80_FR_10154 80 FR 10117 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practice Regulations for Finished Pharmaceuticals

80 FR 10117 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practice Regulations for Finished Pharmaceuticals

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10117-10121
FR Document2015-03881

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.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10117-10121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03881]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0362]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Current Good 
Manufacturing Practice Regulations for Finished Pharmaceuticals

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: Fax written comments on the collection of information by March 
27, 2015.

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 [email protected]. All 
comments should be identified with the OMB control number 0910-0139. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [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.

[[Page 10118]]

Current Good Manufacturing Practice Regulations for Finished 
Pharmaceuticals--21 CFR Parts 210 and 211 (OMB Control Number 0910-
0139)

    Under section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic 
Act (the FD&C Act) (21 U.S.C. 351(a)(2)(B)), a drug is adulterated if 
the methods used in, or the facilities or controls used for, its 
manufacture, processing, packing, or holding do not conform to or are 
not operated or administered in conformity with current good 
manufacturing practices (CGMPs) to ensure that such drug meets the 
requirements of the FD&C Act as to safety, and has the identity and 
strength, and meets the quality and purity characteristics, which it 
purports or is represented to possess.
    The FDA has the authority under section 701(a) of the FD&C Act (21 
U.S.C. 371(a)) to issue regulations for the efficient enforcement of 
the FD&C Act regarding CGMP procedures for manufacturing, processing, 
and holding drugs and drug products. The CGMP regulations help ensure 
that drug products meet the statutory requirements for safety and have 
their purported or represented identity, strength, quality, and purity 
characteristics. The information collection requirements in the CGMP 
regulations provide FDA with the necessary information to perform its 
duty to protect public health and safety. CGMP requirements establish 
accountability in the manufacturing and processing of drug products, 
provide for meaningful FDA inspections, and enable manufacturers to 
improve the quality of drug products over time. The CGMP recordkeeping 
requirements also serve preventive and remedial purposes and provide 
crucial information if it is necessary to recall a drug product.
    The general requirements for recordkeeping under part 211 (21 CFR 
part 211) are set forth in Sec.  211.180. Any production, control, or 
distribution record associated with a batch and required to be 
maintained in compliance with part 211 must be retained for at least 1 
year after the expiration date of the batch and, for certain over-the-
counter (OTC) drugs, 3 years after distribution of the batch (Sec.  
211.180(a)). Records for all components, drug product containers, 
closures, and labeling are required to be maintained for at least 1 
year after the expiration date and 3 years for certain OTC products 
(Sec.  211.180(b)).
    All part 211 records must be readily available for authorized 
inspections during the retention period (Sec.  211.180(c)), and such 
records may be retained either as original records or as true copies 
(Sec.  211.180(d)). In addition, 21 CFR 11.2(a) provides that for 
records required to be maintained but not submitted to the Agency, 
persons may use electronic records in lieu of paper records or 
electronic signatures in lieu of traditional signatures, in whole or in 
part, provided that the requirements of this part are met. To the 
extent this electronic option is used, the burden of maintaining paper 
records should be substantially reduced, as should any review of such 
records.
    In order to facilitate improvements and corrective actions, records 
must be maintained so that data can be used for evaluating, at least 
annually, the quality standards of each drug product to determine the 
need for changes in drug product specifications or manufacturing or 
control procedures (Sec.  211.180(e)). Written procedures for these 
evaluations are to be established and include provisions for a review 
of a representative number of batches and, where applicable, records 
associated with the batch; provisions for a review of complaints, 
recalls, returned, or salvaged drug products; and investigations 
conducted under Sec.  211.192 for each drug product.
    The specific recordkeeping requirements provided in table 1 are as 
follows:
    Section 211.34--Consultants advising on the manufacture, 
processing, packing, or holding of drug products must have sufficient 
education, training, and experience to advise on the subject for which 
they are retained. Records must be maintained stating the name, 
address, and qualifications of any consultants and the type of service 
they provide.
    Section 211.67(c)--Records must be kept of maintenance, cleaning, 
sanitizing, and inspection as specified in Sec. Sec.  211.180 and 
211.182.
    Section 211.68--Appropriate controls must be exercised over 
computer or related systems to assure that changes in master production 
and control records or other records are instituted only by authorized 
personnel.
    Section 211.68(a)--Records must be maintained of calibration 
checks, inspections, and computer or related system programs for 
automatic, mechanical, and electronic equipment.
    Section 211.68(b)--All appropriate controls must be exercised over 
all computers or related systems and control data systems to assure 
that changes in master production and control records or other records 
are instituted only by authorized persons.
    Section 211.72--Filters for liquid filtration used in the 
manufacture, processing, or packing of injectable drug products 
intended for human use must not release fibers into such products.
    Section 211.80(d)--Each container or grouping of containers for 
components or drug product containers or closures must be identified 
with a distinctive code for each lot in each shipment received. This 
code must be used in recording the disposition of each lot. Each lot 
must be appropriately identified as to its status.
    Section 211.100(b)--Written production and process control 
procedures must be followed in the execution of the various production 
and process control functions and must be documented at the time of 
performance. Any deviation from the written procedures must be recorded 
and justified.
    Section 211.105(b)--Major equipment must be identified by a 
distinctive identification number or code that must be recorded in the 
batch production record to show the specific equipment used in the 
manufacture of each batch of a drug product. In cases where only one of 
a particular type of equipment exists in a manufacturing facility, the 
name of the equipment may be used in lieu of a distinctive 
identification number or code.
    Section 211.122(c)--Records must be maintained for each shipment 
received of each different labeling and packaging material indicating 
receipt, examination, or testing.
    Section 211.130(e)--Inspection of packaging and labeling facilities 
must be made immediately before use to assure that all drug products 
have been removed from previous operations. Inspection must also be 
made to assure that packaging and labeling materials not suitable for 
subsequent operations have been removed. Results of inspection must be 
documented in the batch production records.
    Section 211.132(c)--Certain retail packages of OTC drug products 
must bear a statement that is prominently placed so consumers are 
alerted to the specific tamper-evident feature of the package. The 
labeling statement is required to be so placed that it will be 
unaffected if the tamper-resistant feature of the package is breached 
or missing. If the tamper-evident feature chosen is one that uses an 
identifying characteristic, that characteristic is required to be 
referred to in the labeling statement.
    Section 211.132(d)--A request for an exemption from packaging and 
labeling requirements by a manufacturer or packer is required to be 
submitted in the

