80_FR_13274 80 FR 13225 - Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Small Entity Compliance Guide; Availability

80 FR 13225 - Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Small Entity Compliance Guide; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13225-13226
FR Document2015-05590

The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled ``Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments--Small Entity Compliance Guide''. The small entity compliance guide (SECG) is intended to help small entities comply with the final rule entitled ``Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments.''

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13225-13226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05590]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 11 and 101

[Docket No. FDA-2011-F-0172]


Nutrition Labeling of Standard Menu Items in Restaurants and 
Similar Retail Food Establishments; Small Entity Compliance Guide; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a guidance for industry entitled ``Nutrition Labeling 
of Standard Menu Items in Restaurants and Similar Retail Food 
Establishments--Small Entity Compliance Guide''. The small entity 
compliance guide (SECG) is intended to help small entities comply with 
the final rule entitled ``Nutrition Labeling of Standard Menu Items in 
Restaurants and Similar Retail Food Establishments.''

DATES: The SECG will be available as of March 13, 2015. Submit either 
electronic or written comments on FDA guidances at any time.

ADDRESSES: Submit written requests for single copies of the SECG to the 
Office of Nutrition, Labeling and Dietary Supplements, Food Labeling 
and Standards Staff, Center for Food Safety and Applied Nutrition (HFS-
305), Food and Drug Administration, 5100 Paint Branch Pkwy., College 
Park, MD 20740. Send two self-addressed adhesive labels to assist that 
office in processing your request. See the SUPPLEMENTARY INFORMATION 
section for electronic access to the SECG.
    Submit electronic comments on the SECG to http://www.regulations.gov. Submit written comments on the SECG to the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Daniel Y. Reese, Center for Food 
Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2371.

SUPPLEMENTARY INFORMATION: 

I. Background

    In the Federal Register of December 1, 2014 (79 FR 71156), we 
issued a final rule requiring nutrition labeling of standard menu items 
in restaurants and similar retail food establishments (the final rule). 
The final rule, which is codified at 21 CFR 101.11, is effective 
December 1, 2015.
    We examined the economic implications of the final rule as required 
by the Regulatory Flexibility Act (5 U.S.C. 601-612) and determined 
that the final rule will have a significant economic impact on a 
substantial number of small entities. In compliance with section 212 of 
the Small Business Regulatory Enforcement Fairness Act (Pub. L. 104-
121, as amended by Pub. L. 110-28), we are making available the SECG to 
explain the actions that a small entity must take to comply with the 
rule.

[[Page 13226]]

    We are issuing the SECG consistent with our good guidance practices 
regulation (21 CFR 10.115(c)(2)). The SECG represents our current 
thinking on nutrition labeling of standard menu items in restaurants 
and similar retail food establishments. It does not create or confer 
any rights for or on any person and does not operate to bind FDA or the 
public. An alternative approach may be used if such approach satisfies 
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This SECG refers to collections of information described in FDA's 
final rule that published in the Federal Register of December 1, 2014 
(79 FR 71156), and that will be effective on December 1, 2015. As 
stated in the final rule, these collections of information are subject 
to review by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520). In 
compliance with the PRA (44 U.S.C. 3507(d)), the Agency has submitted 
the information collection provisions of the final rule to OMB for 
review. FDA will publish a document in the Federal Register announcing 
OMB's decision to approve, modify, or disapprove the information 
collection provisions in this final rule. An Agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

III. Comments

    Interested persons may submit either electronic comments regarding 
the SECG to http://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It is only necessary to 
send one set of comments. Identify comments with the docket number 
found in brackets in the heading of this document. Received comments 
may be seen in the Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the SECG at either 
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/default.htm or http://www.regulations.gov. Use the FDA Web site listed in the previous 
sentence to find the most current version of the guidance.

