80_FR_17507 80 FR 17445 - Agency Information Collection Activities; Proposed Collection; Comment Request; Animal Food Labeling; Declaration of Certifiable Color Additives

80 FR 17445 - Agency Information Collection Activities; Proposed Collection; Comment Request; Animal Food Labeling; Declaration of Certifiable Color Additives

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range17445-17446
FR Document2015-07420

The Food and Drug Administration (FDA) 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 solicits comments on burden hours associated with the animal food industry declaring the presence of certified and noncertified color additives in their animal food products on the animal food label.

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17445-17446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07420]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0025]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Animal Food Labeling; Declaration of Certifiable Color 
Additives

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) 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 solicits comments on burden hours associated with 
the animal food industry declaring the presence of certified and 
noncertified color additives in their animal food products on the 
animal food label.

DATES: Submit either electronic or written comments on the collection 
of information by June 1, 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, PRAStaff@fda.hhs.gov.

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,

[[Page 17446]]

before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's 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.

Animal Food Labeling; Declaration of Certifiable Color Additives--21 
CFR 501.22(k) (OMB Control Number 0910-0721--Extension)

    This information collection is associated with requirements under 
Sec.  501.22(k) (21 CFR 501.22(k)) in which animal food manufacturers 
must declare the presence of certified and noncertified color additives 
in their animal food products on the product label. The Agency issued 
this regulation in response to the Nutrition Labeling and Education Act 
of 1990 to make animal food regulations consistent with the regulations 
regarding the declaration of color additives on human food labels and 
to provide animal owners with information on the colors used in animal 
food.
    Respondents to this collection are manufacturers of pet food that 
contain color additives. Manufacturers of certain food or food 
ingredients do not have products that contain color additives requiring 
certification (e.g., food for chickens, fish, and some other species, 
including some pet foods) and would thus be minimally affected by Sec.  
501.22(k)(1). However, since we cannot rule out the possibility that 
they may at some point use a color additive requiring certification, we 
have consolidated the burden estimates for Sec.  501.22(k)(1) and 
(k)(2). Additionally, we believe that this burden is more accurately 
characterized as a third-party disclosure burden because FDA does not 
require routine submission of pet food labeling to the Agency.
    FDA estimates the burden for this collection of information as 
follows:

                                               Table 1--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                      21 CFR Section; activity                          Number of     disclosures per    Total annual   Average  burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
501.22(k); labeling of color additive or lake of color additive;              3,120             0.83            2,587             0.25              647
 labeling of color additives not subject to certification..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Because Sec.  501.22(k) became effective November 18, 2013, the 
Agency estimates that the burden associated with the labeling 
requirements under Sec.  501.22(k) applies only to new product labels. 
Because the vast majority of animal food products that contain 
certified color additives are pet foods, we limit our burden estimate 
to reviewing labels for the use of certified color additives to pet 
food manufacturers subject to this regulation.
    Based on A.C. Nielsen Data, FDA estimates that the number of animal 
food product units subject to Sec.  501.22(k) for which sales of the 
products are greater than zero is 25,874. Assuming that the flow of new 
products is 10 percent per year, then 2,587 new animal food products 
subject to Sec.  501.22(k) will come on the market each year. FDA also 
estimates that there are about 3,120 manufacturers of pet food subject 
to either Sec.  501.22(k)(1) or (k)(2). Assuming the approximately 
2,587 new products are split equally among the firms, then each firm 
would prepare labels for approximately 0.83 new products per year 
(2,587 new products/3,120 firms is approximately 0.83 labels per firm).
    The Agency expects that firms prepare the required labeling for 
their products in a manner that takes into account at one time all 
information required to be disclosed on their product labels. Based on 
our experience with reviewing pet food labeling, FDA estimates that 
firms would require less than 0.25 hour (15 minutes) per product to 
comply with the requirement to include the color additive information 
under Sec.  501.22(k). The total burden of this activity is 647 hours 
(2,587 labels x 0.25 hour/label is approximately 647 hours).

