Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Allergen Labeling and Reporting, 25635-25636 [2024-07663]

Download as PDF Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices has submitted the following proposed collection of information to OMB for review and clearance. website at https://www.access data.fda.gov/scripts/cder/daf/. Dated: April 8, 2024. Lauren K. Roth, Associate Commissioner for Policy. Food Allergen Labeling and Reporting OMB Control Number 0910–0792— Revision [FR Doc. 2024–07657 Filed 4–10–24; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2023–N–4849] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Allergen Labeling and Reporting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Submit written comments (including recommendations) on the collection of information by May 13, 2024. SUMMARY: To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to https:// www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. The OMB control number for this information collection is 0910–0792. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: FOR FURTHER INFORMATION CONTACT: khammond on DSKJM1Z7X2PROD with NOTICES Domini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 301–796–5733, PRAStaff@ fda.hhs.gov. In compliance with 44 U.S.C. 3507, FDA SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:50 Apr 10, 2024 Jkt 262001 This information collection helps support implementation of statutory requirements pertaining to ingredients derived from major food allergens. The Federal Food, Drug, and Cosmetic Act (FD&C Act) defines the term ‘‘major food allergen’’ (section 201(qq) of the FD&C Act (21 U.S.C. 321(qq))) and provides that foods are misbranded unless they declare the presence of each major food allergen on the product label using the name of the food source from which the major food allergen is derived or are exempt from the requirement. Under sections 403(w)(6) and (7) of the FD&C Act (21 U.S.C. 343(w)(6) and (7)), respondents may request an FDA determination that an ingredient is exempt from the labeling requirement of section 403(w)(1) of the FD&C Act. Alternatively, an ingredient may become exempt through submission of a notification containing scientific evidence showing that the ingredient ‘‘does not contain allergenic protein’’ or that there has been a previous determination through a premarket approval process under section 409 of the FD&C Act (21 U.S.C. 348) that the ingredient ‘‘does not cause an allergic response that poses a risk to human health’’ (section 403(w)(7) of the FD&C Act). To assist respondents with the information collection in this regard, the document entitled ‘‘Guidance for Industry: Food Allergen Labeling Exemption Petitions and Notifications’’ (June 2015), available on our website at https://www.fda.gov/regulatoryinformation/search-fda-guidancedocuments/guidance-industry-foodallergen-labeling-exemption-petitionsand-notifications, communicates information we recommend respondents include in petitions submitted under sections 403(w)(6) and (7) of the FD&C Act or notifications submitted under section 409 of the FD&C Act. We use the information submitted in the petition or notification to determine whether the ingredient satisfies the criteria of section 403(w)(6) and (7) of the FD&C Act for PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 25635 granting the exemption. The allergen information disclosed on the label or labeling of a food product benefits consumers who purchase that food product. Because even small exposure to a food allergen can potentially cause an adverse reaction, consumers rely upon food labeling information to help determine their product choices. On April 23, 2021, the definition of the term ‘‘major food allergen’’ was amended by the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act) (Pub. L. 117–11) to include sesame. Accordingly, we are revising the information collection to account for burden attributable to required declarations and/or associated requests for exemption as they pertain to foods that include sesame. We issued the draft guidance document entitled ‘‘Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug, and Cosmetic Act (Edition 5)’’ (November 2022), available on our website at https://www.fda.gov/ regulatory-information/search-fdaguidance-documents/draft-guidanceindustry-questions-and-answersregarding-food-allergen-labelingedition-5, that once finalized, will communicate our current thinking regarding the labeling of food allergens, including sesame in food products regulated under section 403 of the FD&C Act. The guidance was issued consistent with our good guidance practice regulations in 21 CFR 10.115, which provide for public comment at any time. Description of Respondents: The respondents to this collection of information are manufacturers and packers of packaged foods sold in the United States subject to the labeling requirements and prohibitions found in section 403 of the FD&C Act. In the Federal Register of December 8, 2023 (88 FR 85640), we published a 60day notice soliciting comment on the proposed collection of information. Although one comment was received, we believe it was misdirected. The comment pertained to neither the topic of this notice, nor the four information collection topics solicited. We estimate the burden of this collection of information as follows: E:\FR\FM\11APN1.SGM 11APN1 25636 Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1 FD&C act section; information collection activity 403; review product labeling for compliance with applicable statutory requirements .................................................... 