[[Page 10119]]

form of a citizen petition under 21 CFR 10.30.
    Section 211.137--Requirements regarding product expiration dating 
and compliance with 21 CFR 201.17.
    Section 211.160(a)--The establishment of any specifications, 
standards, sampling plans, test procedures, or other laboratory control 
mechanisms, including any change in such specifications, standards, 
sampling plans, test procedures, or other laboratory control 
mechanisms, must be drafted by the appropriate organizational unit and 
reviewed and approved by the quality control unit. These requirements 
must be followed and documented at the time of performance. Any 
deviation from the written specifications, standards, sampling plans, 
test procedures, or other laboratory control mechanisms must be 
recorded and justified.
    Section 211.165(e)--The accuracy, sensitivity, specificity, and 
reproducibility of test methods employed by a firm must be established 
and documented. Such validation and documentation may be accomplished 
in accordance with Sec.  211.194(a)(2).
    Section 211.166--Stability testing program for drug products.
    Section 211.173--Animals used in testing components, in-process 
materials, or drug products for compliance with established 
specifications must be maintained and controlled in a manner that 
assures their suitability for their intended use. They must be 
identified, and adequate records must be maintained showing the history 
of their use.
    Section 211.180(e)--Written records required by part 211 must be 
maintained so that data can be used for evaluating, at least annually, 
the quality standards of each drug product to determine the need for 
changes in drug product specifications or manufacturing or control 
procedures. Written procedures must be established and followed for 
such evaluations and must include provisions for a representative 
number of batches, whether approved or unapproved or rejected, and a 
review of complaints, recalls, returned, or salvaged drug products, and 
investigations conducted under Sec.  211.192 for each drug product.
    Section 211.180(f)--Procedures must be established to assure that 
the responsible officials of the firm, if they are not personally 
involved in or immediately aware of such actions, are notified in 
writing of any investigations, conducted under Sec.  211.198, 211.204, 
or 211.208, any recalls, reports of inspectional observations issued, 
or any regulatory actions relating to good manufacturing practices 
brought by FDA.
    Section 211.182--Specifies requirements for equipment cleaning 
records and the use log.
    Section 211.184--Specifies requirements for component, drug product 
container, closure, and labeling records.
    Section 211.186--Specifies master production and control records 
requirements.
    Section 211.188--Specifies batch production and control records 
requirement.
    Section 211.192--Specifies the information that must be maintained 
on the investigation of discrepancies found in the review of all drug 
product production and control records by the quality control staff.
    Section 211.194--Explains and describes laboratory records that 
must be retained.
    Section 211.196--Specifies the information that must be included in 
records on the distribution of the drug.
    Section 211.198--Specifies and describes the handling of all 
complaint files received by the applicant.
    Section 211.204--Specifies that records be maintained of returned 
and salvaged drug products and describes the procedures involved.
    Written procedures, referred to here as standard operating 
procedures (SOPs), are required for many part 211 records. The current 
SOP requirements were initially provided in a final rule published in 
the Federal Register of September 29, 1978 (43 FR 45014), and are now 
an integral and familiar part of the drug manufacturing process. The 
major information collection impact of SOPs results from their 
creation. Thereafter, SOPs need to be periodically updated. A combined 
estimate for routine maintenance of SOPs is provided in table 1. The 25 
SOP provisions under part 211 in the combined maintenance estimate 
include:
    Section 211.22(d)--Responsibilities and procedures of the quality 
control unit;
    Section 211.56(b)--Sanitation procedures;
    Section 211.56(c)--Use of suitable rodenticides, insecticides, 
fungicides, fumigating agents, and cleaning and sanitizing agents;
    Section 211.67(b)--Cleaning and maintenance of equipment;
    Section 211.68(a)--Proper performance of automatic, mechanical, and 
electronic equipment;
    Section 211.80(a)--Receipt, identification, storage, handling, 
sampling, testing, and approval or rejection of components and drug 
product containers or closures;
    Section 211.94(d)--Standards or specifications, methods of testing, 
and methods of cleaning, sterilizing, and processing to remove 
pyrogenic properties for drug product containers and closures;
    Section 211.100(a)--Production and process control;
    Section 211.110(a)--Sampling and testing of in-process materials 
and drug products;
    Section 211.113(a)--Prevention of objectionable microorganisms in 
drug products not required to be sterile;
    Section 211.113(b)--Prevention of microbiological contamination of 
drug products purporting to be sterile, including validation of any 
sterilization process;
    Section 211.115(a)--System for reprocessing batches that do not 
conform to standards or specifications, to insure that reprocessed 
batches conform with all established standards, specifications, and 
characteristics;
    Section 211.122(a)--Receipt, identification, storage, handling, 
sampling, examination and/or testing of labeling and packaging 
materials;
    Section 211.125(f)--Control procedures for the issuance of 
labeling;
    Section 211.130--Packaging and label operations, prevention of 
mixup and cross contamination, identification and handling of filed 
drug product containers that are set aside and held in unlabeled 
condition, and identification of the drug product with a lot or control 
number that permits determination of the history of the manufacture and 
control of the batch;
    Section 211.142--Warehousing;
    Section 211.150--Distribution of drug products;
    Section 211.160--Laboratory controls;
    Section 211.165(c)--Testing and release for distribution;
    Section 211.166(a)--Stability testing;
    Section 211.167--Special testing requirements;
    Section 211.180(f)--Notification of responsible officials of 
investigations, recalls, reports of inspectional observations, and any 
regulatory actions relating to good manufacturing practice;
    Section 211.198(a)--Written and oral complaint procedures, 
including quality control unit review of any complaint involving 
specifications failures, and serious and unexpected adverse drug 
experiences;
    Section 211.204--Holding, testing, and reprocessing of returned 
drug products; and
    Section 211.208--Drug product salvaging.
    In addition, the following regulations in parts 610 and 680 (21 CFR 
parts 610

