination to the committee as later vacancies occur. ADDRESSES: All nominations for membership should be sent electronically by accessing FDA’s Advisory Committee Membership Nomination Portal at https:// www.accessdata.fda.gov/scripts/ FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee Oversight and Management Staff, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993–0002. Information about becoming a member on an FDA advisory committee can also be obtained by visiting FDA’s Web site at https:// pmangrum on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:10 Jun 14, 2017 Jkt 241001 www.fda.gov/AdvisoryCommittees/ default.htm. FOR FURTHER INFORMATION CONTACT: Shanika Craig, Office of Device Evaluation, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G644, Silver Spring, MD 20993–0002, 301–796–6639, email: Shanika.Craig@fda.hhs.gov. SUPPLEMENTARY INFORMATION: FDA is requesting nominations for voting members on TEPRSSC that include two general public representatives and a government representative. I. General Description of the Committee’s Duties The committee provides advice and consultation to the Commissioner of Food and Drugs (Commissioner) on the technical feasibility, reasonableness, and practicability of performance standards for electronic products to control the emission of radiation from such products, and may recommend electronic product radiation safety standards to the Commissioner for consideration. II. Criteria for Voting Members The committee consists of a core of 15 voting members including the Chair. Members and the Chair are selected by the Commissioner or designee from among authorities knowledgeable in the fields of science or engineering, applicable to electronic product radiation safety. Members will be invited to serve for overlapping terms of up to 4 years. Terms of more than 2 years are contingent upon the renewal of the committee by appropriate action prior to its expiration. III. Nomination Procedures Any interested person may nominate one or more qualified individuals for membership on the committee. Selfnominations are also accepted. Nominations must include a current and ´ ´ complete resume or curriculum vitae for each nominee, including current business address and/or home address, telephone number, and email address if available. Nominations must also specify the advisory committee for which the nominee is recommended. Nominations must also acknowledge that the nominee is aware of the nomination unless self-nominated. FDA will ask potential candidates to provide detailed information concerning such matters related to financial holdings, employment, and research grants and/or contracts to permit evaluation of possible sources of conflicts of interest. This notice is issued under the Federal Advisory Committee Act (5 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees. Dated: June 9, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–12354 Filed 6–14–17; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2013–N–1155] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Labeling Regulations AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA or we) 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 (PRA). SUMMARY: Fax written comments on the collection of information by July 17, 2017. DATES: 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 0910–0381. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: Ila S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301– 796–7726. FOR FURTHER INFORMATION CONTACT: 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: E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices pmangrum on DSK3GDR082PROD with NOTICES Food Labeling Regulations—21 CFR Parts 101, 102, 104, and 105 OMB Control Number 0910–0381— Extension Our food labeling regulations require food producers to disclose to consumers and others specific information about themselves or their products on the label or labeling of their products. Related regulations require that food producers retain records establishing the basis for the information contained in the label or labeling of their products and provide those records to regulatory officials. Finally, certain regulations provide for the submission of food labeling petitions to us. We issued our food labeling regulations under parts 101, 102, 104, and 105 (21 CFR parts 101, 102, 104, and 105) under the authority of sections 4, 5, and 6 of the Fair Packaging and Labeling Act (the FPLA) (15 U.S.C. 1453, 1454, and 1455) and sections 201, 301, 402, 403, 409, 411, 701, and 721 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 321, 331, 342, 343, 348, 350, 371, and 379e). Most of these regulations derive from section 403 of the FD&C Act, which provides that a food product shall be deemed to be misbranded if, among other things, its label or labeling fails to bear certain required information concerning the food product, is false or misleading in any particular, or bears certain types of unauthorized claims. The disclosure requirements and other collections of information in the regulations in parts 101, 102, 104, and 105 are necessary to ensure that food products produced or sold in the United States are in compliance with the labeling provisions of the FD&C Act and the FPLA. Section 101.3 of our food labeling regulations requires that the label of a food product in packaged form bear a statement of identity (i.e., the name of the product), including, as appropriate, the form of the food or the name of the food imitated. Section 101.4 prescribes requirements for the declaration of ingredients on the label or labeling of food products in packaged form. Section 101.5 requires that the label of a food product in packaged form specify the name and place of business of the manufacturer, packer, or distributor and, if the food producer is not the manufacturer of the food product, its connection with the food product. Section 101.7 specifies requirements for the declaration of the net quantity of contents on the label of a food in packaged form and prescribes conditions under which a food whose label does not accurately reflect the actual quantity of contents may be sold, VerDate Sep<11>2014 14:10 Jun 14, 2017 Jkt 241001 with appropriate disclosures, to an institution operated by a Federal, State, or local government. Section 101.108 provides for the submission to us of a written proposal requesting a temporary exemption from certain requirements of §§ 101.9 and 105.66 for the purpose of conducting food labeling experiments with our authorization. Section 101.9 requires that nutrition information be provided for all food products intended for human consumption and offered for sale, unless an exemption in § 101.9(j) applies to the product. In particular, § 101.9(c)(2)(ii) requires