80_FR_12686 80 FR 12640 - Agency Information Collection Activities; Proposed Collection; Comment Request; Record Retention Requirements for the Soy Protein and Risk of Coronary Heart Disease Health Claim

80 FR 12640 - Agency Information Collection Activities; Proposed Collection; Comment Request; Record Retention Requirements for the Soy Protein and Risk of Coronary Heart Disease Health Claim

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 46 (March 10, 2015)

Page Range12640-12641
FR Document2015-05504

The Food and Drug Administration (FDA or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice invites comments on the record retention requirements for the soy protein and coronary heart disease health claim.

Federal Register, Volume 80 Issue 46 (Tuesday, March 10, 2015)
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12640-12641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05504]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0781]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Record Retention Requirements for the Soy Protein and 
Risk of Coronary Heart Disease Health Claim

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

[[Page 12641]]

SUMMARY: The Food and Drug Administration (FDA or we) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice invites comments on the record retention 
requirements for the soy protein and coronary heart disease health 
claim.

DATES: Submit either electronic or written comments on the collection 
of information by May 11, 2015.

ADDRESSES: Submit electronic comments on the collection of information 
to http://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, 
Rockville, MD 20852. All comments should be identified with the 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: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, we are publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, we invite 
comments on these topics: (1) Whether the proposed collection of 
information is necessary for the proper performance of our functions, 
including whether the information will have practical utility; (2) the 
accuracy of our estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques, when appropriate, and other forms of 
information technology.

Record Retention Requirements for the Soy Protein and Risk of Coronary 
Heart Disease Health Claim--21 CFR 101.82(c)(2)(ii)(B) (OMB Control 
Number 0910-0428)--Extension

    Section 403(r)(3)(A) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 343(r)(3)(A)) provides for the use of food label statements 
characterizing a relationship of any nutrient of the type required to 
be in the label or labeling of the food to a disease or a health 
related condition only where that statement meets the requirements of 
the regulations promulgated by the Secretary of Health and Human 
Services to authorize the use of such a health claim. Section 101.82 
(21 CFR 101.82) of our regulations authorizes a health claim for food 
labels about soy protein and the risk of coronary heart disease (CHD). 
To bear the soy protein and CHD health claim, foods must contain at 
least 6.25 grams of soy protein per reference amount customarily 
consumed. Analytical methods for measuring total protein can be used to 
quantify the amount of soy protein in foods that contain soy as the 
sole source of protein. However, at the present time there is no 
validated analytical methodology available to quantify the amount of 
soy protein in foods that contain other sources of protein. For these 
latter foods, we must rely on information known only to the 
manufacturer to assess compliance with the requirement that the food 
contain the qualifying amount of soy protein. Thus, we require 
manufacturers to have and keep records to substantiate the amount of 
soy protein in a food that bears the health claim and contains sources 
of protein other than soy, and to make such records available to 
appropriate regulatory officials upon written request. The information 
collected includes nutrient databases or analyses, recipes or 
formulations, purchase orders for ingredients, or any other information 
that reasonably substantiates the ratio of soy protein to total 
protein.
    We estimate the burden of this collection of information as 
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                           Number of
                                            Number of    records  per      Total        Average
             21 CFR Section               recordkeepers                   annual       burden per   Total  hours
                                                         recordkeeper     records    recordkeeping
----------------------------------------------------------------------------------------------------------------
101.82(c)(2)(ii)(B).....................            25             1            25              1            25
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based upon our experience with the use of health claims, we 
estimate that only about 25 firms would be likely to market products 
bearing a soy protein/coronary heart disease health claim and that 
only, perhaps, one of each firm's products might contain non-soy 
sources of protein along with soy protein. The records required to be 
retained by Sec.  101.82(c)(2)(ii)(B) are the records, e.g., the 
formulation or recipe, that a manufacturer has and maintains as a 
normal course of its doing business. Thus, the burden to the food 
manufacturer is limited to assembling and retaining the records, which 
we estimate will take 1 hour annually.