[[Page 10120]]

and 680) reference certain CGMP regulations in part 211: Sec. Sec.  
610.12(g), 610.13(a)(2), 610.18(d), 680.2(f), and 680.3(f). In table 1, 
the burden associated with the information collection requirements in 
these regulations is included in the burden estimates under Sec. Sec.  
211.165, 211.167, 211.188, and 211.194, as appropriate.
    Although most of the CGMP provisions covered in this document were 
created many years ago, there will be some existing firms expanding 
into new manufacturing areas and startup firms that will need to create 
SOPs. As provided in table 1, FDA is assuming that approximately 100 
firms will have to create up to 25 SOPs for a total of 2,500 records, 
and the Agency estimates that it will take 20 hours per recordkeeper to 
create 25 new SOPs for a total of 50,000 hours.
    In the Federal Register of November 10, 2014 (79 FR 66724), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Number of     Number of records    Total annual           Average burden per
                21 CFR Section                   recordkeepers    per recordkeeper       records                recordkeeping              Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOP Maintenance..............................             4,360               1                4,360  25..............................           109,000
New startup SOPs.............................               100              25                 2500  20..............................            50,000
211.34--Consultants..........................             4,360                .25             1,090  .5 (30 minutes).................               545
211.67(c)--Equipment cleaning and maintenance             4,360              50              218,000  .25 (15 minutes)................            54,500
211.68--Changes in master production and                  4,360               2                8,720  1...............................             8,720
 control records or other records.
211.68(a)--Automatic, mechanical, and                     4,360              10               43,600  .5 (30 minutes).................            21,800
 electronic equipment.
211.68(b)--Computer or related systems.......             4,360               5               21,800  .25 (15 minutes)................             5,450
211.72--Filters..............................             4,360                .25             1,090  1...............................             1,090
211.80(d)--Components and drug product                    4,360                .25             1,090  .10 (6 minutes).................               109
 containers or closures.
211.100(b)--Production and process controls..             4,360               3               13,080  2...............................            26,160
211.105(b)--Equipment identification.........             4,360                .25             1,090  .25 (15 minutes)................               273
211.122(c)--Labeling and packaging material..             4,360              50              218,000  .25 (15 minutes)................            54,500
211.130(e)--Labeling and packaging facilities             4,360              50              218,000  .25 (15 minutes)................            54,500
211.132(c)--Tamper-evident packaging.........             1,769              20               35,380  .5 (30 minutes).................            17,690
211.132(d)--Tamper-evident packaging.........             1,769                .2                354  .5 (30 minutes).................               177
211.137--Expiration dating...................             4,360               5               21,800  .5 (30 minutes).................            10,900
211.160(a)--Laboratory controls..............             4,360               2                8,720  1...............................             8,720
211.165(e)--Test methodology.................             4,360               1                4,360  1...............................             4,360
211.166--Stability testing...................             4,360               2                8,720  .5 (30 minutes).................             4,360
211.173--Laboratory animals..................             1,077               1                1,077  .25 (15 minutes)................               269
211.180(e)--Production, control, and                      4,360                .2                872  .25 (15 minutes)................               218
 distribution records.
211.180(f)--Procedures for notification of                4,360                .2                872  1...............................               872
 regulatory actions.
211.182--Equipment cleaning and use log......             4,360               2                8,720  .25 (15 minutes)................             2,180
211.184--Component, drug product container,               4,360               3               13,080  .5 (30 minutes).................             6,540
 closure, and labeling records.
211.186--Master production and control                    4,360              10               43,600  2...............................            87,200
 records.
211.188--Batch production and control records             4,360              25              109,000  2...............................           218,000
211.192--Discrepancies in drug product                    4,360               2                8,720  1...............................             8,720
 production and control records.
211.194--Laboratory records..................             4,360              25              109,000  .5 (30 minutes).................            54,500
211.196--Distribution records................             4,360              25              109,000  .25 (15 minutes)................            27,250
211.198--Compliant files.....................             4,360               5               21,800  1...............................            21,800
211.204--Returned drug products..............             4,360              10               43,600  .5 (30 minutes).................            21,800
                                              ----------------------------------------------------------------------------------------------------------

[[Page 10121]]

 
    Total....................................  ................  .................  ................  ................................           882,203
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: February 19, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-03881 Filed 2-24-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                                 10117

                                                    the Executive Order and subject to                         Executive Order 13563 also requires                  You may also access documents of the
                                                    review by the Office of Management and                  an agency ‘‘to use the best available                 Department published in the Federal
                                                    Budget (OMB). Section 3(f) of Executive                 techniques to quantify anticipated                    Register by using the article search
                                                    Order 12866 defines a ‘‘significant                     present and future benefits and costs as              feature at: www.federalregister.gov.
                                                    regulatory action’’ as an action likely to              accurately as possible.’’ The Office of               Specifically, through the advanced
                                                    result in a rule that may—                              Information and Regulatory Affairs of                 search feature at this site, you can limit
                                                       (1) Have an annual effect on the                     OMB has emphasized that these                         your search to documents published by
                                                    economy of $100 million or more, or                     techniques may include ‘‘identifying                  the Department.
                                                    adversely affect a sector of the economy,               changing future compliance costs that                   Dated: February 19, 2015.
                                                    productivity, competition, jobs, the                    might result from technological
                                                                                                                                                                  Kathy Greenlee,
                                                    environment, public health or safety, or                innovation or anticipated behavioral
                                                                                                            changes.’’                                            Administrator.
                                                    State, local, or tribal governments or
                                                                                                               We are issuing this proposed priority              [FR Doc. 2015–03888 Filed 2–24–15; 8:45 am]
                                                    communities in a material way (also
                                                    referred to as an ‘‘economically                        only upon a reasoned determination                    BILLING CODE 4154–01–P