that the amount of trans fatty acids present in a food must be declared on the nutrition label on a separate line immediately under the line for the declaration of saturated fat. Section 101.9(g)(9) provides that interested parties may submit to us requests for alternative approaches to nutrition labeling requirements. Finally, § 101.9(j)(18) provides that firms claiming the small business exemption from nutrition labeling must submit notice to us supporting their claim exemption. We developed Form FDA 3570 to assist small businesses in claiming the small business exemption from nutrition labeling. The form contains all the elements required by § 101.9(j)(18). Section 101.10 requires that restaurants provide nutrition information, upon request, for any food or meal for which a nutrient content claim or health claim is made. Section 101.12(b) provides the reference amount that is used for determining the serving sizes for specific products, including baking powder, baking soda, and pectin. Section 101.12(e) provides that a manufacturer that adjusts the reference amount customarily consumed (RACC) of an aerated food for the difference in density of the aerated food relative to the density of the appropriate nonaerated reference food must be prepared to show us detailed protocols and records of all data that were used to determine the density-adjusted RACC. Section 101.12(g) requires that the label or labeling of a food product disclose the serving size that is the basis for a claim made for the product if the serving size on which the claim is based differs from the RACC. Section 101.12(h) provides for the submission of petitions requesting that we change the reference amounts defined by regulation. Section 101.13 requires that nutrition information be provided in accordance with § 101.9 for any food product for which a nutrient content claim is made. Under some circumstances, § 101.13 also requires the disclosure of other types of information as a condition for PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 27505 the use of a nutrient content claim. For example, under § 101.13(j), if the claim compares the level of a nutrient in the food with the level of the same nutrient in another ‘‘reference’’ food, the claim must also disclose the identity of the reference food, the amount of the nutrient in each food, and the percentage or fractional amount by which the amount of the nutrient in the labeled food differs from the amount of the nutrient in the reference food. It also requires that when this comparison is based on an average of food products, this information must be provided to consumers or regulatory officials upon request. Section 101.13(q)(5) requires that restaurants document and provide to appropriate regulatory officials, upon request, the basis for any nutrient content claims they have made for the foods they sell. Section 101.14(d)(2) and (3) provides for the disclosure of nutrition information in accordance with § 101.9 and, under some circumstances, certain other information as a condition for making a health claim for a food product. Section 101.15 provides that, if the label of a food product contains any representation in a foreign language, all words, statements, and other information required by or under authority of the FD&C Act to appear on the label must appear in both the foreign language and in English. Section 101.22 contains labeling requirements for the disclosure of spices, flavorings, colorings, and chemical preservatives in food products. Section 101.22(i)(4) sets forth disclosure and recordkeeping requirements pertaining to certifications for flavors designated as containing no artificial flavors. Section 101.30 specifies the conditions under which a beverage that purports to contain any fruit or vegetable juice must declare the percentage of juice present in the beverage and the manner in which the declaration is to be made. Section 101.36 requires that nutrition information be provided for dietary supplements offered for sale, unless an exemption in § 101.36(h) applies. In particular, § 101.36(b)(2) requires that the amount of trans fatty acids present in dietary supplements must be declared on the nutrition label on a separate line immediately under the line for the declaration of saturated fat. Section 101.36(e) permits the voluntary declaration of the quantitative amount and the percent of Daily Value of a dietary ingredient on a ‘‘per day’’ basis in addition to the required ‘‘per serving’’ basis, if a dietary supplement label recommends that the dietary supplement be consumed more than once per day. Section 101.36(f)(2) cross- E:\FR\FM\15JNN1.SGM 15JNN1 27506 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices references the provisions in § 101.9(g)(9) for the submission to us of requests for alternative approaches to nutrition labeling requirements. Also, § 101.36(h)(2) cross-references the provisions in § 101.9(j)(18) for the submission of small business exemption notices. As noted previously, we developed Form FDA 3570 to assist small businesses in claiming the small business exemption from nutrition labeling. The form contains all the elements required by § 101.36(h)(2). Section 101.42 requests that food retailers voluntarily provide nutrition information for raw fruits, vegetables, and fish at the point of purchase, and § 101.45 contains guidelines for providing such information. Also, § 101.45(c) provides for the submission to us of nutrient databases and proposed nutrition labeling values for raw fruit, vegetables, and fish for review and approval. Sections 101.54, 101.56, 101.60, 101.61, and 101.62 specify information that must be disclosed as a condition for making particular nutrient content claims. Section 101.67 provides for the use of nutrient content claims for butter, and cross-references requirements in other regulations for information declaration (§ 101.4) and disclosure of information concerning performance characteristics (§ 101.13(d)). Section 101.69 provides for the submission of a petition requesting that we authorize a particular nutrient content claim by regulation. Section 101.70 provides for the submission of a petition requesting that we authorize a particular health claim by regulation. Section 101.77(c)(2)(ii)(D) requires the disclosure of soluble fiber per serving in the nutrition labeling of a food bearing a health claim about the relationship between soluble fiber and a reduced risk of coronary heart disease. Section 101.79(c)(2)(iv) requires the disclosure of the amount of folate in the nutrition label of a food bearing a health claim about the relationship between folate and a reduced risk of neural tube defects. Section 101.100(d) provides that any agreement that forms the basis for an