    Dated: March 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05504 Filed 3-9-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  12640                             Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Notices

                                                                                                         ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                                   Number of        Average
                                                                                                                                                                                                      Number of     responses     burden per
                                                                    Type of respondent                                                                Form name                                      respondents       per         response
                                                                                                                                                                                                                   respondent      (in hours)

                                                  Underground      coal   miners   .....................................   Informed Consent .................................................                30               1            5/60
                                                  Underground      coal   miners   .....................................   Initial Interviews ....................................................            6               1             1.5
                                                  Underground      coal   miners   .....................................   CTA Interviews .....................................................              12               2               2
                                                  Underground      coal   miners   .....................................   Initial focus group sessions ..................................                   12               6               1
                                                  Underground      coal   miners   .....................................   HTA focus group sessions ...................................                      12               6               1



                                                  Leroy A. Richardson,                                                 Research; 93.209, Contraception and                                      Time: 2:00 p.m. to 4:00 p.m.
                                                  Chief, Information Collection Review Office,                         Infertility Loan Repayment Program, National                             Agenda: To review and evaluate grant
                                                  Office of Scientific Integrity, Office of the                        Institutes of Health, HHS imposed by the                               applications.
                                                  Associate Director for Science, Office of the                        review and funding cycle.)                                               Place: National Institutes of Health, 6701
                                                  Director, Centers for Disease Control and                              Dated: March 4, 2015.                                                Rockledge Drive, Bethesda, MD 20892,
                                                  Prevention.                                                                                                                                 (Telephone Conference Call).
                                                                                                                       Michelle Trout,                                                          Contact Person: Jay Joshi, Ph.D., Scientific
                                                  [FR Doc. 2015–05512 Filed 3–9–15; 8:45 am]                           Program Analyst, Office of Federal Advisory                            Review Officer, Center for Scientific Review,
                                                  BILLING CODE 4163–18–P                                               Committee Policy.                                                      National Institutes of Health, 6701 Rockledge
                                                                                                                       [FR Doc. 2015–05451 Filed 3–9–15; 08:45 am]                            Drive, Room 5196, MSC 7846, Bethesda, MD
                                                                                                                       BILLING CODE 4140–01–P                                                 20892, (301) 408–9135, joshij@csr.nih.gov.
                                                  DEPARTMENT OF HEALTH AND                                                                                                                      Name of Committee: Center for Scientific
                                                  HUMAN SERVICES                                                                                                                              Review Special Emphasis Panel; Member
                                                                                                                       DEPARTMENT OF HEALTH AND                                               Conflict: Cancer Biology.
                                                  National Institutes of Health                                        HUMAN SERVICES                                                           Date: April 6, 2015.
                                                                                                                                                                                                Time: 4:00 p.m. to 6:00 p.m.
                                                  Eunice Kennedy Shriver National                                      National Institutes of Health                                            Agenda: To review and evaluate grant
                                                  Institute of Child Health & Human                                                                                                           applications.
                                                  Development; Notice of Closed                                        Center for Scientific Review; Notice of                                  Place: National Institutes of Health, 6701
                                                  Meeting                                                              Closed Meetings                                                        Rockledge Drive, Bethesda, MD 20892,
                                                                                                                                                                                              (Telephone Conference Call).
                                                    Pursuant to section 10(d) of the                                     Pursuant to section 10(d) of the                                       Contact Person: Angela Y, Ng, Ph.D.,
                                                  Federal Advisory Committee Act, as                                   Federal Advisory Committee Act, as                                     Scientific Review Officer, Center for
                                                  amended (5 U.S.C. App.), notice is                                   amended (5 U.S.C. App.), notice is                                     Scientific Review, National Institutes of