                                                    significant’’ rule);                                    that its benefits would justify its costs.
                                                       (2) Create serious inconsistency or                  In choosing among alternative
                                                                                                            regulatory approaches, we selected                    DEPARTMENT OF HEALTH AND
                                                    otherwise interfere with an action taken
                                                                                                            those approaches that would maximize                  HUMAN SERVICES
                                                    or planned by another agency;
                                                       (3) Materially alter the budgetary                   net benefits. Based on the analysis that
                                                                                                            follows, the Department believes that                 Food and Drug Administration
                                                    impacts of entitlement grants, user fees,
                                                    or loan programs or the rights and                      this proposed priority is consistent with
                                                                                                            the principles in Executive Order 13563.              [Docket No. FDA–2011–N–0362]
                                                    obligations of recipients thereof; or
                                                       (4) Raise novel legal or policy issues                  We also have determined that this
                                                                                                            regulatory action would not unduly                    Agency Information Collection
                                                    arising out of legal mandates, the                                                                            Activities; Submission for Office of
                                                                                                            interfere with State, local, and tribal
                                                    President’s priorities, or the principles                                                                     Management and Budget Review;
                                                                                                            governments in the exercise of their
                                                    stated in the Executive Order.                                                                                Comment Request; Current Good
                                                                                                            governmental functions.
                                                       This proposed regulatory action is not                  In accordance with both Executive                  Manufacturing Practice Regulations for
                                                    a significant regulatory action subject to              Orders, the Department has assessed the               Finished Pharmaceuticals
                                                    review by OMB under section 3(f) of                     potential costs and benefits, both
                                                    Executive Order 12866.                                                                                        AGENCY:    Food and Drug Administration,
                                                                                                            quantitative and qualitative, of this
                                                       We have also reviewed this regulatory                                                                      HHS.
                                                                                                            regulatory action. The potential costs
                                                    action under Executive Order 13563,                     are those resulting from statutory                    ACTION:   Notice.
                                                    which supplements and explicitly                        requirements and those we have
                                                    reaffirms the principles, structures, and                                                                     SUMMARY:   The Food and Drug
                                                                                                            determined as necessary for
                                                    definitions governing regulatory review                                                                       Administration (FDA) is announcing
                                                                                                            administering the Department’s
                                                    established in Executive Order 12866.                                                                         that a proposed collection of
                                                                                                            programs and activities.
                                                    To the extent permitted by law,                            The benefits of the Disability and                 information has been submitted to the
                                                    Executive Order 13563 requires that an                  Rehabilitation Research Projects and                  Office of Management and Budget
                                                    agency—                                                 Centers Program have been well                        (OMB) for review and clearance under
                                                       (1) Propose or adopt regulations only                established over the years. Projects                  the Paperwork Reduction Act of 1995.
                                                    upon a reasoned determination that                      similar to one envisioned by the                      DATES: Fax written comments on the
                                                    their benefits justify their costs                      proposed priority have been completed                 collection of information by March 27,
                                                    (recognizing that some benefits and                     successfully, and the proposed priority               2015.
                                                    costs are difficult to quantify);                       would generate new knowledge through                  ADDRESSES: To ensure that comments on
                                                       (2) Tailor its regulations to impose the             research. The new DRRP would                          the information collection are received,
                                                    least burden on society, consistent with                generate, disseminate, and promote the                OMB recommends that written
                                                    obtaining regulatory objectives and                     use of new information that would                     comments be faxed to the Office of
                                                    taking into account—among other things                  improve accessibility of the built                    Information and Regulatory Affairs,
                                                    and to the extent practicable—the costs                 environment for individuals with                      OMB, Attn: FDA Desk Officer, FAX:
                                                    of cumulative regulations;                              disabilities.                                         202–395–7285, or emailed to oira_
                                                       (3) In choosing among alternative                       Intergovernmental Review: This                     submission@omb.eop.gov. All
                                                    regulatory approaches, select those                     program is not subject to Executive                   comments should be identified with the
                                                    approaches that maximize net benefits                   Order 12372.                                          OMB control number 0910–0139. Also
                                                    (including potential economic,                             Electronic Access to This Document:                include the FDA docket number found
                                                    environmental, public health and safety,                The official version of this document is              in brackets in the heading of this
                                                    and other advantages; distributive                      the document published in the Federal                 document.
                                                    impacts; and equity);                                   Register. Free Internet access to the
                                                       (4) To the extent feasible, specify                  official edition of the Federal Register              FOR FURTHER INFORMATION CONTACT:    FDA
                                                    performance objectives, rather than the                 and the Code of Federal Regulations is                PRA Staff, Office of Operations, Food
                                                    behavior or manner of compliance a                      available via the Federal Digital System              and Drug Administration, 8455
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    regulated entity must adopt; and                        at: www.gpo.gov/fdsys. At this site you               Colesville Rd., COLE–14526, Silver
                                                       (5) Identify and assess available                    can view this document, as well as all                Spring, MD 20993–0002, PRAStaff@
                                                    alternatives to direct regulation,                      other documents of this Department                    fda.hhs.gov.
                                                    including economic incentives—such as                   published in the Federal Register, in                 SUPPLEMENTARY INFORMATION:    In
                                                    user fees or marketable permits—to                      text or Adobe Portable Document                       compliance with 44 U.S.C. 3507, FDA
                                                    encourage the desired behavior, or                      Format (PDF). To use PDF you must                     has submitted the following proposed
                                                    provide information that enables the                    have Adobe Acrobat Reader, which is                   collection of information to OMB for
                                                    public to make choices.                                 available free at the site.                           review and clearance.


                                               VerDate Sep<11>2014   18:05 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM   25FEN1