    Dated: March 25, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-07420 Filed 3-31-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                        Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                                             17445

                                                    Please ensure that your comments are                                DEPARTMENT OF HEALTH AND                                      the proposed information collection are
                                                  submitted within the specified                                        HUMAN SERVICES                                                being solicited.
                                                  nomination period. Nominations                                                                                                        This request is for approval of a plan
                                                  received after the closing date will be                               Administration for Children and                               for conducting more than one
                                                  marked as late and may be considered                                  Families                                                      information collection that is very
                                                  only if time and resources permit.                                                                                                  similar, voluntary, low-burden and
                                                                                                                        Submission for OMB Review;                                    uncontroversial. Information collections
                                                  Sascha Chaney,                                                        Comment Request                                               under this generic clearance will be in
                                                  Acting Director, Office of Policy, Planning                                                                                         compliance with U.S. Department of
                                                  and Evaluation National Center for                                      Title: Generic Clearance for Grant
                                                                                                                                                                                      Health and Humans Services’ Grants
                                                  Environmental Health/Agency for Toxic                                 Reviewer Recruitment Form.
                                                                                                                                                                                      Policy Directive 2.04 ‘‘Awarding
                                                  Substances and Disease Registry.                                        OMB No.: New.                                               Grants’’, and the Awarding Agency
                                                  [FR Doc. 2015–07437 Filed 3–31–15; 8:45 am]                             Description: This notice announces                          Grants Administration Manual, Chapter
                                                  BILLING CODE 4163–70–P                                                that the Administration for Children                          2.04C ‘‘Objective Review of Grant
                                                                                                                        and Families intends to submit the                            Applications. These forms will be used
                                                                                                                        proposed Information Collection                               to select reviewers who will participate
                                                                                                                        Request (Generic ICR): Generic                                in the grant review process for the
                                                                                                                        Clearance for Grant Reviewer                                  purpose of selecting successful
                                                                                                                        Application Form under the Paperwork                          applications.
                                                                                                                        Reduction (PRA) (44 U.S.C. 3501 et.                             Respondents: Grant Reviewer
                                                                                                                        seq.). Comments on specific aspects for                       Candidates.

                                                                                                                                 ANNUAL BURDEN ESTIMATES
                                                                                                                                                                                      Number of           Average
                                                                                                                                                                   Number of                                           Total burden
                                                                                                Instrument                                                                          responses per       burden hours
                                                                                                                                                                  respondents                                             hours
                                                                                                                                                                                      respondent        per response

                                                  Recruitment Form ............................................................................................         1,500             1                 0.5            750



                                                    Estimated Total Annual Burden                                       DEPARTMENT OF HEALTH AND                                      ADDRESSES:   Submit electronic
                                                  Hours: 750 Hours.                                                     HUMAN SERVICES                                                comments on the collection of
                                                    Additional Information: Copies of the                                                                                             information to http://
                                                                                                                        Food and Drug Administration                                  www.regulations.gov. Submit written
                                                  proposed collection may be obtained by
                                                  writing to the Administration for                                     [Docket No. FDA–2009–N–0025]                                  comments on the collection of
                                                                                                                                                                                      information to the Division of Dockets
                                                  Children and Families, Office of
                                                                                                                        Agency Information Collection                                 Management (HFA–305), Food and Drug
                                                  Planning, Research and Evaluation, 370
                                                                                                                        Activities; Proposed Collection;                              Administration, 5630 Fishers Lane, Rm.
                                                  L’Enfant Promenade SW., Washington,                                                                                                 1061, Rockville, MD 20852. All
                                                                                                                        Comment Request; Animal Food
                                                  DC 20447, Attn: ACF Reports Clearance                                                                                               comments should be identified with the
                                                                                                                        Labeling; Declaration of Certifiable
                                                  Officer. All requests should be                                                                                                     docket number found in brackets in the
                                                                                                                        Color Additives
                                                  identified by the title of the information                                                                                          heading of this document.
                                                  collection. Email address:                                            AGENCY:        Food and Drug Administration,
                                                                                                                                                                                      FOR FURTHER INFORMATION CONTACT: FDA
                                                  infocollection@acf.hhs.gov.                                           HHS.
                                                                                                                                                                                      PRA Staff, Office of Operations, Food
                                                    OMB Comment: OMB is required to                                     ACTION:      Notice.                                          and Drug Administration, 8455
                                                  make a decision concerning the                                                                                                      Colesville Rd., COLE–14526, Silver
                                                                                                                        SUMMARY:  The Food and Drug
                                                  collection of information between 30                                                                                                Spring, MD 20993–0002, PRAStaff@
                                                                                                                        Administration (FDA) is announcing an
                                                  and 60 days after publication of this                                                                                               fda.hhs.gov.
                                                                                                                        opportunity for public comment on the
                                                  document in the Federal Register.                                     proposed collection of certain
                                                  Therefore, a comment is best assured of                                                                                             SUPPLEMENTARY INFORMATION:      Under the
                                                                                                                        information by the Agency. Under the                          PRA (44 U.S.C. 3501–3520), Federal
                                                  having its full effect if OMB receives it                             Paperwork Reduction Act of 1995 (the                          Agencies must obtain approval from the
                                                  within 30 days of publication. Written                                PRA), Federal Agencies are required to                        Office of Management and Budget
                                                  comments and recommendations for the                                  publish notice in the Federal Register                        (OMB) for each collection of
                                                  proposed information collection should                                concerning each proposed collection of                        information they conduct or sponsor.
                                                  be sent directly to the following: Office                             information, including each proposed                          ‘‘Collection of information’’ is defined
                                                  of Management and Budget, Paperwork                                   extension of an existing collection of                        in 44 U.S.C. 3502(3) and 5 CFR
                                                  Reduction Project, Email: OIRA_                                       information, and to allow 60 days for                         1320.3(c) and includes Agency requests
                                                  SUBMISSION@OMB.EOP.GOV, Attn:                                         public comment in response to the                             or requirements that members of the
                                                  Desk Officer for the Administration for                               notice. This notice solicits comments on                      public submit reports, keep records, or
                                                  Children and Families.                                                burden hours associated with the
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                                                                                                                                                                                      provide information to a third party.
                                                                                                                        animal food industry declaring the                            Section 3506(c)(2)(A) of the PRA (44
                                                  Robert Sargis,
                                                                                                                        presence of certified and noncertified                        U.S.C. 3506(c)(2)(A)) requires Federal
                                                  Reports Clearance Officer.                                            color additives in their animal food                          Agencies to provide a 60-day notice in
                                                  [FR Doc. 2015–07352 Filed 3–31–15; 8:45 am]                           products on the animal food label.                            the Federal Register concerning each
                                                  BILLING CODE 4184–01–P                                                DATES: Submit either electronic or                            proposed collection of information,
                                                                                                                        written comments on the collection of                         including each proposed extension of an
                                                                                                                        information by June 1, 2015.                                  existing collection of information,