exemption from the labeling requirements of section 403(c), (e), (g), (h), (i), (k), and (q) of the FD&C Act be in writing and that a copy of the agreement be made available to us upon request. Section 101.100 also contains reporting and disclosure requirements as conditions for claiming certain labeling exemptions (e.g., 101.100(h)). Regulations in part 102 define the information that must be included as part of the statement of identity for particular foods and prescribe related labeling requirements for some of these foods. For example, § 102.22 requires that the name of a protein hydrolysate will include the identity of the food source from which the protein was derived. Part 104, which pertains to nutritional quality guidelines for foods, cross references several labeling provisions in part 101 but contains no separate information collection requirements. Part 105 contains special labeling requirements for hypoallergenic foods, infant foods, and certain foods represented as useful in reducing or maintaining body weight. The purpose of our food labeling requirements is to allow consumers to be knowledgeable about the foods they purchase. Nutrition labeling provides information for use by consumers in selecting a nutritious diet. Other information enables a consumer to comparison shop. Ingredient information also enables consumers to avoid substances to which they may be sensitive. Petitions or other requests submitted to us provide the basis for us to permit new labeling statements or to grant exemptions from certain labeling requirements. Recordkeeping requirements enable us to monitor the basis upon which certain label statements are made for food products and whether those statements are in compliance with the requirements of the FD&C Act or the FPLA. Description of Respondents: Respondents to this information collection are manufacturers, packers, and distributors of food products. Because of the existence of exemptions and exceptions, not all of the requirements apply to all food producers or to all of their products. Some of the regulations affect food retailers, such as supermarkets and restaurants. In the Federal Register of December 30, 2016 (81 FR 96462), FDA published a 60-day notice requesting public comment on the proposed collection of information. In this notice, FDA did not accurately reflect amendments approved in the final rule, technical amendments for 21 CFR parts 1, 100, 101, and 104, ‘‘Food Labeling; Technical Amendments,’’ dated August 29, 2016 (81 FR 59129), which changed section 101.105 to section 101.7. This has been corrected in this notice. In addition, FDA received two comments from the 60-day notice. One comment was not related to the PRA and will not be addressed here, and one comment was PRA-related and is addressed in this document. (Comment) One commenter stated that ensuring that food is labeled accurately and correctly is important because people should know exactly what is inside of different foods. Labeling food accurately and correctly ensures no information about the food is hidden because some people have allergies, and people should be allowed to provide feedback. (Response) FDA agrees with this comment, and this collection of information reinforces that food should be labeled accurately, with no hidden ingredients, for the public’s health and safety. In addition, the renewal of this collection of information provides the public the opportunity to comment and provide feedback on this collection. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL THIRD PARTY DISCLOSURE BURDEN 1 Number of respondents pmangrum on DSK3GDR082PROD with NOTICES 21 CFR section/part 101.3, 101.22, 102, and 104; statement of identity labeling requirements ... 101.4, 101.22, 101.100, 102, 104 and 105; ingredient labeling requirements. 101.5; requirement to specify the name and place of business of the manufacturer, packer, or distributor and, if the food producer is not the manufacturer of the food product, its connection with the food product. 101.9, 101.13(n), 101.14(d)(3), 101.62, and 104; labeling requirements for disclosure of nutrition information. 101.9(g)(9) and 101.36(f)(2); alternative means of compliance permitted .... 101.10; requirements for nutrition labeling of restaurant foods ..................... 101.12(b); RACC for baking powder, baking soda and pectin ...................... VerDate Sep<11>2014 16:34 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Number of disclosures per respondent Total annual disclosures Average burden per disclosure Total hours 25,000 25,000 1.03 1.03 25,750 25,750 .5 (30 minutes) ..... 1 ........................... 12,875 25,750 25,000 1.03 25,750 .25 (15 minutes) ... 6,438 25,000 1.03 25,750 .40 (24 minutes) ... 103,000 12 300,000 29 1 1.5 2.3 12 450,000 67 4 ........................... .25 (15 minutes) ... 1 ........................... 48 112,500 67 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 27507 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices TABLE 1—ESTIMATED ANNUAL THIRD PARTY DISCLOSURE BURDEN 1—Continued 101.12(e); adjustment to the RACC of an aerated food permitted ............... 101.12(g); requirement to disclose the serving size that is the basis for a claim made for the product if the serving size on which the claim is based differs from the RACC. 101.13(d)(1) and 101.67; requirements to disclose nutrition information for any food product for which a nutrient content claim is made. 101.13(j)(2), 101.13(k), 101.54, 101.56, 101.60, 101.61, and 101.62; additional disclosure required if the nutrient content claim compares the level of a nutrient in one food with the level of the same nutrient in another food. 101.13(q)(5); requirement that restaurants disclose the basis for nutrient content claims made for their food. 101.14(d)(2); general requirements for disclosure of nutrition information related to health claims for food products. 101.15; requirements pertaining to prominence of required statements and use of foreign language. 101.22(i)(4); supplier certifications for flavors designated as containing no artificial flavors. 101.30 and 102.33; labeling requirements for fruit or vegetable juice beverages. 101.36; nutrition labeling of dietary supplements .......................................... 101.42 and 101.45; nutrition labeling of raw fruits, vegetables, and fish ...... 101.45(c); databases of nutrient values for raw fruits, vegetables, and fish 101.79(c)(2)(i)(D); disclosure requirements for food labels that contain a folate/neural tube defect health claim. 101.79(c)(2)(iv); disclosure of amount of folate for food labels that contain a folate/neural tube defect health claim. 