                                                    10118                     Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    Current Good Manufacturing Practice                     (§ 211.180(c)), and such records may be                  Section 211.72—Filters for liquid
                                                    Regulations for Finished                                retained either as original records or as             filtration used in the manufacture,
                                                    Pharmaceuticals—21 CFR Parts 210                        true copies (§ 211.180(d)). In addition,              processing, or packing of injectable drug
                                                    and 211 (OMB Control Number 0910–                       21 CFR 11.2(a) provides that for records              products intended for human use must
                                                    0139)                                                   required to be maintained but not                     not release fibers into such products.
                                                                                                            submitted to the Agency, persons may                     Section 211.80(d)—Each container or
                                                       Under section 501(a)(2)(B) of the
                                                                                                            use electronic records in lieu of paper               grouping of containers for components
                                                    Federal Food, Drug, and Cosmetic Act
                                                                                                            records or electronic signatures in lieu              or drug product containers or closures
                                                    (the FD&C Act) (21 U.S.C. 351(a)(2)(B)),
                                                                                                            of traditional signatures, in whole or in             must be identified with a distinctive
                                                    a drug is adulterated if the methods
                                                                                                            part, provided that the requirements of               code for each lot in each shipment
                                                    used in, or the facilities or controls used
                                                                                                            this part are met. To the extent this                 received. This code must be used in
                                                    for, its manufacture, processing,
                                                                                                            electronic option is used, the burden of              recording the disposition of each lot.
                                                    packing, or holding do not conform to                                                                         Each lot must be appropriately
                                                    or are not operated or administered in                  maintaining paper records should be
                                                                                                            substantially reduced, as should any                  identified as to its status.
                                                    conformity with current good                                                                                     Section 211.100(b)—Written
                                                    manufacturing practices (CGMPs) to                      review of such records.
                                                                                                               In order to facilitate improvements                production and process control
                                                    ensure that such drug meets the                                                                               procedures must be followed in the
                                                    requirements of the FD&C Act as to                      and corrective actions, records must be
                                                                                                            maintained so that data can be used for               execution of the various production and
                                                    safety, and has the identity and strength,                                                                    process control functions and must be
                                                    and meets the quality and purity                        evaluating, at least annually, the quality
                                                                                                            standards of each drug product to                     documented at the time of performance.
                                                    characteristics, which it purports or is                                                                      Any deviation from the written
                                                    represented to possess.                                 determine the need for changes in drug
                                                                                                            product specifications or manufacturing               procedures must be recorded and
                                                       The FDA has the authority under                                                                            justified.
                                                    section 701(a) of the FD&C Act (21                      or control procedures (§ 211.180(e)).
                                                                                                                                                                     Section 211.105(b)—Major equipment
                                                    U.S.C. 371(a)) to issue regulations for                 Written procedures for these evaluations
                                                                                                                                                                  must be identified by a distinctive
                                                    the efficient enforcement of the FD&C                   are to be established and include
                                                                                                                                                                  identification number or code that must
                                                    Act regarding CGMP procedures for                       provisions for a review of a
                                                                                                                                                                  be recorded in the batch production
                                                    manufacturing, processing, and holding                  representative number of batches and,
                                                                                                                                                                  record to show the specific equipment
                                                    drugs and drug products. The CGMP                       where applicable, records associated
                                                                                                                                                                  used in the manufacture of each batch
                                                    regulations help ensure that drug                       with the batch; provisions for a review
                                                                                                                                                                  of a drug product. In cases where only
                                                    products meet the statutory                             of complaints, recalls, returned, or
                                                                                                                                                                  one of a particular type of equipment
                                                    requirements for safety and have their                  salvaged drug products; and
                                                                                                                                                                  exists in a manufacturing facility, the
                                                    purported or represented identity,                      investigations conducted under
                                                                                                                                                                  name of the equipment may be used in
                                                    strength, quality, and purity                           § 211.192 for each drug product.
                                                                                                                                                                  lieu of a distinctive identification
                                                    characteristics. The information                           The specific recordkeeping
                                                                                                                                                                  number or code.
                                                    collection requirements in the CGMP                     requirements provided in table 1 are as                  Section 211.122(c)—Records must be
                                                    regulations provide FDA with the                        follows:                                              maintained for each shipment received
                                                    necessary information to perform its                       Section 211.34—Consultants advising                of each different labeling and packaging
                                                    duty to protect public health and safety.               on the manufacture, processing,                       material indicating receipt,
                                                    CGMP requirements establish                             packing, or holding of drug products                  examination, or testing.
                                                    accountability in the manufacturing and                 must have sufficient education, training,                Section 211.130(e)—Inspection of
                                                    processing of drug products, provide for                and experience to advise on the subject               packaging and labeling facilities must be
                                                    meaningful FDA inspections, and                         for which they are retained. Records                  made immediately before use to assure
                                                    enable manufacturers to improve the                     must be maintained stating the name,                  that all drug products have been
                                                    quality of drug products over time. The                 address, and qualifications of any                    removed from previous operations.
                                                    CGMP recordkeeping requirements also                    consultants and the type of service they              Inspection must also be made to assure
                                                    serve preventive and remedial purposes                  provide.                                              that packaging and labeling materials
                                                    and provide crucial information if it is                   Section 211.67(c)—Records must be                  not suitable for subsequent operations
                                                    necessary to recall a drug product.                     kept of maintenance, cleaning,                        have been removed. Results of
                                                       The general requirements for                         sanitizing, and inspection as specified               inspection must be documented in the
                                                    recordkeeping under part 211 (21 CFR                    in §§ 211.180 and 211.182.                            batch production records.
                                                    part 211) are set forth in § 211.180. Any                  Section 211.68—Appropriate controls                   Section 211.132(c)—Certain retail
                                                    production, control, or distribution                    must be exercised over computer or                    packages of OTC drug products must
                                                    record associated with a batch and                      related systems to assure that changes in             bear a statement that is prominently
                                                    required to be maintained in                            master production and control records                 placed so consumers are alerted to the
                                                    compliance with part 211 must be                        or other records are instituted only by               specific tamper-evident feature of the
                                                    retained for at least 1 year after the                  authorized personnel.                                 package. The labeling statement is
                                                    expiration date of the batch and, for                      Section 211.68(a)—Records must be                  required to be so placed that it will be
                                                    certain over-the-counter (OTC) drugs, 3                 maintained of calibration checks,                     unaffected if the tamper-resistant feature
                                                    years after distribution of the batch                   inspections, and computer or related                  of the package is breached or missing.
                                                    (§ 211.180(a)). Records for all                         system programs for automatic,                        If the tamper-evident feature chosen is
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                                                    components, drug product containers,                    mechanical, and electronic equipment.                 one that uses an identifying
                                                    closures, and labeling are required to be                  Section 211.68(b)—All appropriate                  characteristic, that characteristic is
                                                    maintained for at least 1 year after the                controls must be exercised over all                   required to be referred to in the labeling
                                                    expiration date and 3 years for certain                 computers or related systems and                      statement.
                                                    OTC products (§ 211.180(b)).                            control data systems to assure that                      Section 211.132(d)—A request for an
                                                       All part 211 records must be readily                 changes in master production and                      exemption from packaging and labeling
                                                    available for authorized inspections                    control records or other records are                  requirements by a manufacturer or
                                                    during the retention period                             instituted only by authorized persons.                packer is required to be submitted in the


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                                                                              Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                          10119