403; redesign/modifications to product labeling for compliance with applicable statutory requirements .......................... Total .................................................. 1 There Number of disclosures per respondent Number of respondents Average burden per disclosure Total annual disclosures Total hours Total capital costs 77,500 1 77,500 1 77,500 0 775 1 775 16 12,400 $1,414,375 ........................ ........................ ........................ ........................ 89,900 1,414,375 are no operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1 Average burden per response Total annual responses Total hours 403(w)(6); petition for exemptions ....................................... 403(w)(7); notification submissions ..................................... 6 6 1 1 6 6 100 68 600 408 Total .............................................................................. ........................ ........................ ........................ ........................ 1,008 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Our estimate of the third-party disclosure burden associated with food allergen labeling under section 403(w)(1) of the FD&C Act includes the time we assume respondents need to review the labels of new or reformulated products for compliance with the requirements of section 403(w)(1) of the FD&C Act, along with the time needed to make any needed modifications to the labels of those products. We believe firms have already redesigned their labels to comply with requirements under the Food Allergen Labeling and Consumer Protection Act of 2004. However, this estimate accounts for firms that will redesign their label to comply with requirements under the FASTER Act. Our estimated reporting burden is based on our past experience with these submissions. We have increased our cumulative estimate by 12,552 hours and 776 responses annually to reflect the inclusion of sesame as a major food allergen. Dated: April 8, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024–07663 Filed 4–10–24; 8:45 am] BILLING CODE 4164–01–P khammond on DSKJM1Z7X2PROD with NOTICES Number of responses per respondent Number of respondents FD&C act section; information collection activity VerDate Sep<11>2014 16:50 Apr 10, 2024 Jkt 262001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Notice of Availability of Draft Health Center Program Policy Guidance Regarding Services To Support Transitions in Care for JusticeInvolved Individuals Reentering the Community Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS). ACTION: Request for public comment on draft Health Center Program policy guidance regarding services to support transitions in care for Justice-involved individuals reentering the community. AGENCY: HRSA is inviting public comment on the draft Health Center Program Policy Guidance Regarding Services to Support Transitions in Care for Justice-Involved Individuals Reentering the Community. The purpose of the draft Policy Information Notice (PIN) is to propose Health Center Program policy guidance for all health centers that apply for and receive federal award funds under the Health Center Program, as authorized by section 330 of the Public Health Service (PHS) Act (including sections 330(e), (g), (h), and (i)), as well as section 330 subrecipient organizations and Health Center Program look-alikes, to clarify the conditions under which they may provide certain health services as part of SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 the Health Center Program scope of project to certain incarcerated/detained individuals. This draft PIN establishes policy guidance that identifies a set of health services that a health center may provide, the locations at which such services may be provided, the target population for such services (specifically, incarcerated/detained individuals who are scheduled for release from a carceral setting within 90 days), and other pertinent circumstances under which the health center may, on its own behalf and subject to all section 330 requirements, provide such services to justiceinvolved individuals reentering the community to support their care transition from the carceral setting to the community within the scope of their Health Center Program project. DATES: Submit comments on or before June 14, 2024. ADDRESSES: Electronic comments should be submitted through the HRSA Bureau of Primary Health Care Contact Form (https://hrsa.my.site.com/support/ s/), ‘‘Comment on Draft Policy’’ under the ‘‘Policy’’ section. Comments should be submitted no later than 60 days after the publication date. FOR FURTHER INFORMATION CONTACT: Jennifer Joseph, Office of Policy and Program Development Director, HRSA, at jjoseph@hrsa.gov and 301–594–4300. SUPPLEMENTARY INFORMATION: HRSA provides grants to eligible applicants under section 330 of the PHS Act, as amended (42 U.S.C. 254b), to support the delivery of preventive and primary E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25635-25636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07663]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-4849]