101.100(d); disclosure of agreements that form the basis for exemption from the labeling requirements of section 403(c), (e), (g), (h), (i), (k), and (q) of the FD&C Act. 101.7 and 101.100(h); disclosure requirements for food not accurately labeled for quantity of contents and for claiming certain labeling exemptions. Total ........................................................................................................ 1 There Number of disclosures per respondent Number of respondents 21 CFR section/part Total annual disclosures Average burden per disclosure Total hours 25 5,000 1 1 25 5,000 1 ........................... 1 ........................... 25 5,000 200 1 200 1 ........................... 200 5,000 1 5,000 1 ........................... 5,000 300,000 1.5 450,000 .75 (45 minutes) ... 337,500 300,000 1.5 450,000 .75 (45 minutes) ... 337,500 160 10 1,600 8 ........................... 12,800 25 1 25 1 ........................... 25 1,500 5 7,500 1 ........................... 7,500 300 1,000 5 1,000 40 1 4 1 12,000 1,000 20 1,000 4.025 .................... .5 (30 minutes) ..... 4 ........................... .25 (15 minutes) ... 48,300 500 80 250 100 1 100 .25 (15 minutes) ... 25 1,000 1 1,000 1 ........................... 1,000 25,000 1.03 25,750 .5 (30 minutes) ..... 12,875 ........................ ........................ ........................ ............................... 1,029,258 are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 101.7(t); recordkeeping pertaining to disclosure requirements for food not accurately labeled for quantity of contents. 101.12(e); recordkeeping to document the basis for density-adjusted RACC. 101.13(q)(5); recordkeeping to document the basis for nutrient content claims. 101.14(d)(2); recordkeeping to document nutrition information related to health claims for food products. 101.22(i)(4); recordkeeping to document supplier certifications for flavors designated as containing no artificial flavors. 101.100(d)(2); recordkeeping pertaining to agreements that form the basis for an exemption from the labeling requirements of section 403(c), (e), (g), (h), (i), (k), and (q) of the FD&C Act. Total ........................................................................................................ 1 Number of records per recordkeeper Number of recordkeepers 21 CFR section Total annual records Average burden per recordkeeping Total hours 100 1 100 1 ........................... 100 25 1 25 1 ........................... 25 300,000 1.5 450,000 .75 (45 minutes) ... 337,500 300,000 1.5 450,000 .75 (45 minutes) ... 337,500 25 1 25 1 ........................... 25 1,000 1 1,000 1 ........................... 1,000 ........................ ........................ ........................ ............................... 676,150 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN 1 pmangrum on DSK3GDR082PROD with NOTICES 101.9(j)(18) and 101.36(h)(2); procedure for small business nutrition labeling exemption notice using Form FDA 3570 .......................................................... 101.12(h); petitions to establish or amend a RACC ............................................. 101.69; petitions for nutrient content claims ......................................................... 101.70; petitions for health claims ........................................................................ 101.108; written proposal for requesting temporary exemptions from certain regulations for the purpose of conducting food labeling experiments .............. Total ............................................................................................................... 1 There Number of responses per respondent Number of respondents 21 CFR section/form No. Total annual responses 16:37 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00046 Total hours 10,000 5 3 5 1 1 1 1 10,000 5 3 5 8 80 25 80 80,000 400 75 400 1 1 1 40 40 ........................ ........................ ........................ ........................ 80,915 are no capital costs or operating and maintenance costs associated with this collection of information. VerDate Sep<11>2014 Average burden per response Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 27508 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices The estimated annual third party disclosure, recordkeeping, and reporting burdens are based on our communications with industry and our knowledge of and experience with food labeling and the submission of petitions and requests to us. We expect that the burden hours for submissions under § 101.108 will be insignificant. Section 101.108 was originally issued to provide a procedure whereby we could grant exemptions from certain food labeling requirements. Exemption petitions have infrequently been submitted in the recent past; none have been submitted since publication on January 6, 1993, of the final regulations implementing section 403(q) and (r) of the FD&C Act. Thus, in order to maintain OMB approval of § 101.108 to accommodate the possibility that a food producer may propose to conduct a labeling experiment on its own initiative, we estimate that we will receive one or fewer submissions under § 101.108 in the next 3 years. Dated: June 12, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–12443 Filed 6–14–17; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2014–N–0487] Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on ‘‘Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.’’ DATES: Submit either electronic or written comments on the collection of pmangrum on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:10 Jun 14, 2017 Jkt 241001 information by August 14, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before August 14, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of August 14, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date. 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– 2014–N–0487 for ‘‘Generic Clearance for the Collection of Qualitative Feedback PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 on Agency Service Delivery.’’ Received comments, those filed in a timely manner (see DATES), 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.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf. 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: Amber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, PRAStaff@fda.hhs.gov, 301–796– 8867. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal Agencies must obtain approval from the E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27504-27508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12443]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1155]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Food Labeling 
Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) 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 (PRA).

