Submission for OMB Review; Comment Request, 5480-5481 [2024-01704]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5480-5481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01704]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
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Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / 
Notices

[[Page 5480]]



DEPARTMENT OF AGRICULTURE


Submission for OMB Review; Comment Request

    The Department of Agriculture has submitted the following 
information collection requirement(s) to OMB for review and approval 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
are requested regarding: whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumptions used; ways to enhance the quality, 
utility and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology Comments regarding these 
information collections are best assured of having their full effect if 
received by February 28, 2024. Written comments and recommendations for 
the proposed information collection should be submitted within 30 days 
of the publication of this notice on the following website 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.
    An agency may not conduct or sponsor a collection of information 
unless the collection of information displays a currently valid OMB 
control number and the agency informs potential persons who are to 
respond to the collection of information that such persons are not 
required to respond to the collection of information unless it displays 
a currently valid OMB control number.

Agricultural Marketing Service

    Title: Reporting and Recordkeeping Requirements under Regulations 
(Other than Rules of Practice) Under the Perishable Agricultural 
Commodities Act, 1930.
    OMB Control Number: 0581-0031.
    Summary of Collection: The Perishable Agricultural Commodities Act 
(PACA) (7 U.S.C. 499a-499t) and PACA Regulations (7 CFR part 46) 
require nearly all persons who operate as commission merchants, 
dealers, and brokers buying or selling fruits and/or vegetables in 
interstate or foreign commerce to be licensed. The PACA requires that 
all parties fulfill their contractual obligations, and provides a forum 
for resolving contract disputes. Those who engage in practices 
prohibited by the PACA may have their licenses suspended or revoked. 
The license is effective for three (3) years for retailers and grocery 
wholesalers, unless withdrawn by USDA for valid reasons [7 CFR 46.9 
(a)-(h)], and must be renewed on a triennial basis. The license for all 
other licensees will then be effective for one year, unless withdrawn 
by USDA for valid reasons [7 CFR 46.9 (a)-(h)] and must be renewed on 
an annual basis. Also, licensees must report changes in principals, 
stockholders, home addresses, and business locations to allow for 
proper notification in the event of a dispute. Sections 3 and 4 of the 
PACA and Sections 46.3 through 46.13 of the Regulations establish the 
requirement for licensing and the type of information that must be 
reported. The Division also asks that each licensee provide a business 
email address in the event that the licensee wishes to receive license 
or other PACA program information electronically. Section 9 of the PACA 
and Sections 46.14 through 46.32 of the Regulations define the type of 
business records that licensees must maintain. Businesses also provide 
federal tax identification numbers per USDA's National Finance Center 
(NFC) which handles all financial transactions for the PACA Division. 
NFC is required by the Internal Revenue Service to report refunds to 
businesses as taxable income. USDA had previously considered the 
possibility of requiring licensees to provide a standard numerical 
business identifier, such as the DUNS Number (Dun and Bradstreet's Data 
Universal Numbering System). However, this requirement for this 
identifier has been delayed indefinitely.
    Need and Use of the Information: The information gathered on the 
following forms and business records is required by the PACA and the 
PACA Regulations. The information is used to adjudicate reparation and 
administrative complaints filed against licensees to determine the 
imposition of sanctions on firms and responsibly connected individuals 
who have engaged in unfair trading practices. If this information was 
unavailable, it would be impossible to identify and regulate 
individuals or firms that are restricted due to sanctions imposed 
because of reparation or administrative actions. Due to a recent AMS 
reorganization, PACA Division is now under the Fair Trade Practices 
Program (FTPP).
    Description of Respondents: Business or other for-profit.
    Number of Respondents: 9,178.
    Frequency of Responses: Recordkeeping; Reporting: On occasion.
    Total Burden Hours: 87,450.

Agricultural Marketing Service

    Title: Child Nutrition Labeling Program.
    OMB Control Number: 0581-0261.
    Summary of Collection: The CN Labeling Program is a voluntary 
technical assistance program, developed and implemented in 1984. The 
program is designed to aid schools and institutions participating in 
the National School Lunch Program (NSLP), School Breakfast Program 
(SBP), Child and Adult Care Food Program (CACFP), and Summer Food 
Service Program (SFSP), by determining the contribution a commercial 
product makes toward the meal pattern requirements of these programs.
    The National School Lunch Act (NSLA) was enacted as a measure of 
national security, to safeguard the health and well being of the 
nation's children and encourage the domestic consumption of 
agricultural commodities through federally supported school lunch 
programs. Section 9 (a) of the Act provides that ``Lunches served by 
schools participating in the school lunch program . . . shall meet 
minimum nutritional requirements prescribed by