                                                  hereby given of the following meeting.                               hereby given of the following meetings.                                Health, 6701 Rockledge Drive, Room 6200,
                                                    The meeting will be closed to the                                    The meetings will be closed to the                                   MSC 7804, Bethesda, MD 20892, 301–435–
                                                  public in accordance with the                                        public in accordance with the                                          1715, nga@csr.nih.gov.
                                                  provisions set forth in sections                                     provisions set forth in sections                                       (Catalogue of Federal Domestic Assistance
                                                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                           552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                             Program Nos. 93.306, Comparative Medicine;
                                                  as amended. The grant applications and                                                                                                      93.333, Clinical Research, 93.306, 93.333,
                                                                                                                       as amended. The grant applications and                                 93.337, 93.393–93.396, 93.837–93.844,
                                                  the discussions could disclose                                       the discussions could disclose                                         93.846–93.878, 93.892, 93.893, National
                                                  confidential trade secrets or commercial                             confidential trade secrets or commercial                               Institutes of Health, HHS)
                                                  property such as patentable material,                                property such as patentable material,
                                                  and personal information concerning                                                                                                           Dated: March 4, 2015.
                                                                                                                       and personal information concerning
                                                  individuals associated with the grant                                individuals associated with the grant                                  David Clary,
                                                  applications, the disclosure of which                                applications, the disclosure of which                                  Program Analyst, Office of Federal Advisory
                                                  would constitute a clearly unwarranted                               would constitute a clearly unwarranted                                 Committee Policy.
                                                  invasion of personal privacy.                                        invasion of personal privacy.                                          [FR Doc. 2015–05459 Filed 3–9–15; 8:45 am]
                                                    Name of Committee: National Institute of                                                                                                  BILLING CODE 4140–01P
                                                                                                                         Name of Committee: Center for Scientific
                                                  Child Health and Human Development                                   Review Special Emphasis Panel; Member
                                                  Special Emphasis Panel.                                              Conflict: Diabetes and Obesity.
                                                    Date: April 8, 2015.                                                 Date: April 2, 2015.                                                 DEPARTMENT OF HEALTH AND
                                                    Time: 2:00 p.m. to 4:00 p.m.                                         Time: 11:00 a.m. to 6:00 p.m.                                        HUMAN SERVICES
                                                    Agenda: To review and evaluate grant                                 Agenda: To review and evaluate grant
                                                  applications.                                                        applications.                                                          Food and Drug Administration
                                                    Place: National Institutes of Health, Bldg                           Place: National Institutes of Health, 6701
                                                  6100, 5B01, 6100 Executive Boulevard,                                Rockledge Drive, Bethesda, MD 20892,                                   [Docket No. FDA–2011–N–0781]
                                                  Rockville, MD 20852.                                                 (Virtual Meeting).
                                                    Contact Person: Sherry L. Dupere, Ph.D.,                             Contact Person: John Bleasdale, Ph.D.,                               Agency Information Collection
                                                  Chief, Scientific Review Branch, Scientific                          Scientific Review Officer, Center for                                  Activities; Proposed Collection;
                                                  Review Branch, National Institute of Child                           Scientific Review, National Institutes of                              Comment Request; Record Retention
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Health and Human Development, NIH, 6100                              Health, 6701 Rockledge Drive, Room 6170,                               Requirements for the Soy Protein and
                                                  Executive Blvd., RM. 5B01, Bethesda, MD                              MSC 7892, Bethesda, MD 20892, 301–435–                                 Risk of Coronary Heart Disease Health
                                                  20892, (301) 435–6884, duperes@                                      4514, bleasdaleje@csr.nih.gov.                                         Claim
                                                  mail.nih.gov.                                                          Name of Committee: Center for Scientific
                                                  (Catalogue of Federal Domestic Assistance                            Review Special Emphasis Panel; Member                                  AGENCY:    Food and Drug Administration,
                                                  Program Nos. 93.864, Population Research;                            Conflict: Neurodegeneration, Neuropathy and                            HHS.
                                                  93.865, Research for Mothers and Children;                           Neuroinfections.                                                       ACTION:    Notice.
                                                  93.929, Center for Medical Rehabilitation                              Date: April 2, 2015.