DATES: Fax written comments on the collection of information by July 
17, 2017.

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 0910-0381. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726.

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.

[[Page 27505]]

Food Labeling Regulations--21 CFR Parts 101, 102, 104, and 105

OMB Control Number 0910-0381--Extension

    Our food labeling regulations require food producers to disclose to 
consumers and others specific information about themselves or their 
products on the label or labeling of their products. Related 
regulations require that food producers retain records establishing the 
basis for the information contained in the label or labeling of their 
products and provide those records to regulatory officials. Finally, 
certain regulations provide for the submission of food labeling 
petitions to us. We issued our food labeling regulations under parts 
101, 102, 104, and 105 (21 CFR parts 101, 102, 104, and 105) under the 
authority of sections 4, 5, and 6 of the Fair Packaging and Labeling 
Act (the FPLA) (15 U.S.C. 1453, 1454, and 1455) and sections 201, 301, 
402, 403, 409, 411, 701, and 721 of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 321, 331, 342, 343, 348, 350, 
371, and 379e). Most of these regulations derive from section 403 of 
the FD&C Act, which provides that a food product shall be deemed to be 
misbranded if, among other things, its label or labeling fails to bear 
certain required information concerning the food product, is false or 
misleading in any particular, or bears certain types of unauthorized 
claims. The disclosure requirements and other collections of 
information in the regulations in parts 101, 102, 104, and 105 are 
necessary to ensure that food products produced or sold in the United 
States are in compliance with the labeling provisions of the FD&C Act 
and the FPLA.
    Section 101.3 of our food labeling regulations requires that the 
label of a food product in packaged form bear a statement of identity 
(i.e., the name of the product), including, as appropriate, the form of 
the food or the name of the food imitated. Section 101.4 prescribes 
requirements for the declaration of ingredients on the label or 
labeling of food products in packaged form. Section 101.5 requires that 
the label of a food product in packaged form specify the name and place 
of business of the manufacturer, packer, or distributor and, if the 
food producer is not the manufacturer of the food product, its 
connection with the food product. Section 101.7 specifies requirements 
for the declaration of the net quantity of contents on the label of a 
food in packaged form and prescribes conditions under which a food 
whose label does not accurately reflect the actual quantity of contents 
may be sold, with appropriate disclosures, to an institution operated 
by a Federal, State, or local government. Section 101.108 provides for 
the submission to us of a written proposal requesting a temporary 
exemption from certain requirements of Sec. Sec.  101.9 and 105.66 for 
the purpose of conducting food labeling experiments with our 
authorization. Section 101.9 requires that nutrition information be 
provided for all food products intended for human consumption and 
offered for sale, unless an exemption in Sec.  101.9(j) applies to the 
product. In particular, Sec.  101.9(c)(2)(ii) requires that the amount 
of trans fatty acids present in a food must be declared on the 
nutrition label on a separate line immediately under the line for the 
declaration of saturated fat. Section 101.9(g)(9) provides that 
interested parties may submit to us requests for alternative approaches 
to nutrition labeling requirements. Finally, Sec.  101.9(j)(18) 
provides that firms claiming the small business exemption from 
nutrition labeling must submit notice to us supporting their claim 
exemption. We developed Form FDA 3570 to assist small businesses in 
claiming the small business exemption from nutrition labeling. The form 
contains all the elements required by Sec.  101.9(j)(18).
    Section 101.10 requires that restaurants provide nutrition 
information, upon request, for any food or meal for which a nutrient 
content claim or health claim is made. Section 101.12(b) provides the 
reference amount that is used for determining the serving sizes for 
specific products, including baking powder, baking soda, and pectin. 
