80_FR_73420 80 FR 73194 - Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived From Genetically Engineered Plants; Guidance for Industry; Availability

80 FR 73194 - Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived From Genetically Engineered Plants; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range73194-73198
FR Document2015-29903

The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled ``Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived from Genetically Engineered Plants.'' The guidance is intended to help food manufacturers that wish to voluntarily label their plant-derived food products or ingredients (for humans or for animals) as having been made with or without bioengineering.

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015)
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73194-73198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29903]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2000-D-0075]


Voluntary Labeling Indicating Whether Foods Have or Have Not Been 
Derived From Genetically Engineered Plants; Guidance for Industry; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a guidance for industry entitled ``Voluntary Labeling 
Indicating Whether

[[Page 73195]]

Foods Have or Have Not Been Derived from Genetically Engineered 
Plants.'' The guidance is intended to help food manufacturers that wish 
to voluntarily label their plant-derived food products or ingredients 
(for humans or for animals) as having been made with or without 
bioengineering.

DATES: Submit either electronic or written comments on the guidance at 
any time. Fax written comments on the collection of information by 
December 24, 2015.

ADDRESSES: To ensure that comments on the information collection are 
received, the Office of Management and Budget (OMB) recommends that 
written comments be faxed to the Office of Information and Regulatory 
Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to 
oira_submission@omb.eop.gov. All comments should be identified with the 
OMB control number 0910-New and title ``Voluntary Labeling Indicating 
Whether Foods Have or Have Not Been Derived from Genetically Engineered 
Plants.'' Also include the FDA docket number found in brackets in the 
heading of this document.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2000-D-0075 for ``Voluntary Labeling Indicating Whether Foods Have 
or Have Not Been Derived from Genetically Engineered Plants.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the 
Office of Nutrition, Labeling, and Dietary Supplements (HFS-800), 
Center for Food Safety and Applied Nutrition, 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 guidance.

FOR FURTHER INFORMATION CONTACT: Regarding human food issues: Andrea 
Krause, Center for Food Safety and Applied Nutrition (HFS-820), Food 
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 
20740, 240-402-2371. Regarding animal food issues: Kathleen Jones, 
Center for Veterinary Medicine (HFV-220), Food and Drug Administration, 
7519 Standish Pl., Rockville, MD 20855, 240-402-7077. Regarding the 
information collection: 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:

I. Background

    Section 403 of the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act) (21 U.S.C. 343) generally governs the labeling of foods. Under 
section 403(a)(1) of the FD&C Act, a food is misbranded if its labeling 
is false or misleading in any particular.
    Section 201(n) of the FD&C Act (21 U.S.C. 321(n)) provides that 
labeling is misleading if, among other things, it fails to reveal facts 
that are material in light of representations made or suggested in the 
labeling, or material with respect to consequences that may result from 
the use of the food to which the labeling relates under the conditions 
of use prescribed in the labeling, or under such conditions of use as 
are customary or usual.
    In the Federal Register of May 29, 1992 (57 FR 22984), we published 
a ``Statement of Policy: Foods Derived from New Plant Varieties'' (1992 
Policy). The 1992 Policy applies to foods for humans and animals that 
are developed from new plant varieties, including varieties that are 
developed using recombinant deoxyribonucleic acid (rDNA) technology. 
This technology has long been referred to as ``rDNA technology,'' 
``genetic

[[Page 73196]]

engineering,'' or ``bioengineering,'' and more recently, as ``modern 
biotechnology.''
    In the 1992 Policy, we addressed, among other things, the labeling 
of foods derived from new plant varieties, including plants developed 
by bioengineering. In the 1992 Policy, we explained that we were not 
establishing special labeling requirements for foods from bioengineered 
plants as a class of foods because we did not find any basis for 
concluding that foods from bioengineered plants, as a class, differ 
from other foods in any meaningful or uniform way, or that foods 
developed by the new techniques present any different or greater safety 
concern than foods developed by traditional plant breeding.
    In the Federal Register of January 18, 2001 (66 FR 4839), we 
announced the availability of a draft guidance for industry entitled 
``Voluntary Labeling Indicating Whether Foods Have or Have Not Been 
Developed Using Bioengineering.'' We received more than 155,000 
comments on the draft guidance. Most comments were submitted by 
consumers. Other comments represented the views of advocacy groups, 
trade organizations, organic grocers/food co-ops, private sector 
business, farming/farm bureaus, food manufacturers, crop developers, 
local governments, and academic researchers. We have considered the 
comments and revised the guidance as appropriate. We understand that 
consumers may want information about whether or not a food is developed 
through genetic engineering. Thus, we are providing guidance on 
voluntary labeling that will help manufacturers that would like to 
provide consumers with additional information about the foods they 
consume.
    We are issuing this guidance consistent with our good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on this topic. It does not establish any rights 
for any person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations. In addition, this guidance does not preempt 
State food labeling requirements that are consistent with the Federal 
requirements described in the guidance and that are not otherwise 
expressly preempted by the FD&C Act.

