Food for Human Consumption; Export Certificates; Food and Drug Administration Food Safety Modernization Act of 2011; Certification Fees, 44890-44891 [2018-19064]

Download as PDF 44890 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices • Information gathered will not be used for the purpose of substantially informing influential policy decisions; 2 and • Information gathered will yield qualitative findings; the collections will not be designed or expected to yield statistical data or used as though the results are generalizable to the population of study. To obtain approval for a collection that meets the conditions of this generic clearance, an abbreviated supporting statement will be submitted to OMB along with supporting documentation (e.g., a copy of the survey or experimental design and stimuli for testing). FDA will submit individual quantitative collections under this generic clearance to OMB. Individual quantitative collections will also undergo review by FDA’s Research Involving Human Subjects Committee, senior leadership in the Center for Food Safety and Applied Nutrition, and PRA specialists. Respondents to this collection of information may include a wide range of consumers and other FDA stakeholders such as producers and manufacturers who are regulated under FDA-regulated food and cosmetic products, dietary supplements, and animal food and feed. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN BY ANTICIPATED DATA COLLECTION METHODS 1 Number of respondents Survey type Total annual responses Total hours Cognitive Interviews Screener ......................................................................... Cognitive Interviews ......................................................................................... Pre-test Study Screener .................................................................................. Pre-testing Study ............................................................................................. Self-administered Surveys/Experimental Studies Screener ............................ Self-Administered Surveys/Experimental Studies ........................................... 720 144 2,400 480 75,000 15,000 1 1 1 1 1 1 720 144 2,400 480 75,000 15,000 60 144 199 120 6,225 3,750 Total .......................................................................................................... ........................ ........................ ........................ 10,498 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The total estimated annual burden is 10,498 hours. Current estimates are based on both historical numbers of participants from past projects as well as estimates for projects to be conducted in the next 3 years. The number of participants to be included in each new survey will vary, depending on the nature of the compliance efforts and the target audience. SUMMARY: The Food and Drug Administration (FDA or we) is In April 1996, the ‘‘FDA Export Reform and Enhancement Act of 1996’’ (Pub. L. 104–134, amended by Pub. L. 104–180) amended sections 801 and 802 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 381 and 382). As a result of the 1996 amendments, section 801(e)(4) of the FD&C Act provides that persons exporting a drug, animal drug, or device may request FDA to certify that the product meets the requirements of section 801(e)(1), section 802, or other applicable requirements of the FD&C Act. Upon a showing that the product meets the applicable requirements, the law provides that FDA shall issue export certification within 20 days of the receipt of a request for such certification. The law also authorizes us to charge up to $175 for each certification issued within the 20-day period. In January 2011, section 801(e)(4) of the FD&C Act was further amended by FSMA (Pub. L. 111–353) to authorize FDA to issue, and charge fees for, export certificates for food. Under section 801(e)(4)(C) of the FD&C Act, an export certification can be made in such form (including a publicly available listing) as FDA determines appropriate. This notice focuses on the fees to be assessed with respect to export certificates issued by the Center for Food Safety and Applied Nutrition (CFSAN) for food for human 2 As defined in OMB and agency Information Quality Guidelines, ‘‘influential’’ means that ‘‘an agency can reasonably determine that dissemination of the information will have or does have a clear and substantial impact on important public policies or important private sector decisions.’’ Dated: August 28, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–19088 Filed 8–31–18; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2018–N–2700] Food for Human Consumption; Export Certificates; Food and Drug Administration Food Safety Modernization Act of 2011; Certification Fees AGENCY: sradovich on DSK3GMQ082PROD with NOTICES Number of responses per respondent Food and Drug Administration, HHS. ACTION: Notice. VerDate Sep<11>2014 17:54 Aug 31, 2018 announcing the fees we will assess for issuing export certificates for food for human consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use. The FDA Food Safety Modernization Act (FSMA) of 2011 authorizes us to charge fees to cover our costs associated with issuing export certificates for food. This notice provides the fee schedule for issuing these certificates and the basis for the fees. We have not previously exercised our FSMA authority to collect fees for export certificates issued for food for human consumption. DATES: The fees described in this document for export certificates for food for human consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use, will be effective October 1, 2018. FOR FURTHER INFORMATION CONTACT: Kate Meck, International Affairs Staff, Center for Food Safety and Applied Nutrition (HFS–550), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–2307, CFSANExportCertification@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1 44891 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use. This notice applies to foods such as produce, grains, processed foods, food additives, color additives, food contact substances, generally regarded as safe ingredients, infant formula, and all other foods not specifically excluded. Dietary supplements, medical foods, and foods for special dietary use are excluded from this notice. II. Fees To Be Assessed for Export Certificates CFSAN estimates the annual costs of the export certification program for food for human consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use, to be approximately $975,000 per year for preparing and issuing export certificates. The costs are due to payroll and operating expenses. Specifically, there are four cost categories for preparing and issuing export certificates in general: (1) Direct personnel for research, review, tracking, writing, and assembly; (2) an information technology system used for tracking and processing certificates; (3) billing and collection of fees; and (4) overhead and administrative support. In fiscal year (FY) 2017 CFSAN issued approximately 4,072 export certificates for food for human consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use. Because CFSAN has not been charging fees for issuing these export certificates, the program has been covered by appropriated funds. As mentioned previously, FDA may charge up to $175 for each certificate. Certificates for some of the foods that are the subject of this notice cost us more than $175 to prepare. Subsequent certificates issued for the same product(s) in response to the same request generally cost FDA less than $175 to prepare. The fee for all subsequent certificates for the same product(s) issued in response to the same request reflects reduced FDA costs for preparing those certificates. The following fees will be assessed starting October 1, 2018, for export certificates for food for human consumption, with the exception of dietary supplements, medical foods, and foods for special dietary use: ACTION: In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. SUMMARY: TABLE 1—CFSAN FEES FOR FIRST, SECOND, AND SUBSEQUENT EXPORT CERTIFICATES Fee (dollars) Type of certificate First certificate ...................... Second certificate for the same product(s) issued in response to the same request ................................. Subsequent certificates for the same product(s) issued in response to the same request .................... Notice. Comments on the ICR must be received on or before October 4, 2018. DATES: 175 Submit your comments to OIRA_submission@omb.eop.gov or via facsimile to (202) 395–5806. ADDRESSES: 155 FOR FURTHER INFORMATION CONTACT: Sherrette Funn, Sherrette.Funn@hhs.gov or (202) 795–7714. When submitting 100 comments or requesting information, please include the document identifier The fee for issuing the first export 4040–0014–30D and project title for certificate for food for human reference. consumption, with the exception of dietary supplements, medical foods, and SUPPLEMENTARY INFORMATION: Interested foods for special dietary use, will be at persons are invited to send comments the maximum allowable amount and regarding this burden estimate or any consistent with the export certification other aspect of this collection of fees assessed since FY 1997 by other information, including any of the FDA Centers that provide export following subjects: (1) The necessity and certification for drugs and devices. It is utility of the proposed information also consistent with the export collection for the proper performance of certification fees assessed by the Center the agency’s functions; (2) the accuracy for Veterinary Medicine (CVM) for certificates for animal food, which CVM of the estimated burden; (3) ways to enhance the quality, utility, and clarity began assessing in FY 2016 because the FSMA amendments to section 801(e)(4) of the information to be collected; and of the FD&C Act also apply to animal (4) the use of automated collection food. The fees for issuing subsequent techniques or other forms of information certificates continue to differ among the technology to minimize the information Centers, based on varying costs. collection burden. Dated: August 28, 2018. Title of the Collections: Federal Leslie Kux, Financial Report (SF–425) and Federal Associate Commissioner for Policy. Financial Report Attachment (SF– [FR Doc. 2018–19064 Filed 8–31–18; 8:45 am] 425A). BILLING CODE 4164–01–P Type of Collection: Extension. OMB No.: 4040–0014. DEPARTMENT OF HEALTH AND Abstract: Federal Financial Report HUMAN SERVICES (SF–425) and Federal Financial Report Attachment (SF–425A) are OMB[Document Identifier: OS–4040–0014] approved collections (4040–0014). Agency Information Collection These information collections are used Request; 30-Day Public Comment by grant awardees. The ICs expire on Request January 31, 2019. We are requesting a three-year clearance of these collections. AGENCY: Office of the Secretary, HHS. sradovich on DSK3GMQ082PROD with NOTICES ESTIMATED ANNUALIZED BURDEN TABLE Average burden hours per response Type of respondent Federal Financial Report (SF–425) ................................ Federal Financial Report Attachment (SF–425A) ........... Grant Applicant .. Grant Applicant .. 100,000 100,000 1 1 1 1 100,000 100,000 Total ......................................................................... ............................ 200,000 ........................ ........................ 200,000 VerDate Sep<11>2014 17:54 Aug 31, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Number of respondents Number of responses per respondent Forms Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1 Total burden hours