    Dated: March 6, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05590 Filed 3-12-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations                                          13225

                                            description and analysis of final rules                   By the Commission.                                  announcing the availability of a
                                            that will have significant economic                     Kimberly D. Bose,                                     guidance for industry entitled
                                            impact on a substantial number of small                 Secretary.                                            ‘‘Nutrition Labeling of Standard Menu
                                            entities. This Final Rule concerns an                                                                         Items in Restaurants and Similar Retail
                                                                                                      In consideration of the foregoing, the
                                            interpretation of current Commission                                                                          Food Establishments—Small Entity
                                                                                                    Commission amends Part 375, Chapter I,
                                            regulations and practices. The                                                                                Compliance Guide’’. The small entity
                                                                                                    Title 18, Code of Federal Regulations, as
                                            Commission certifies that it will not                                                                         compliance guide (SECG) is intended to
                                                                                                    follows:
                                            have a significant economic impact                                                                            help small entities comply with the
                                            upon participants in Commission                         PART 375—THE COMMISSION                               final rule entitled ‘‘Nutrition Labeling of
                                            proceedings. An analysis under the RFA                                                                        Standard Menu Items in Restaurants
                                            is not required.                                        ■ 1. The authority citation for Part 375              and Similar Retail Food
                                            VII. Document Availability                              continues to read as follows:                         Establishments.’’
                                                                                                      Authority: 5 U.S.C. 551–557; 15 U.S.C.              DATES:  The SECG will be available as of
                                               13. In addition to publishing the full               717–717w, 3301–3432; 16 U.S.C. 791–825r,
                                            text of this document in the Federal                                                                          March 13, 2015. Submit either
                                                                                                    2601–2645; 42 U.S.C. 7101–7352
                                            Register, the Commission provides all                                                                         electronic or written comments on FDA
                                                                                                    ■ 2. Section 375.203 is amended by                    guidances at any time.
                                            interested persons an opportunity to
                                                                                                    adding paragraphs (b)(1)(i) and (ii) and
                                            view and/or print the contents of this                                                                        ADDRESSES: Submit written requests for
                                                                                                    revising paragraph (b)(2) to read as
                                            document via the Internet through the                                                                         single copies of the SECG to the Office
                                                                                                    follows:
                                            Commission’s Home Page (http://                                                                               of Nutrition, Labeling and Dietary
                                            www.ferc.gov) and in the Commission’s                   § 375.203    Open meetings.                           Supplements, Food Labeling and
                                            Public Reference Room during normal                     *      *    *     *     *                             Standards Staff, Center for Food Safety
                                            business hours (8:30 a.m. to 5:00 p.m.                    (b) * * *                                           and Applied Nutrition (HFS–305), Food
                                            Eastern time) at 888 First Street NE.,                    (1) * * *                                           and Drug Administration, 5100 Paint
                                            Room 2A, Washington, DC 20426.                            (i) ‘‘Observe’’ does not include                    Branch Pkwy., College Park, MD 20740.
                                               14. From the Commission’s Home                       participation or disruptive conduct, and              Send two self-addressed adhesive labels
                                            Page on the Internet, this information is               persons engaging in such conduct will                 to assist that office in processing your
                                            available on eLibrary. The full text of                 be removed from the meeting.                          request. See the SUPPLEMENTARY
                                            this document is available on eLibrary                    (ii) The right of the public to observe             INFORMATION section for electronic
                                            in PDF and Microsoft Word format for                    open meetings does not alter those rules              access to the SECG.
                                            viewing, printing, and/or downloading.                  which relate to the filing of motions,                  Submit electronic comments on the
                                            To access this document in eLibrary,                    pleadings, or other documents. Unless                 SECG to http://www.regulations.gov.
                                            type the docket number excluding the                    such pleadings conform to the other                   Submit written comments on the SECG
                                            last three digits of this document in the               procedural requirements, pleadings                    to the Division of Dockets Management
                                            docket number field.                                    based upon comments or discussions at                 (HFA–305), Food and Drug
                                               15. User assistance is available for                 open meetings, as a general rule, will                Administration, 5630 Fishers Lane, Rm.
                                            eLibrary and the Commission’s Web site                  not become part of the official record,               1061, Rockville, MD 20852.
                                            during normal business hours from                       will receive no consideration, and no                 FOR FURTHER INFORMATION CONTACT:
                                            FERC Online Support at (202) 502–6652                   further action by the Commission will
                                            (toll free at 1–866–208–3676) or email at                                                                     Daniel Y. Reese, Center for Food Safety
                                                                                                    be taken thereon.                                     and Applied Nutrition (HFS–820), Food
                                            ferconlinesupport@ferc.gov, or the                        (2) To the extent their use does not
                                            Public Reference Room at (202) 502–                                                                           and Drug Administration, 5100 Paint
                                                                                                    interfere with the conduct of open                    Branch Pkwy., College Park, MD 20740,
                                            8371, TTY (202) 502–8659. Email the                     meetings, electronic audio and visual
                                            Public Reference Room at public.                                                                              240–402–2371.
                                                                                                    recording equipment may be used by a
                                            referenceroom@ferc.gov.                                 seated observer at an open meeting.                   SUPPLEMENTARY INFORMATION:

                                            VIII. Effective Date                                    *      *    *     *     *                             I. Background
                                                                                                    [FR Doc. 2015–05689 Filed 3–12–15; 8:45 am]
                                               16. The Commission is issuing this                                                                            In the Federal Register of December 1,
                                                                                                    BILLING CODE 6717–01–P
                                            rule as a Final Rule without a period for                                                                     2014 (79 FR 71156), we issued a final
                                            public comment. Under 5 U.S.C.                                                                                rule requiring nutrition labeling of
                                            553(b)(3)(A), notice and comment                                                                              standard menu items in restaurants and
                                            procedures are unnecessary for                          DEPARTMENT OF HEALTH AND                              similar retail food establishments (the
                                            ‘‘interpretative rules, general statements              HUMAN SERVICES                                        final rule). The final rule, which is
                                            of policy, or rules of agency                                                                                 codified at 21 CFR 101.11, is effective
                                                                                                    Food and Drug Administration
                                            organization, procedure, or                                                                                   December 1, 2015.
                                            practice. . . .’’ This rule merely                                                                               We examined the economic
                                                                                                    21 CFR Parts 11 and 101
                                            provides the public with guidance                                                                             implications of the final rule as required
                                            concerning the existing regulation and                  [Docket No. FDA–2011–F–0172]                          by the Regulatory Flexibility Act (5
                                            reminds the general public of the roles                                                                       U.S.C. 601–612) and determined that
                                            available to the public at the                          Nutrition Labeling of Standard Menu                   the final rule will have a significant
                                            Commission’s open meetings. The rule                    Items in Restaurants and Similar Retail               economic impact on a substantial
                                            will not significantly affect regulated                 Food Establishments; Small Entity                     number of small entities. In compliance
                                            entities or the general public.                         Compliance Guide; Availability                        with section 212 of the Small Business
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                                               17. These regulations are effective                  AGENCY:     Food and Drug Administration,             Regulatory Enforcement Fairness Act
                                            April 13, 2015.                                         HHS.                                                  (Pub. L. 104–121, as amended by Pub.
                                            List of Subjects in 18 CFR Part 375                     ACTION:   Notification of availability.               L. 110–28), we are making available the
                                                                                                                                                          SECG to explain the actions that a small
                                              Open Meetings.                                        SUMMARY: The Food and Drug                            entity must take to comply with the
                                               Issued: March 9, 2015.                               Administration (FDA or we) is                         rule.