Section 101.12(e) provides that a manufacturer that adjusts the 
reference amount customarily consumed (RACC) of an aerated food for the 
difference in density of the aerated food relative to the density of 
the appropriate nonaerated reference food must be prepared to show us 
detailed protocols and records of all data that were used to determine 
the density-adjusted RACC. Section 101.12(g) requires that the label or 
labeling of a food product disclose the serving size that is the basis 
for a claim made for the product if the serving size on which the claim 
is based differs from the RACC. Section 101.12(h) provides for the 
submission of petitions requesting that we change the reference amounts 
defined by regulation.
    Section 101.13 requires that nutrition information be provided in 
accordance with Sec.  101.9 for any food product for which a nutrient 
content claim is made. Under some circumstances, Sec.  101.13 also 
requires the disclosure of other types of information as a condition 
for the use of a nutrient content claim. For example, under Sec.  
101.13(j), if the claim compares the level of a nutrient in the food 
with the level of the same nutrient in another ``reference'' food, the 
claim must also disclose the identity of the reference food, the amount 
of the nutrient in each food, and the percentage or fractional amount 
by which the amount of the nutrient in the labeled food differs from 
the amount of the nutrient in the reference food. It also requires that 
when this comparison is based on an average of food products, this 
information must be provided to consumers or regulatory officials upon 
request. Section 101.13(q)(5) requires that restaurants document and 
provide to appropriate regulatory officials, upon request, the basis 
for any nutrient content claims they have made for the foods they sell.
    Section 101.14(d)(2) and (3) provides for the disclosure of 
nutrition information in accordance with Sec.  101.9 and, under some 
circumstances, certain other information as a condition for making a 
health claim for a food product. Section 101.15 provides that, if the 
label of a food product contains any representation in a foreign 
language, all words, statements, and other information required by or 
under authority of the FD&C Act to appear on the label must appear in 
both the foreign language and in English. Section 101.22 contains 
labeling requirements for the disclosure of spices, flavorings, 
colorings, and chemical preservatives in food products. Section 
101.22(i)(4) sets forth disclosure and recordkeeping requirements 
pertaining to certifications for flavors designated as containing no 
artificial flavors. Section 101.30 specifies the conditions under which 
a beverage that purports to contain any fruit or vegetable juice must 
declare the percentage of juice present in the beverage and the manner 
in which the declaration is to be made.
    Section 101.36 requires that nutrition information be provided for 
dietary supplements offered for sale, unless an exemption in Sec.  
101.36(h) applies. In particular, Sec.  101.36(b)(2) requires that the 
amount of trans fatty acids present in dietary supplements must be 
declared on the nutrition label on a separate line immediately under 
the line for the declaration of saturated fat. Section 101.36(e) 
permits the voluntary declaration of the quantitative amount and the 
percent of Daily Value of a dietary ingredient on a ``per day'' basis 
in addition to the required ``per serving'' basis, if a dietary 
supplement label recommends that the dietary supplement be consumed 
more than once per day. Section 101.36(f)(2) cross-

[[Page 27506]]

references the provisions in Sec.  101.9(g)(9) for the submission to us 
of requests for alternative approaches to nutrition labeling 
requirements. Also, Sec.  101.36(h)(2) cross-references the provisions 
in Sec.  101.9(j)(18) for the submission of small business exemption 
notices. As noted previously, we developed Form FDA 3570 to assist 
small businesses in claiming the small business exemption from 
nutrition labeling. The form contains all the elements required by 
Sec.  101.36(h)(2).
    Section 101.42 requests that food retailers voluntarily provide 
nutrition information for raw fruits, vegetables, and fish at the point 
of purchase, and Sec.  101.45 contains guidelines for providing such 
information. Also, Sec.  101.45(c) provides for the submission to us of 
nutrient databases and proposed nutrition labeling values for raw 
fruit, vegetables, and fish for review and approval.
    Sections 101.54, 101.56, 101.60, 101.61, and 101.62 specify 
information that must be disclosed as a condition for making particular 
nutrient content claims. Section 101.67 provides for the use of 
nutrient content claims for butter, and cross-references requirements 
in other regulations for information declaration (Sec.  101.4) and 
disclosure of information concerning performance characteristics (Sec.  
101.13(d)). Section 101.69 provides for the submission of a petition 
requesting that we authorize a particular nutrient content claim by 
regulation. Section 101.70 provides for the submission of a petition 
requesting that we authorize a particular health claim by regulation. 
Section 101.77(c)(2)(ii)(D) requires the disclosure of soluble fiber 
per serving in the nutrition labeling of a food bearing a health claim 
about the relationship between soluble fiber and a reduced risk of 
coronary heart disease. Section 101.79(c)(2)(iv) requires the 
disclosure of the amount of folate in the nutrition label of a food 
bearing a health claim about the relationship between folate and a 
reduced risk of neural tube defects.