Agencies

[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44890-44891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19064]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-2700]


Food for Human Consumption; Export Certificates; Food and Drug 
Administration Food Safety Modernization Act of 2011; Certification 
Fees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
fees we will assess for issuing export certificates for food for human 
consumption, with the exception of dietary supplements, medical foods, 
and foods for special dietary use. The FDA Food Safety Modernization 
Act (FSMA) of 2011 authorizes us to charge fees to cover our costs 
associated with issuing export certificates for food. This notice 
provides the fee schedule for issuing these certificates and the basis 
for the fees. We have not previously exercised our FSMA authority to 
collect fees for export certificates issued for food for human 
consumption.

DATES: The fees described in this document for export certificates for 
food for human consumption, with the exception of dietary supplements, 
medical foods, and foods for special dietary use, will be effective 
October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kate Meck, International Affairs 
Staff, Center for Food Safety and Applied Nutrition (HFS-550), Food and 
Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-
2307, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In April 1996, the ``FDA Export Reform and Enhancement Act of 
1996'' (Pub. L. 104-134, amended by Pub. L. 104-180) amended sections 
801 and 802 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) 
(21 U.S.C. 381 and 382). As a result of the 1996 amendments, section 
801(e)(4) of the FD&C Act provides that persons exporting a drug, 
animal drug, or device may request FDA to certify that the product 
meets the requirements of section 801(e)(1), section 802, or other 
applicable requirements of the FD&C Act. Upon a showing that the 
product meets the applicable requirements, the law provides that FDA 
shall issue export certification within 20 days of the receipt of a 
request for such certification. The law also authorizes us to charge up 
to $175 for each certification issued within the 20-day period.
    In January 2011, section 801(e)(4) of the FD&C Act was further 
amended by FSMA (Pub. L. 111-353) to authorize FDA to issue, and charge 
fees for, export certificates for food. Under section 801(e)(4)(C) of 
the FD&C Act, an export certification can be made in such form 
(including a publicly available listing) as FDA determines appropriate.
    This notice focuses on the fees to be assessed with respect to 
export certificates issued by the Center for Food Safety and Applied 
Nutrition (CFSAN) for food for human

[[Page 44891]]

consumption, with the exception of dietary supplements, medical foods, 
and foods for special dietary use. This notice applies to foods such as 
produce, grains, processed foods, food additives, color additives, food 
contact substances, generally regarded as safe ingredients, infant 
formula, and all other foods not specifically excluded. Dietary 
supplements, medical foods, and foods for special dietary use are 
excluded from this notice.

II. Fees To Be Assessed for Export Certificates

    CFSAN estimates the annual costs of the export certification 
program for food for human consumption, with the exception of dietary 
supplements, medical foods, and foods for special dietary use, to be 
approximately $975,000 per year for preparing and issuing export 
certificates. The costs are due to payroll and operating expenses. 
Specifically, there are four cost categories for preparing and issuing 
export certificates in general: (1) Direct personnel for research, 
review, tracking, writing, and assembly; (2) an information technology 
system used for tracking and processing certificates; (3) billing and 
collection of fees; and (4) overhead and administrative support. In 
fiscal year (FY) 2017 CFSAN issued approximately 4,072 export 
certificates for food for human consumption, with the exception of 
dietary supplements, medical foods, and foods for special dietary use. 
Because CFSAN has not been charging fees for issuing these export 
certificates, the program has been covered by appropriated funds.
    As mentioned previously, FDA may charge up to $175 for each 
certificate. Certificates for some of the foods that are the subject of 
this notice cost us more than $175 to prepare. Subsequent certificates 
issued for the same product(s) in response to the same request 
generally cost FDA less than $175 to prepare. The fee for all 
subsequent certificates for the same product(s) issued in response to 
the same request reflects reduced FDA costs for preparing those 
certificates.
    The following fees will be assessed starting October 1, 2018, for 
export certificates for food for human consumption, with the exception 
of dietary supplements, medical foods, and foods for special dietary 
use:

      Table 1--CFSAN Fees for First, Second, and Subsequent Export
                              Certificates
------------------------------------------------------------------------
                   Type of certificate                    Fee  (dollars)
------------------------------------------------------------------------
First certificate.......................................             175
Second certificate for the same product(s) issued in                 155
 response to the same request...........................
Subsequent certificates for the same product(s) issued               100
 in response to the same request........................
------------------------------------------------------------------------

    The fee for issuing the first export certificate for food for human 
consumption, with the exception of dietary supplements, medical foods, 
and foods for special dietary use, will be at the maximum allowable 
amount and consistent with the export certification fees assessed since 
FY 1997 by other FDA Centers that provide export certification for 
drugs and devices. It is also consistent with the export certification 
fees assessed by the Center for Veterinary Medicine (CVM) for 
certificates for animal food, which CVM began assessing in FY 2016 
because the FSMA amendments to section 801(e)(4) of the FD&C Act also 
apply to animal food. The fees for issuing subsequent certificates 
continue to differ among the Centers, based on varying costs.

    Dated: August 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19064 Filed 8-31-18; 8:45 am]
BILLING CODE 4164-01-P


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