[[Page 5481]]

the Secretary on the basis of nutritional research.'' Public Law 90-302 
enacted in 1968 amended the NSLA and established the Special Food 
Service Program for Children (SFSPFC). This was a pilot program 
consisting of the forerunners to the Child Care Food Program and Summer 
Food Service Program. The SFSPFC was created in response to the growing 
number of working mothers and their children's need for good nutrition 
when not attending school. Food service programs for children were 
further strengthened in 1975 when Congress separated the Child Care 
Food Program and Summer Food Service components of the SFSPFC and 
provided each with legislative authorization. The National School Lunch 
Act mandates the establishment of meal pattern requirements for the 
Summer Food Service Program (section 13(f)) and for the Child Care Food 
Program (section 17(g)). The Child Nutrition Act of 1966 was enacted to 
strengthen and expand food service programs for children. Section 4(e) 
mandates minimum nutritional requirements for the SBP.
    The Child Nutrition Labeling Program evolved in response to a need 
by child nutrition food service personnel to determine the contribution 
foods make toward the meal pattern requirements of the Child Nutrition 
Programs. During the 1970's, changes and expansion in food technology 
and marketing increased the availability and use of commercially 
prepared products such as beef patties and combination food items 
(burritos, pizzas, etc.) in the Child Nutrition Programs. These 
products posed a problem for food service personnel. It was difficult 
at the point of sale to determine their contribution towards the food 
based meal pattern requirements and assure compliance with Federal 
regulations for serving specific amounts of food. With the anticipation 
of increased sales of these products to the Child Nutrition Programs, 
FNS was prompted to form an evaluation committee to determine a means 
for properly evaluating the contribution of these products in meeting 
the meal pattern requirements. The Committee, composed of Food and 
Nutrition Service (FNS), Food Safety Inspection Service (FSIS), 
Agricultural Marketing Service (AMS), and National Marine Fisheries 
Service (NMFS) staff worked together to recommend, design, and 
implement the CN Labeling Program to review and monitor such products.
    The Child Nutrition Labeling Program is implemented in conjunction 
with existing label approval programs administered by the Food Safety 
and Inspection Service (FSIS), and the U.S. Department of Commerce 
(DoC). To participate in the CN Labeling Program, industry submits 
labels to AMS of products that are in conformance with the FSIS label 
approval program (for meat and poultry), and the DoC label approval 
program (for seafood products).
    Need and Use of the Information: AMS To participate in the CN 
Labeling Program, a food manufacturer submits a label application to 
AMS for each food item they wish to market with a CN label. The CN 
label statement indicates the portion size and what that portion 
provides towards the meal pattern requirements. AMS reviews the product 
formulation to determine if the CN label statement is accurate. The 
burden accounted for includes the CN elements of the form only (AMS 
reviews boxes 4, 5a, 9, 15, and 16 and it is estimated to take 15 
minutes to complete). If the CN label is correct and complies with CN 
Labeling requirements, AMS places a CN stamp of approval on the FSIS 
Form 7234-1 (OMB approval number: 0583-0092) (which food manufacturers 
use to submit their CN label applications). Once the label is approved 
it can be used by the manufacturer. The existence of a CN label on a 
product assures schools and other CN program operators that the product 
contributes to the meal pattern requirements as stated on the label.
    There is no Federal requirement that commercially prepared products 
have CN label statements. The decision to require that products used in 
the Child Nutrition Programs contain a CN label statement is left to 
the local schools, child-care or summer institutions, or States 
administering these programs. However, the CN Labeling Program plays a 
significant role in the food service management of Child Nutrition 
Programs. The scope and use of products labeled under the CN Labeling 
Program have continually expanded. The continued requests for CN labels 
by food manufacturers and food service directors are due to the 
following: (1) The increased use of commercially prepared products, (2) 
the requirement by some States that applicable processed donated food 
products bear a CN label statement, and (3) increased use of the CN 
label as a requirement in purchase specifications prepared by local 
school food authorities. In addition, support for the use of CN label 
statements has come from the Inspector General, food trade associations 
and the National Advisory Council on Child Nutrition. These groups 
believe that a broad CN Labeling Program could help assure compliance 
with food based meal patterns.
    Description of Respondents: Business or other for-profit.
    Number of Respondents: 203.
    Frequency of Responses: Reporting: On Occasion.
    Total Burden Hours: 203.

Levi S. Harrell,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-01704 Filed 1-26-24; 8:45 am]
BILLING CODE 3410-02-P