    Section 101.100(d) provides that any agreement that forms the basis 
for an exemption from the labeling requirements of section 403(c), (e), 
(g), (h), (i), (k), and (q) of the FD&C Act be in writing and that a 
copy of the agreement be made available to us upon request. Section 
101.100 also contains reporting and disclosure requirements as 
conditions for claiming certain labeling exemptions (e.g., 101.100(h)).
    Regulations in part 102 define the information that must be 
included as part of the statement of identity for particular foods and 
prescribe related labeling requirements for some of these foods. For 
example, Sec.  102.22 requires that the name of a protein hydrolysate 
will include the identity of the food source from which the protein was 
derived.
    Part 104, which pertains to nutritional quality guidelines for 
foods, cross references several labeling provisions in part 101 but 
contains no separate information collection requirements.
    Part 105 contains special labeling requirements for hypoallergenic 
foods, infant foods, and certain foods represented as useful in 
reducing or maintaining body weight.
    The purpose of our food labeling requirements is to allow consumers 
to be knowledgeable about the foods they purchase. Nutrition labeling 
provides information for use by consumers in selecting a nutritious 
diet. Other information enables a consumer to comparison shop. 
Ingredient information also enables consumers to avoid substances to 
which they may be sensitive. Petitions or other requests submitted to 
us provide the basis for us to permit new labeling statements or to 
grant exemptions from certain labeling requirements. Recordkeeping 
requirements enable us to monitor the basis upon which certain label 
statements are made for food products and whether those statements are 
in compliance with the requirements of the FD&C Act or the FPLA.
    Description of Respondents: Respondents to this information 
collection are manufacturers, packers, and distributors of food 
products. Because of the existence of exemptions and exceptions, not 
all of the requirements apply to all food producers or to all of their 
products. Some of the regulations affect food retailers, such as 
supermarkets and restaurants.
    In the Federal Register of December 30, 2016 (81 FR 96462), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. In this notice, FDA did not accurately 
reflect amendments approved in the final rule, technical amendments for 
21 CFR parts 1, 100, 101, and 104, ``Food Labeling; Technical 
Amendments,'' dated August 29, 2016 (81 FR 59129), which changed 
section 101.105 to section 101.7. This has been corrected in this 
notice. In addition, FDA received two comments from the 60-day notice. 
One comment was not related to the PRA and will not be addressed here, 
and one comment was PRA-related and is addressed in this document.
    (Comment) One commenter stated that ensuring that food is labeled 
accurately and correctly is important because people should know 
exactly what is inside of different foods. Labeling food accurately and 
correctly ensures no information about the food is hidden because some 
people have allergies, and people should be allowed to provide 
feedback.
    (Response) FDA agrees with this comment, and this collection of 
information reinforces that food should be labeled accurately, with no 
hidden ingredients, for the public's health and safety. In addition, 
the renewal of this collection of information provides the public the 
opportunity to comment and provide feedback on this collection.
    FDA estimates the burden of this collection of information as 
follows:

                                               Table 1--Estimated Annual Third Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                                                    Number of      disclosures    Total annual
              21 CFR section/part                  respondents         per         disclosures        Average burden per disclosure         Total hours
                                                                   respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.3, 101.22, 102, and 104; statement of                25,000            1.03          25,750  .5 (30 minutes)........................          12,875
 identity labeling requirements.
101.4, 101.22, 101.100, 102, 104 and 105;                25,000            1.03          25,750  1......................................          25,750
 ingredient labeling requirements.
101.5; requirement to specify the name and               25,000            1.03          25,750  .25 (15 minutes).......................           6,438
 place of business of the manufacturer, packer,
 or distributor and, if the food producer is
 not the manufacturer of the food product, its
 connection with the food product.
101.9, 101.13(n), 101.14(d)(3), 101.62, and              25,000            1.03          25,750  .40 (24 minutes).......................         103,000
 104; labeling requirements for disclosure of
 nutrition information.
101.9(g)(9) and 101.36(f)(2); alternative means              12               1              12  4......................................              48
 of compliance permitted.
101.10; requirements for nutrition labeling of          300,000             1.5         450,000  .25 (15 minutes).......................         112,500
 restaurant foods.
101.12(b); RACC for baking powder, baking soda               29             2.3              67  1......................................              67
 and pectin.

[[Page 27507]]

 
101.12(e); adjustment to the RACC of an aerated              25               1              25  1......................................              25
 food permitted.
101.12(g); requirement to disclose the serving            5,000               1           5,000  1......................................           5,000
 size that is the basis for a claim made for
 the product if the serving size on which the
 claim is based differs from the RACC.
101.13(d)(1) and 101.67; requirements to                    200               1             200  1......................................             200
 disclose nutrition information for any food
 product for which a nutrient content claim is
 made.