                                                    form of a citizen petition under 21 CFR                 manufacturing practices brought by                    rejection of components and drug
                                                    10.30.                                                  FDA.                                                  product containers or closures;
                                                      Section 211.137—Requirements                             Section 211.182—Specifies                            Section 211.94(d)—Standards or
                                                    regarding product expiration dating and                 requirements for equipment cleaning                   specifications, methods of testing, and
                                                    compliance with 21 CFR 201.17.                          records and the use log.                              methods of cleaning, sterilizing, and
                                                      Section 211.160(a)—The                                   Section 211.184—Specifies                          processing to remove pyrogenic
                                                    establishment of any specifications,                    requirements for component, drug                      properties for drug product containers
                                                    standards, sampling plans, test                         product container, closure, and labeling              and closures;
                                                    procedures, or other laboratory control                 records.                                                Section 211.100(a)—Production and
                                                    mechanisms, including any change in                        Section 211.186—Specifies master                   process control;
                                                    such specifications, standards, sampling                production and control records                          Section 211.110(a)—Sampling and
                                                    plans, test procedures, or other                        requirements.                                         testing of in-process materials and drug
                                                    laboratory control mechanisms, must be                     Section 211.188—Specifies batch                    products;
                                                    drafted by the appropriate                              production and control records                          Section 211.113(a)—Prevention of
                                                    organizational unit and reviewed and                    requirement.                                          objectionable microorganisms in drug
                                                    approved by the quality control unit.                      Section 211.192—Specifies the                      products not required to be sterile;
                                                    These requirements must be followed                     information that must be maintained on                  Section 211.113(b)—Prevention of
                                                    and documented at the time of                           the investigation of discrepancies found              microbiological contamination of drug
                                                    performance. Any deviation from the                     in the review of all drug product                     products purporting to be sterile,
                                                    written specifications, standards,                      production and control records by the                 including validation of any sterilization
                                                    sampling plans, test procedures, or                     quality control staff.                                process;
                                                    other laboratory control mechanisms                        Section 211.194—Explains and                         Section 211.115(a)—System for
                                                    must be recorded and justified.                         describes laboratory records that must                reprocessing batches that do not
                                                      Section 211.165(e)—The accuracy,                      be retained.                                          conform to standards or specifications,
                                                    sensitivity, specificity, and                              Section 211.196—Specifies the                      to insure that reprocessed batches
                                                    reproducibility of test methods                         information that must be included in                  conform with all established standards,
                                                    employed by a firm must be established                  records on the distribution of the drug.              specifications, and characteristics;
                                                    and documented. Such validation and                        Section 211.198—Specifies and                        Section 211.122(a)—Receipt,
                                                    documentation may be accomplished in                    describes the handling of all complaint               identification, storage, handling,
                                                    accordance with § 211.194(a)(2).                        files received by the applicant.                      sampling, examination and/or testing of
                                                      Section 211.166—Stability testing                        Section 211.204—Specifies that                     labeling and packaging materials;
                                                    program for drug products.                              records be maintained of returned and                   Section 211.125(f)—Control
                                                      Section 211.173—Animals used in                       salvaged drug products and describes                  procedures for the issuance of labeling;
                                                    testing components, in-process                                                                                  Section 211.130—Packaging and label
                                                                                                            the procedures involved.
                                                    materials, or drug products for                            Written procedures, referred to here               operations, prevention of mixup and
                                                    compliance with established                             as standard operating procedures                      cross contamination, identification and
                                                    specifications must be maintained and                   (SOPs), are required for many part 211                handling of filed drug product
                                                    controlled in a manner that assures their               records. The current SOP requirements                 containers that are set aside and held in
                                                    suitability for their intended use. They                were initially provided in a final rule               unlabeled condition, and identification
                                                    must be identified, and adequate                        published in the Federal Register of                  of the drug product with a lot or control
                                                    records must be maintained showing the                  September 29, 1978 (43 FR 45014), and                 number that permits determination of
                                                    history of their use.                                   are now an integral and familiar part of              the history of the manufacture and
                                                      Section 211.180(e)—Written records                    the drug manufacturing process. The                   control of the batch;
                                                    required by part 211 must be                                                                                    Section 211.142—Warehousing;
                                                                                                            major information collection impact of                  Section 211.150—Distribution of drug
                                                    maintained so that data can be used for                 SOPs results from their creation.
                                                    evaluating, at least annually, the quality                                                                    products;
                                                                                                            Thereafter, SOPs need to be periodically                Section 211.160—Laboratory controls;
                                                    standards of each drug product to                       updated. A combined estimate for                        Section 211.165(c)—Testing and
                                                    determine the need for changes in drug                  routine maintenance of SOPs is                        release for distribution;
                                                    product specifications or manufacturing                 provided in table 1. The 25 SOP                         Section 211.166(a)—Stability testing;
                                                    or control procedures. Written                          provisions under part 211 in the                        Section 211.167—Special testing
                                                    procedures must be established and                      combined maintenance estimate                         requirements;
                                                    followed for such evaluations and must                  include:                                                Section 211.180(f)—Notification of
                                                    include provisions for a representative                    Section 211.22(d)—Responsibilities                 responsible officials of investigations,
                                                    number of batches, whether approved or                  and procedures of the quality control                 recalls, reports of inspectional
                                                    unapproved or rejected, and a review of                 unit;                                                 observations, and any regulatory actions
                                                    complaints, recalls, returned, or                          Section 211.56(b)—Sanitation                       relating to good manufacturing practice;
                                                    salvaged drug products, and                             procedures;                                             Section 211.198(a)—Written and oral
                                                    investigations conducted under                             Section 211.56(c)—Use of suitable                  complaint procedures, including quality
                                                    § 211.192 for each drug product.                        rodenticides, insecticides, fungicides,               control unit review of any complaint
                                                      Section 211.180(f)—Procedures must                    fumigating agents, and cleaning and                   involving specifications failures, and
                                                    be established to assure that the
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                                                                                                            sanitizing agents;                                    serious and unexpected adverse drug
                                                    responsible officials of the firm, if they                 Section 211.67(b)—Cleaning and                     experiences;
                                                    are not personally involved in or                       maintenance of equipment;                               Section 211.204—Holding, testing,
                                                    immediately aware of such actions, are                     Section 211.68(a)—Proper                           and reprocessing of returned drug
                                                    notified in writing of any investigations,              performance of automatic, mechanical,                 products; and
                                                    conducted under § 211.198, 211.204, or                  and electronic equipment;                               Section 211.208—Drug product
                                                    211.208, any recalls, reports of                           Section 211.80(a)—Receipt,                         salvaging.
                                                    inspectional observations issued, or any                identification, storage, handling,                      In addition, the following regulations
                                                    regulatory actions relating to good                     sampling, testing, and approval or                    in parts 610 and 680 (21 CFR parts 610