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                                                                                          Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Notices                                                               12641

                                                  SUMMARY:   The Food and Drug                                            ‘‘Collection of information’’ is defined                     label statements characterizing a
                                                  Administration (FDA or we) is                                           in 44 U.S.C. 3502(3) and 5 CFR                               relationship of any nutrient of the type
                                                  announcing an opportunity for public                                    1320.3(c) and includes Agency requests                       required to be in the label or labeling of
                                                  comment on the proposed collection of                                   or requirements that members of the                          the food to a disease or a health related
                                                  certain information by the Agency.                                      public submit reports, keep records, or                      condition only where that statement
                                                  Under the Paperwork Reduction Act of                                    provide information to a third party.                        meets the requirements of the
                                                  1995 (the PRA), Federal Agencies are                                    Section 3506(c)(2)(A) of the PRA (44                         regulations promulgated by the
                                                  required to publish notice in the                                       U.S.C. 3506(c)(2)(A)) requires Federal                       Secretary of Health and Human Services
                                                  Federal Register concerning each                                        Agencies to provide a 60-day notice in                       to authorize the use of such a health
                                                  proposed collection of information,                                     the Federal Register concerning each                         claim. Section 101.82 (21 CFR 101.82) of
                                                  including each proposed extension of an                                 proposed collection of information,                          our regulations authorizes a health
                                                  existing collection of information, and                                 including each proposed extension of an                      claim for food labels about soy protein
                                                  to allow 60 days for public comment in                                  existing collection of information,                          and the risk of coronary heart disease
                                                  response to the notice. This notice                                     before submitting the collection to OMB                      (CHD). To bear the soy protein and CHD
                                                  invites comments on the record                                          for approval. To comply with this                            health claim, foods must contain at least
                                                  retention requirements for the soy                                      requirement, we are publishing notice of                     6.25 grams of soy protein per reference
                                                  protein and coronary heart disease                                      the proposed collection of information                       amount customarily consumed.
                                                  health claim.                                                           set forth in this document.                                  Analytical methods for measuring total
                                                  DATES: Submit either electronic or                                         With respect to the following                             protein can be used to quantify the
                                                  written comments on the collection of                                   collection of information, we invite                         amount of soy protein in foods that
                                                  information by May 11, 2015.                                            comments on these topics: (1) Whether                        contain soy as the sole source of protein.
                                                  ADDRESSES: Submit electronic                                            the proposed collection of information                       However, at the present time there is no
                                                  comments on the collection of                                           is necessary for the proper performance                      validated analytical methodology
                                                  information to http://                                                  of our functions, including whether the                      available to quantify the amount of soy
                                                  www.regulations.gov. Submit written                                     information will have practical utility;                     protein in foods that contain other
                                                  comments on the collection of                                           (2) the accuracy of our estimate of the                      sources of protein. For these latter
                                                  information to the Division of Dockets                                  burden of the proposed collection of                         foods, we must rely on information
                                                  Management (HFA–305), Food and Drug                                     information, including the validity of                       known only to the manufacturer to
                                                  Administration, 5630 Fishers Lane, Rm.                                  the methodology and assumptions used;                        assess compliance with the requirement
                                                  1061, Rockville, MD 20852. All                                          (3) ways to enhance the quality, utility,                    that the food contain the qualifying
                                                  comments should be identified with the                                  and clarity of the information to be                         amount of soy protein. Thus, we require
                                                  docket number found in brackets in the                                  collected; and (4) ways to minimize the                      manufacturers to have and keep records
                                                  heading of this document.                                               burden of the collection of information                      to substantiate the amount of soy
                                                                                                                          on respondents, including through the                        protein in a food that bears the health
                                                  FOR FURTHER INFORMATION CONTACT: FDA
                                                                                                                          use of automated collection techniques,                      claim and contains sources of protein
                                                  PRA Staff, Office of Operations, Food                                   when appropriate, and other forms of                         other than soy, and to make such
                                                  and Drug Administration, 8455                                           information technology.                                      records available to appropriate
                                                  Colesville Rd., COLE–14526, Silver                                                                                                   regulatory officials upon written
                                                  Spring, MD 20993–0002, PRAStaff@                                        Record Retention Requirements for the                        request. The information collected
                                                  fda.hhs.gov.                                                            Soy Protein and Risk of Coronary Heart                       includes nutrient databases or analyses,
                                                                                                                          Disease Health Claim—21 CFR                                  recipes or formulations, purchase orders
                                                  SUPPLEMENTARY INFORMATION:   Under the
                                                                                                                          101.82(c)(2)(ii)(B) (OMB Control                             for ingredients, or any other information
                                                  PRA (44 U.S.C. 3501–3520), Federal
                                                                                                                          Number 0910–0428)—Extension                                  that reasonably substantiates the ratio of
                                                  Agencies must obtain approval from the
                                                  Office of Management and Budget                                           Section 403(r)(3)(A) of the Federal                        soy protein to total protein.
                                                  (OMB) for each collection of                                            Food, Drug, and Cosmetic Act (21 U.S.C.                        We estimate the burden of this
                                                  information they conduct or sponsor.                                    343(r)(3)(A)) provides for the use of food                   collection of information as follows:

                                                                                                         TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                              Number of                      Average
                                                                                                                                                              Number of        records           Total      burden per        Total
                                                                                          21 CFR Section                                                       record-           per            annual        record-         hours
                                                                                                                                                               keepers         record-          records      keeping
                                                                                                                                                                               keeper

                                                  101.82(c)(2)(ii)(B) .....................................................................................       25               1              25             1              25
                                                     1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Based upon our experience with the                                    the formulation or recipe, that a                              Dated: March 4, 2015.
                                                  use of health claims, we estimate that                                  manufacturer has and maintains as a                          Leslie Kux,
                                                  only about 25 firms would be likely to                                  normal course of its doing business.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                                       Associate Commissioner for Policy.
                                                  market products bearing a soy protein/                                  Thus, the burden to the food                                 [FR Doc. 2015–05504 Filed 3–9–15; 8:45 am]
                                                  coronary heart disease health claim and                                 manufacturer is limited to assembling                        BILLING CODE 4164–01–P
                                                  that only, perhaps, one of each firm’s                                  and retaining the records, which we
                                                  products might contain non-soy sources                                  estimate will take 1 hour annually.
                                                  of protein along with soy protein. The
                                                  records required to be retained by
                                                  § 101.82(c)(2)(ii)(B) are the records, e.g.,


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Document Created: 2018-02-21 09:34:51
Document Modified: 2018-02-21 09:34:51
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.
DatesSubmit either electronic or written comments on the collection of information by May 11, 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 12640 

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