101.13(j)(2), 101.13(k), 101.54, 101.56,                  5,000               1           5,000  1......................................           5,000
 101.60, 101.61, and 101.62; additional
 disclosure required if the nutrient content
 claim compares the level of a nutrient in one
 food with the level of the same nutrient in
 another food.
101.13(q)(5); requirement that restaurants              300,000             1.5         450,000  .75 (45 minutes).......................         337,500
 disclose the basis for nutrient content claims
 made for their food.
101.14(d)(2); general requirements for                  300,000             1.5         450,000  .75 (45 minutes).......................         337,500
 disclosure of nutrition information related to
 health claims for food products.
101.15; requirements pertaining to prominence               160              10           1,600  8......................................          12,800
 of required statements and use of foreign
 language.
101.22(i)(4); supplier certifications for                    25               1              25  1......................................              25
 flavors designated as containing no artificial
 flavors.
101.30 and 102.33; labeling requirements for              1,500               5           7,500  1......................................           7,500
 fruit or vegetable juice beverages.
101.36; nutrition labeling of dietary                       300              40          12,000  4.025..................................          48,300
 supplements.
101.42 and 101.45; nutrition labeling of raw              1,000               1           1,000  .5 (30 minutes)........................             500
 fruits, vegetables, and fish.
101.45(c); databases of nutrient values for raw               5               4              20  4......................................              80
 fruits, vegetables, and fish.
101.79(c)(2)(i)(D); disclosure requirements for           1,000               1           1,000  .25 (15 minutes).......................             250
 food labels that contain a folate/neural tube
 defect health claim.
101.79(c)(2)(iv); disclosure of amount of                   100               1             100  .25 (15 minutes).......................              25
 folate for food labels that contain a folate/
 neural tube defect health claim.
101.100(d); disclosure of agreements that form            1,000               1           1,000  1......................................           1,000
 the basis for exemption from the labeling
 requirements of section 403(c), (e), (g), (h),
 (i), (k), and (q) of the FD&C Act.
101.7 and 101.100(h); disclosure requirements            25,000            1.03          25,750  .5 (30 minutes)........................          12,875
 for food not accurately labeled for quantity
 of contents and for claiming certain labeling
 exemptions.
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................       1,029,258
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                 21 CFR section                     Number of      records per    Total annual       Average burden per recordkeeping       Total hours
                                                  recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.7(t); recordkeeping pertaining to                       100               1             100  1......................................             100
 disclosure requirements for food not
 accurately labeled for quantity of contents.
101.12(e); recordkeeping to document the basis               25               1              25  1......................................              25
 for density-adjusted RACC.
101.13(q)(5); recordkeeping to document the             300,000             1.5         450,000  .75 (45 minutes).......................         337,500
 basis for nutrient content claims.
101.14(d)(2); recordkeeping to document                 300,000             1.5         450,000  .75 (45 minutes).......................         337,500
 nutrition information related to health claims
 for food products.
101.22(i)(4); recordkeeping to document                      25               1              25  1......................................              25
 supplier certifications for flavors designated
 as containing no artificial flavors.
101.100(d)(2); recordkeeping pertaining to                1,000               1           1,000  1......................................           1,000
 agreements that form the basis for an
 exemption from the labeling requirements of
 section 403(c), (e), (g), (h), (i), (k), and
 (q) of the FD&C Act.
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................         676,150
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                 Table 3--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     21 CFR section/form No.         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
101.9(j)(18) and 101.36(h)(2);            10,000               1          10,000               8          80,000
 procedure for small business
 nutrition labeling exemption
 notice using Form FDA 3570.....
101.12(h); petitions to                        5               1               5              80             400
 establish or amend a RACC......
101.69; petitions for nutrient                 3               1               3              25              75
 content claims.................
101.70; petitions for health                   5               1               5              80             400
 claims.........................
101.108; written proposal for                  1               1               1              40              40
 requesting temporary exemptions
 from certain regulations for
 the purpose of conducting food
 labeling experiments...........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          80,915
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 27508]]

    The estimated annual third party disclosure, recordkeeping, and 
reporting burdens are based on our communications with industry and our 
knowledge of and experience with food labeling and the submission of 
petitions and requests to us.
    We expect that the burden hours for submissions under Sec.  101.108 
will be insignificant. Section 101.108 was originally issued to provide 
a procedure whereby we could grant exemptions from certain food 
labeling requirements. Exemption petitions have infrequently been 
submitted in the recent past; none have been submitted since 
publication on January 6, 1993, of the final regulations implementing 
section 403(q) and (r) of the FD&C Act. Thus, in order to maintain OMB 
approval of Sec.  101.108 to accommodate the possibility that a food 
producer may propose to conduct a labeling experiment on its own 
initiative, we estimate that we will receive one or fewer submissions 
under Sec.  101.108 in the next 3 years.

    Dated: June 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12443 Filed 6-14-17; 8:45 am]
 BILLING CODE 4164-01-P
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