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Submit written comments (including recommendations) on the 
collection of information by May 13, 2024.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. The OMB control number for 
this information collection is 0910-0792. Also include the FDA docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
[email protected].

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.

Food Allergen Labeling and Reporting

OMB Control Number 0910-0792--Revision

    This information collection helps support implementation of 
statutory requirements pertaining to ingredients derived from major 
food allergens. The Federal Food, Drug, and Cosmetic Act (FD&C Act) 
defines the term ``major food allergen'' (section 201(qq) of the FD&C 
Act (21 U.S.C. 321(qq))) and provides that foods are misbranded unless 
they declare the presence of each major food allergen on the product 
label using the name of the food source from which the major food 
allergen is derived or are exempt from the requirement. Under sections 
403(w)(6) and (7) of the FD&C Act (21 U.S.C. 343(w)(6) and (7)), 
respondents may request an FDA determination that an ingredient is 
exempt from the labeling requirement of section 403(w)(1) of the FD&C 
Act. Alternatively, an ingredient may become exempt through submission 
of a notification containing scientific evidence showing that the 
ingredient ``does not contain allergenic protein'' or that there has 
been a previous determination through a premarket approval process 
under section 409 of the FD&C Act (21 U.S.C. 348) that the ingredient 
``does not cause an allergic response that poses a risk to human 
health'' (section 403(w)(7) of the FD&C Act).
    To assist respondents with the information collection in this 
regard, the document entitled ``Guidance for Industry: Food Allergen 
Labeling Exemption Petitions and Notifications'' (June 2015), available 
on our website at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-food-allergen-labeling-exemption-petitions-and-notifications, communicates information we 
recommend respondents include in petitions submitted under sections 
403(w)(6) and (7) of the FD&C Act or notifications submitted under 
section 409 of the FD&C Act. We use the information submitted in the 
petition or notification to determine whether the ingredient satisfies 
the criteria of section 403(w)(6) and (7) of the FD&C Act for granting 
the exemption. The allergen information disclosed on the label or 
labeling of a food product benefits consumers who purchase that food 
product. Because even small exposure to a food allergen can potentially 
cause an adverse reaction, consumers rely upon food labeling 
information to help determine their product choices.
    On April 23, 2021, the definition of the term ``major food 
allergen'' was amended by the Food Allergy Safety, Treatment, 
Education, and Research Act of 2021 (FASTER Act) (Pub. L. 117-11) to 
include sesame. Accordingly, we are revising the information collection 
to account for burden attributable to required declarations and/or 
associated requests for exemption as they pertain to foods that include 
sesame. We issued the draft guidance document entitled ``Questions and 
Answers Regarding Food Allergens, Including the Food Allergen Labeling 
Requirements of the Federal Food, Drug, and Cosmetic Act (Edition 5)'' 
(November 2022), available on our website at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-questions-and-answers-regarding-food-allergen-labeling-edition-5, that once finalized, will communicate our current thinking 
regarding the labeling of food allergens, including sesame in food 
products regulated under section 403 of the FD&C Act. The guidance was 
issued consistent with our good guidance practice regulations in 21 CFR 
10.115, which provide for public comment at any time.
    Description of Respondents: The respondents to this collection of 
information are manufacturers and packers of packaged foods sold in the 
United States subject to the labeling requirements and prohibitions 
found in section 403 of the FD&C Act.
    In the Federal Register of December 8, 2023 (88 FR 85640), we 
published a 60-day notice soliciting comment on the proposed collection 
of information. Although one comment was received, we believe it was 
misdirected. The comment pertained to neither the topic of this notice, 
nor the four information collection topics solicited.
    We estimate the burden of this collection of information as 
follows:

[[Page 25636]]



                                               Table 1--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of
    FD&C act section; information collection activity        Number of      disclosures    Total annual   Average burden    Total hours    Total capital
                                                            respondents   per respondent    disclosures   per disclosure                       costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
403; review product labeling for compliance with                  77,500               1          77,500               1          77,500               0
 applicable statutory requirements......................
403; redesign/modifications to product labeling for                  775               1             775              16          12,400      $1,414,375
 compliance with applicable statutory requirements......
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............          89,900       1,414,375
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no operating and maintenance costs associated with this collection of information.


                                 Table 2--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
  FD&C act section; information      Number of     responses per   Total annual   Average burden    Total hours
       collection activity          respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
403(w)(6); petition for                        6               1               6             100             600
 exemptions.....................
403(w)(7); notification                        6               1               6              68             408
 submissions....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,008
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Our estimate of the third-party disclosure burden associated with 
food allergen labeling under section 403(w)(1) of the FD&C Act includes 
the time we assume respondents need to review the labels of new or 
reformulated products for compliance with the requirements of section 
403(w)(1) of the FD&C Act, along with the time needed to make any 
needed modifications to the labels of those products. We believe firms 
have already redesigned their labels to comply with requirements under 
the Food Allergen Labeling and Consumer Protection Act of 2004. 
However, this estimate accounts for firms that will redesign their 
label to comply with requirements under the FASTER Act. Our estimated 
reporting burden is based on our past experience with these 
submissions. We have increased our cumulative estimate by 12,552 hours 
and 776 responses annually to reflect the inclusion of sesame as a 
major food allergen.

    Dated: April 8, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-07663 Filed 4-10-24; 8:45 am]
BILLING CODE 4164-01-P


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