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                                                  17446                          Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

                                                  before submitting the collection to OMB                  when appropriate, and other forms of                    Respondents to this collection are
                                                  for approval. To comply with this                        information technology.                               manufacturers of pet food that contain
                                                  requirement, FDA is publishing notice                                                                          color additives. Manufacturers of certain
                                                                                                           Animal Food Labeling; Declaration of
                                                  of the proposed collection of                                                                                  food or food ingredients do not have
                                                                                                           Certifiable Color Additives—21 CFR
                                                  information set forth in this document.                                                                        products that contain color additives
                                                     With respect to the following                         501.22(k) (OMB Control Number 0910–
                                                                                                           0721—Extension)                                       requiring certification (e.g., food for
                                                  collection of information, FDA invites                                                                         chickens, fish, and some other species,
                                                  comments on these topics: (1) Whether                      This information collection is                      including some pet foods) and would
                                                  the proposed collection of information                   associated with requirements under                    thus be minimally affected by
                                                  is necessary for the proper performance                  § 501.22(k) (21 CFR 501.22(k)) in which
                                                                                                                                                                 § 501.22(k)(1). However, since we
                                                  of FDA’s functions, including whether                    animal food manufacturers must declare
                                                                                                                                                                 cannot rule out the possibility that they
                                                  the information will have practical                      the presence of certified and
                                                                                                                                                                 may at some point use a color additive
                                                  utility; (2) the accuracy of FDA’s                       noncertified color additives in their
                                                                                                                                                                 requiring certification, we have
                                                  estimate of the burden of the proposed                   animal food products on the product
                                                                                                                                                                 consolidated the burden estimates for
                                                  collection of information, including the                 label. The Agency issued this regulation
                                                  validity of the methodology and                          in response to the Nutrition Labeling                 § 501.22(k)(1) and (k)(2). Additionally,
                                                  assumptions used; (3) ways to enhance                    and Education Act of 1990 to make                     we believe that this burden is more
                                                  the quality, utility, and clarity of the                 animal food regulations consistent with               accurately characterized as a third-party
                                                  information to be collected; and (4)                     the regulations regarding the declaration             disclosure burden because FDA does
                                                  ways to minimize the burden of the                       of color additives on human food labels               not require routine submission of pet
                                                  collection of information on                             and to provide animal owners with                     food labeling to the Agency.
                                                  respondents, including through the use                   information on the colors used in                       FDA estimates the burden for this
                                                  of automated collection techniques,                      animal food.                                          collection of information as follows:

                                                                                         TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                              Number of                             Average
                                                                                                                          Number of           disclosures       Total annual
                                                                      21 CFR Section; activity                                                                                     burden per   Total hours
                                                                                                                         respondents         per respond-       disclosures        disclosure
                                                                                                                                                  ent

                                                  501.22(k); labeling of color additive or lake of color addi-
                                                    tive; labeling of color additives not subject to certification            3,120                 0.83           2,587              0.25          647
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                     Because § 501.22(k) became effective                  account at one time all information                   provisions set forth in sections
                                                  November 18, 2013, the Agency                            required to be disclosed on their                     552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                  estimates that the burden associated                     product labels. Based on our experience               as amended. The grant applications and
                                                  with the labeling requirements under                     with reviewing pet food labeling, FDA                 the discussions could disclose
                                                  § 501.22(k) applies only to new product                  estimates that firms would require less               confidential trade secrets or commercial
                                                  labels. Because the vast majority of                     than 0.25 hour (15 minutes) per product               property such as patentable material,
                                                  animal food products that contain                        to comply with the requirement to                     and personal information concerning
                                                  certified color additives are pet foods,                 include the color additive information                individuals associated with the grant
                                                  we limit our burden estimate to                          under § 501.22(k). The total burden of                applications, the disclosure of which
                                                  reviewing labels for the use of certified                this activity is 647 hours (2,587 labels              would constitute a clearly unwarranted
                                                  color additives to pet food                              x 0.25 hour/label is approximately 647                invasion of personal privacy.
                                                  manufacturers subject to this regulation.                hours).                                                  Name of Committee: National Institute on
                                                     Based on A.C. Nielsen Data, FDA                         Dated: March 25, 2015.                              Alcohol Abuse and Alcoholism Special
                                                  estimates that the number of animal                      Leslie Kux,                                           Emphasis Panel; Review of Alcohol Health
                                                  food product units subject to § 501.22(k)                                                                      Disparity Research Centers.
                                                                                                           Associate Commissioner for Policy.
                                                  for which sales of the products are                                                                               Date: April 28, 2015.
                                                                                                           [FR Doc. 2015–07420 Filed 3–31–15; 8:45 am]              Time: 1:00 p.m. to 5:00 p.m.
                                                  greater than zero is 25,874. Assuming                    BILLING CODE 4164–01–P                                   Agenda: To review and evaluate grant
                                                  that the flow of new products is 10                                                                            applications.
                                                  percent per year, then 2,587 new animal                                                                           Place: NIAAA, NIH, 5635 Fishers Lane,
                                                  food products subject to § 501.22(k) will                DEPARTMENT OF HEALTH AND                              Rockville, MD 20852, (Telephone Conference
                                                  come on the market each year. FDA also                   HUMAN SERVICES                                        Call).
                                                  estimates that there are about 3,120                                                                              Contact Person: Ranga Srinivas, Ph.D.,
                                                  manufacturers of pet food subject to                     National Institutes of Health                         Chief, Extramural Project Review Branch,
                                                  either § 501.22(k)(1) or (k)(2). Assuming                                                                      National Institute on Alcohol Abuse and
                                                  the approximately 2,587 new products                     National Institute on Alcohol Abuse                   Alcoholism, NIH, 5635 Fishers Lane, Room
                                                  are split equally among the firms, then                  and Alcoholism; Notice of Closed                      2085, Rockville, MD 20852, (301) 443–2067,
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                                                                                                           Meeting                                               srinivar@mail.nih.gov.
                                                  each firm would prepare labels for
                                                  approximately 0.83 new products per                                                                            (Catalogue of Federal Domestic Assistance
                                                                                                             Pursuant to section 10(d) of the                    Program Nos. 93.271, Alcohol Research
                                                  year (2,587 new products/3,120 firms is                  Federal Advisory Committee Act, as
                                                  approximately 0.83 labels per firm).                                                                           Career Development Awards for Scientists
                                                                                                           amended (5 U.S.C. App.), notice is                    and Clinicians; 93.272, Alcohol National
                                                     The Agency expects that firms                         hereby given of the following meeting.                Research Service Awards for Research
                                                  prepare the required labeling for their                    The meeting will be closed to the                   Training; 92.273, Alcohol Research Programs;
                                                  products in a manner that takes into                     public in accordance with the                         93.891, Alcohol Research Center Grants;



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Document Created: 2015-12-18 11:04:31
Document Modified: 2015-12-18 11:04:31
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 June 1, 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 17445 

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