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                                                    10120                        Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    and 680) reference certain CGMP                              were created many years ago, there will                    recordkeeper to create 25 new SOPs for
                                                    regulations in part 211: §§ 610.12(g),                       be some existing firms expanding into                      a total of 50,000 hours.
                                                    610.13(a)(2), 610.18(d), 680.2(f), and                       new manufacturing areas and startup                           In the Federal Register of November
                                                    680.3(f). In table 1, the burden                             firms that will need to create SOPs. As                    10, 2014 (79 FR 66724), FDA published
                                                    associated with the information                              provided in table 1, FDA is assuming                       a 60-day notice requesting public
                                                    collection requirements in these                             that approximately 100 firms will have                     comment on the proposed collection of
                                                    regulations is included in the burden                        to create up to 25 SOPs for a total of                     information. No comments were
                                                    estimates under §§ 211.165, 211.167,                         2,500 records, and the Agency estimates
                                                    211.188, and 211.194, as appropriate.                                                                                   received.
                                                                                                                 that it will take 20 hours per
                                                      Although most of the CGMP                                                                                                FDA estimates the burden of this
                                                    provisions covered in this document                                                                                     collection of information as follows:
                                                                                                    TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                   Number of           Number of records           Total annual               Average burden per
                                                             21 CFR Section                                                                                                                                              Total hours
                                                                                                 recordkeepers         per recordkeeper              records                    recordkeeping

                                                    SOP Maintenance ....................                     4,360                    1                       4,360   25 ............................................          109,000
                                                    New startup SOPs ...................                       100                   25                        2500   20 ............................................           50,000
                                                    211.34—Consultants ................                      4,360                        .25                 1,090   .5 (30 minutes) ........................                     545
                                                    211.67(c)—Equipment cleaning                             4,360                   50                     218,000   .25 (15 minutes) ......................                   54,500
                                                      and maintenance.
                                                    211.68—Changes in master                                 4,360                    2                       8,720   1 ..............................................           8,720
                                                      production and control
                                                      records or other records.
                                                    211.68(a)—Automatic, me-                                 4,360                   10                      43,600   .5 (30 minutes) ........................                  21,800
                                                      chanical, and electronic
                                                      equipment.
                                                    211.68(b)—Computer or re-                                4,360                    5                      21,800   .25 (15 minutes) ......................                    5,450
                                                      lated systems.
                                                    211.72—Filters .........................                 4,360                        .25                 1,090   1 ..............................................           1,090
                                                    211.80(d)—Components and                                 4,360                        .25                 1,090   .10 (6 minutes) ........................                     109
                                                      drug product containers or
                                                      closures.
                                                    211.100(b)—Production and                                4,360                    3                      13,080   2 ..............................................          26,160
                                                      process controls.
                                                    211.105(b)—Equipment identi-                             4,360                        .25                 1,090   .25 (15 minutes) ......................                      273
                                                      fication.
                                                    211.122(c)—Labeling and                                  4,360                   50                     218,000   .25 (15 minutes) ......................                   54,500
                                                      packaging material.
                                                    211.130(e)—Labeling and                                  4,360                   50                     218,000   .25 (15 minutes) ......................                   54,500
                                                      packaging facilities.
                                                    211.132(c)—Tamper-evident                                1,769                   20                      35,380   .5 (30 minutes) ........................                  17,690
                                                      packaging.
                                                    211.132(d)—Tamper-evident                                1,769                        .2                   354    .5 (30 minutes) ........................                     177
                                                      packaging.
                                                    211.137—Expiration dating ......                         4,360                    5                      21,800   .5 (30 minutes) ........................                  10,900
                                                    211.160(a)—Laboratory con-                               4,360                    2                       8,720   1 ..............................................           8,720
                                                      trols.
                                                    211.165(e)—Test methodology                              4,360                    1                       4,360   1 ..............................................           4,360
                                                    211.166—Stability testing ........                       4,360                    2                       8,720   .5 (30 minutes) ........................                   4,360
                                                    211.173—Laboratory animals ..                            1,077                    1                       1,077   .25 (15 minutes) ......................                      269
                                                    211.180(e)—Production, con-                              4,360                      .2                      872   .25 (15 minutes) ......................                      218
                                                      trol, and distribution records.
                                                    211.180(f)—Procedures for no-                            4,360                        .2                   872    1 ..............................................             872
                                                      tification of regulatory actions.
                                                    211.182—Equipment cleaning                               4,360                    2                       8,720   .25 (15 minutes) ......................                    2,180
                                                      and use log.
                                                    211.184—Component, drug                                  4,360                    3                      13,080   .5 (30 minutes) ........................                   6,540
                                                      product container, closure,
                                                      and labeling records.
                                                    211.186—Master production                                4,360                   10                      43,600   2 ..............................................          87,200
                                                      and control records.
                                                    211.188—Batch production                                 4,360                   25                     109,000   2 ..............................................         218,000
                                                      and control records.
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                                                    211.192—Discrepancies in                                 4,360                    2                       8,720   1 ..............................................           8,720
                                                      drug product production and
                                                      control records.
                                                    211.194—Laboratory records ..                            4,360                   25                     109,000   .5 (30 minutes) ........................                  54,500
                                                    211.196—Distribution records                             4,360                   25                     109,000   .25 (15 minutes) ......................                   27,250
                                                    211.198—Compliant files .........                        4,360                    5                      21,800   1 ..............................................          21,800
                                                    211.204—Returned drug prod-                              4,360                   10                      43,600   .5 (30 minutes) ........................                  21,800
                                                      ucts.




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                                                                                     Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                                                                              10121

                                                                                              TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
                                                                                                         Number of                  Number of records                   Total annual                        Average burden per
                                                             21 CFR Section                                                                                                                                                                              Total hours
                                                                                                       recordkeepers                per recordkeeper                      records                             recordkeeping