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                                            13226                   Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations

                                               We are issuing the SECG consistent                             will be posted to the docket at http://                              correcting amendments for a drug
                                            with our good guidance practices                                  www.regulations.gov.                                                 labeler code.
                                            regulation (21 CFR 10.115(c)(2)). The                                                                                                  DATES:     This rule is effective March 13,
                                                                                                              IV. Electronic Access
                                            SECG represents our current thinking on                                                                                                2015.
                                            nutrition labeling of standard menu                                 Persons with access to the Internet
                                            items in restaurants and similar retail                           may obtain the SECG at either http://                                FOR FURTHER INFORMATION CONTACT:
                                            food establishments. It does not create                           www.fda.gov/Food/Guidance                                            George K. Haibel, Center for Veterinary
                                            or confer any rights for or on any person                         Regulation/GuidanceDocuments                                         Medicine (HFV–6), Food and Drug
                                            and does not operate to bind FDA or the                           RegulatoryInformation/default.htm or                                 Administration, 7519 Standish Pl.,
                                            public. An alternative approach may be                            http://www.regulations.gov. Use the                                  Rockville, MD 20855, 240–276–9019,
                                            used if such approach satisfies the                               FDA Web site listed in the previous                                  george.haibel@fda.hhs.gov.
                                            requirements of the applicable statutes                           sentence to find the most current
                                                                                                                                                                                   SUPPLEMENTARY INFORMATION:     FDA is
                                            and regulations.                                                  version of the guidance.
                                                                                                                                                                                   amending the animal drug regulations to
                                            II. Paperwork Reduction Act of 1995                                 Dated: March 6, 2015.                                              reflect approval actions for NADAs and
                                                                                                              Leslie Kux,                                                          ANADAs during November and
                                               This SECG refers to collections of
                                                                                                              Associate Commissioner for Policy.                                   December 2014, as listed in table 1. In
                                            information described in FDA’s final
                                                                                                              [FR Doc. 2015–05590 Filed 3–12–15; 8:45 am]                          addition, FDA is informing the public of
                                            rule that published in the Federal
                                                                                                              BILLING CODE 4164–01–P                                               the availability, where applicable, of
                                            Register of December 1, 2014 (79 FR
                                                                                                                                                                                   documentation of environmental review
                                            71156), and that will be effective on
                                            December 1, 2015. As stated in the final                                                                                               required under the National
                                                                                                              DEPARTMENT OF HEALTH AND                                             Environmental Policy Act (NEPA) and,
                                            rule, these collections of information are
                                                                                                              HUMAN SERVICES                                                       for actions requiring review of safety or
                                            subject to review by the Office of
                                            Management and Budget (OMB) under                                                                                                      effectiveness data, summaries of the
                                                                                                              Food and Drug Administration                                         basis of approval (FOI Summaries)
                                            the Paperwork Reduction Act of 1995
                                            (the PRA) (44 U.S.C. 3501–3520). In                                                                                                    under the Freedom of Information Act
                                                                                                              21 CFR Parts 510, 520, 522, 524, 556,                                (FOIA). These public documents may be
                                            compliance with the PRA (44 U.S.C.                                and 558
                                            3507(d)), the Agency has submitted the                                                                                                 seen in the Division of Dockets
                                            information collection provisions of the                          [Docket No. FDA–2014–N–0002]                                         Management (HFA–305), Food and Drug
                                            final rule to OMB for review. FDA will                                                                                                 Administration, 5630 Fishers Lane, Rm.
                                                                                                              New Animal Drugs; Approval of New                                    1061, Rockville, MD 20852, between 9
                                            publish a document in the Federal
                                                                                                              Animal Drug Applications; Change of                                  a.m. and 4 p.m., Monday through
                                            Register announcing OMB’s decision to
                                                                                                              Sponsor                                                              Friday. Persons with access to the
                                            approve, modify, or disapprove the
                                            information collection provisions in this                         AGENCY:       Food and Drug Administration,                          Internet may obtain these documents at
                                            final rule. An Agency may not conduct                             HHS.                                                                 the CVM FOIA Electronic Reading
                                            or sponsor, and a person is not required                                                                                               Room: http://www.fda.gov/AboutFDA/
                                                                                                                    Final rule; technical
                                                                                                              ACTION:
                                                                                                                                                                                   CentersOffices/OfficeofFoods/CVM/
                                            to respond to, a collection of                                    amendments.
                                            information unless it displays a                                                                                                       CVMFOIAElectronicReadingRoom/
                                            currently valid OMB control number.                               SUMMARY:   The Food and Drug                                         default.htm. Marketing exclusivity and
                                                                                                              Administration (FDA) is amending the                                 patent information may be accessed in
                                            III. Comments                                                     animal drug regulations to reflect                                   FDA’s publication, Approved Animal
                                               Interested persons may submit either                           approval actions for new animal drug                                 Drug Products Online (Green Book) at:
                                            electronic comments regarding the                                 applications (NADAs) and abbreviated                                 http://www.fda.gov/AnimalVeterinary/
                                            SECG to http://www.regulations.gov or                             new animal drug applications                                         Products/
                                            written comments to the Division of                               (ANADAs) during November and                                         ApprovedAnimalDrugProducts/
                                            Dockets Management (see ADDRESSES). It                            December 2014. FDA is also informing                                 default.htm.
                                            is only necessary to send one set of                              the public of the availability of                                       In addition, Pennfield Oil Co., 14040
                                            comments. Identify comments with the                              summaries of the basis of approval and                               Industrial Rd., Omaha, NE 68144, has
                                            docket number found in brackets in the                            of environmental review documents,                                   transferred ownership of, and all rights
                                            heading of this document. Received                                where applicable. The animal drug                                    and interest in, the following approved
                                            comments may be seen in the Division                              regulations are also being amended to                                applications to Pharmgate LLC, 161
                                            of Dockets Management between 9 a.m.                              reflect a change of sponsorship of eight                             North Franklin Turnpike, Suite 2C,
                                            and 4 p.m., Monday through Friday, and                            NADAs and nine ANADAs, and to make                                   Ramsey, NJ 07446:

                                                File No.                                                                 Product name                                                                            21 CFR Cite

                                            065–480   ........    Chlortetracycline Soluble Powder ..................................................................................................   520.441.
                                            138–934   ........    PENNCHLOR SP (chlortetracycline, sulfamethazine, penicillin) Type A medicated articles .......                                        558.145.
                                            138–935   ........    PENNCHLOR (chlortetracycline) Type A medicated articles ........................................................                      558.128.
                                            138–938   ........    PENNOX (oxytetracycline) Type A medicated articles .................................................................                  558.450.
                                            138–939   ........    NEO–OXY (neomycin sulfate and oxytetracycline) Type A medicated articles ...........................                                  558.455.
                                            140–680   ........    TYLAN (tylosin phosphate) Type A medicated articles ................................................................                  558.625.
                                            140–681   ........    TYLAN Sulfa-G (tylosin phosphate and sulfamethazine) Type A medicated articles ..................                                     558.630.
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                                            141–137   ........    PENITRACIN (bacitracin methylenedisalicylate) 50 Type A medicated article ............................                                Not codified.
                                            200–026   ........    PENNOX 343 (oxytetracycline) .....................................................................................................    520.1660d.
                                            200–154   ........    PENNOX 200 (oxytetracycline) .....................................................................................................    558.450.
                                            200–295   ........    PENNCHLOR 64 (chlortetracycline) ..............................................................................................       558.128.
                                            200–314   ........    PENNCHLOR S (chlortetracycline) ...............................................................................................       558.140.
                                            200–354   ........    PENNCHLOR (chlortetracycline)/COBAN (monensin) ..................................................................                     558.355.
                                            200–356   ........    PENNCHLOR (chlortetracycline)/DENAGARD (tiamulin) .............................................................                       558.600.



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Document Created: 2015-12-18 11:41:25
Document Modified: 2015-12-18 11:41:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of availability.
DatesThe SECG will be available as of March 13, 2015. Submit either electronic or written comments on FDA guidances at any time.
ContactDaniel Y. Reese, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2371.
FR Citation80 FR 13225 
CFR Citation21 CFR 101
21 CFR 11

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