                                                         Total ..................................    ............................   ..............................   ............................   ..................................................         882,203
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: February 19, 2015.                                              Premarket Notification for a New                                             ingredients and products that are
                                                    Leslie Kux,                                                              Dietary Ingredient—21 CFR 190.6                                              potentially unsafe.
                                                    Associate Commissioner for Policy.                                       (OMB Control Number 0910–0330)—                                                 We are developing an electronic
                                                    [FR Doc. 2015–03881 Filed 2–24–15; 8:45 am]                              Extension                                                                    portal that interested persons will be
                                                    BILLING CODE 4164–01–P
                                                                                                                                                                                                          able to use to electronically submit their
                                                                                                                               Section 413(a) of the Federal Food,                                        notifications to ONLDS via FDA Unified
                                                                                                                             Drug, and Cosmetic Act (the FD&C Act)                                        Registration and Listing System
                                                    DEPARTMENT OF HEALTH AND                                                 (21 U.S.C. 350b(a)) provides that at least                                   (FURLS). Firms that prefer to submit a
                                                    HUMAN SERVICES                                                           75 days before the introduction or                                           paper notification in a format of their
                                                                                                                             delivery for introduction into interstate                                    own choosing will still have the option
                                                    Food and Drug Administration                                             commerce of a dietary supplement that                                        to do so, however. Form FDA 3880
                                                                                                                             contains a new dietary ingredient, the                                       prompts a submitter to input the
                                                    [Docket No. FDA–2013–N–0878]
                                                                                                                             manufacturer or distributor of the                                           elements of a new dietary ingredient
                                                    Agency Information Collection                                            dietary supplement or of the new                                             notification (NDIN) in a standard format
                                                    Activities; Submission for Office of                                     dietary ingredient is to submit to us (as                                    and helps the submitter organize its
                                                    Management and Budget Review;                                            delegate for the Secretary of Health and                                     NDIN to focus on the information
                                                    Comment Request; Premarket                                               Human Services) information upon                                             needed for our safety review. Safety
                                                    Notification for a New Dietary                                           which the manufacturer or distributor                                        information will be submitted via a
                                                    Ingredient                                                               has based its conclusion that a dietary                                      supplemental form entitled ‘‘New
                                                                                                                             supplement containing the new dietary                                        Dietary Ingredient (NDI) Safety
                                                    AGENCY:      Food and Drug Administration,                               ingredient will reasonably be expected                                       Information.’’ This form provides a
                                                    HHS.                                                                     to be safe. FDA’s implementing                                               standard format to describe the history
                                                    ACTION:    Notice.                                                       regulation, 21 CFR 190.6, requires this                                      of use or other evidence of safety on
                                                                                                                             information to be submitted to the                                           which the manufacturer or distributor
                                                    SUMMARY:   The Food and Drug                                             Office of Nutrition, Labeling, and                                           bases its conclusion that the new dietary
                                                    Administration (FDA or we) is                                            Dietary Supplements (ONLDS) in the                                           ingredient will be reasonably expected
                                                    announcing that a proposed collection                                                                                                                 to be safe under the conditions of use
                                                                                                                             form of a notification. Under § 190.6(b),
                                                    of information has been submitted to the                                                                                                              recommended or suggested in the
                                                                                                                             the notification must include the
                                                    Office of Management and Budget                                                                                                                       labeling of the dietary supplement, as
                                                                                                                             following: (1) The name and complete
                                                    (OMB) for review and clearance under                                                                                                                  well as related identity information that
                                                                                                                             address of the manufacturer or
                                                    the Paperwork Reduction Act of 1995                                                                                                                   is necessary to demonstrate safety by
                                                                                                                             distributor, (2) the name of the new
                                                    (the PRA).                                                                                                                                            showing that the new dietary ingredient
                                                                                                                             dietary ingredient, (3) a description of
                                                    DATES: Fax written comments on the
                                                                                                                             the dietary supplement(s) that contain                                       and dietary supplement(s) that are the
                                                    collection of information by March 27,                                   the new dietary ingredient, including                                        subject of the notification are the same
                                                    2015.                                                                    the level of the new dietary ingredient                                      or similar to the ingredients and
                                                    ADDRESSES: To ensure that comments on                                    in the dietary supplement and the                                            products for which safety data and
                                                    the information collection are received,                                 dietary supplement’s conditions of use,                                      information have been provided. Draft
                                                    OMB recommends that written                                                                                                                           screenshots of Form FDA 3880 and the
                                                                                                                             (4) the history of use or other evidence
                                                    comments be faxed to the Office of                                                                                                                    supplemental safety information form
                                                                                                                             of safety establishing that the new
                                                    Information and Regulatory Affairs,                                                                                                                   are available for comment at http://
                                                                                                                             dietary ingredient will reasonably be
                                                    OMB, Attn: FDA Desk Officer, FAX:                                                                                                                     www.fda.gov/Food/Dietary
                                                                                                                             expected to be safe when used under the
                                                    202–395–7285, or emailed to oira_                                                                                                                     Supplements/NewDietaryIngredients
                                                                                                                             conditions recommended or suggested
                                                    submission@omb.eop.gov. All                                                                                                                           NotificationProcess/ucm356620.htm.
                                                                                                                             in the labeling of the dietary                                                  Description of Respondents: The
                                                    comments should be identified with the                                   supplement, and (5) the signature of a
                                                    OMB control number 0910–0330. Also                                                                                                                    respondents to this collection of
                                                                                                                             responsible person designated by the                                         information are manufacturers and
                                                    include the FDA docket number found                                      manufacturer or distributor.
                                                    in brackets in the heading of this                                                                                                                    distributors in the dietary supplement
                                                    document.                                                                  These premarket notification                                               industry; specifically, firms that
                                                                                                                             requirements are designed to enable us                                       manufacture or distribute new dietary
                                                    FOR FURTHER INFORMATION CONTACT: FDA                                     to monitor the introduction into the                                         ingredients or dietary supplements that
                                                    PRA Staff, Office of Operations, Food                                    marketplace of new dietary ingredients                                       contain a new dietary ingredient.
                                                    and Drug Administration, 8455                                            and dietary supplements that contain                                            In the Federal Register of November
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                                                    Colesville Rd., COLE—14526, Silver                                       new dietary ingredients, in order to                                         14, 2014 (79 FR 68275), we published a
                                                    Spring, MD 20993–0002, PRAStaff@                                         protect consumers from ingredients and                                       60-day notice requesting public
                                                    fda.hhs.gov.                                                             products whose safety is unknown. We                                         comment on the proposed extension of
                                                    SUPPLEMENTARY INFORMATION: In                                            use the information collected in new                                         this collection of information. We
                                                    compliance with 44 U.S.C. 3507, FDA                                      dietary ingredient notifications to                                          received three comments in response to
                                                    has submitted the following proposed                                     evaluate the safety of new dietary                                           the notice. Two of the comments were
                                                    collection of information to OMB for                                     ingredients in dietary supplements and                                       unrelated to the PRA, and therefore we
                                                    review and clearance.                                                    to support regulatory action against                                         did not consider them.


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Document Created: 2015-12-18 13:09:34
Document Modified: 2015-12-18 13:09:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by March 27, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 10117 

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