II. Paperwork Reduction Act of 1995

    This final guidance contains information collection provisions that 
are subject to review by OMB under the Paperwork Reduction Act of 1995 
(the PRA) (44 U.S.C. 3501-3520). Under the PRA, Federal Agencies must 
obtain approval from 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 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 before submitting the collection to OMB for 
approval. To comply with this requirement, in the Federal Register of 
January 18, 2001, we gave interested persons 60 days to comment on the 
information collection provisions in the draft guidance (66 FR 4839 at 
4840).
    After publishing the 60-day notice requesting public comment, 
section 3507 of the PRA (44 U.S.C. 3507) requires Federal Agencies to 
submit the proposed collection to OMB for review and clearance. In 
compliance with 44 U.S.C. 3507, we have submitted the following 
proposed collection of information to OMB for review and clearance. FDA 
is issuing this final guidance subject to OMB approval of the 
collection of information. If the collection is approved, FDA will 
publish a notice in the Federal Register concerning OMB approval and 
providing an OMB control number.

Voluntary Labeling Indicating Whether Foods Have or Have Not Been 
Derived From Genetically Engineered Plants

OMB Control Number 0910-New
    As noted, in the Federal Register of January 18, 2001, we announced 
the availability of the draft guidance document and requested public 
comment on the information collection provisions. Subsequently, we 
published a document in the Federal Register of October 31, 2003 (68 FR 
62086), informing interested parties that the proposed collection of 
information had been submitted to the OMB for review and clearance 
under the PRA. However, we determined that the request for comments was 
issued prematurely. Thus, we withdrew the notice on November 21, 2003 
(68 FR 65717). We are now reissuing the request for comments and 
submitting the proposed collection of information to OMB.
    The guidance entitled ``Voluntary Labeling Indicating Whether Foods 
Have or Have Not Been Derived from Genetically Engineered Plants'' is 
intended to assist manufacturers that wish to voluntarily label their 
foods (human or animal) as being made with or without genetic 
engineering or the use of genetically engineered ingredients, to ensure 
that such labeling is truthful and not misleading. The information that 
the manufacturers will collect is documentation of handling practices 
so that they can truthfully label their products to indicate, if they 
so choose, whether the food has or has not been developed using genetic 
engineering.
    In general, we anticipate that manufacturers claiming that a 
product is not developed using genetically engineered material would 
substantiate the claim. We suggest that manufacturers document 
practices and procedures to substantiate a claim that a food was not 
developed using genetic engineering. Examples of documentation that we 
anticipate will demonstrate practices and procedures are recordkeeping, 
and certifications or affidavits from farmers, processors, and others 
in the food production and distribution chain. We are neither 
suggesting that firms maintain a certain set list of documents nor are 
we suggesting that anything less or different would likely be 
considered unacceptable. Rather, we are leaving it to each firm's 
judgment to maintain appropriate documentation to demonstrate that the 
food was produced using traditional methods.
    Description of Respondents: The respondents to the proposed 
collection of information are manufacturers of foods that were or were 
not derived from genetically engineered plants who wish to voluntarily 
label their food products.
    As noted, in the Federal Register of January 18, 2001, we published 
a 60-day notice requesting public comment on the proposed collection of 
information. We received more than 155,000 comments, each containing 
one or more issues. The following is a discussion of the comments we 
received on the information collection and our response to those 
comments.
    (Comment 1) Most comments agreed that labeling food products as 
genetically engineered or non-genetically engineered would result in 
costs due to segregation, testing, or third-party validation, in 
addition to label changes. However, some comments said the producers 
that choose to label their products as non-genetically engineered and 
the consumers that choose to purchase these products should incur these 
costs. Other comments said that these costs should be borne by the 
growers, manufacturers, processors, and

[[Page 73197]]

marketers of genetically engineered foods.
    (Response) We disagree that it would be necessary to incur costs 
due to segregation, testing, or third-party validation to substantiate 
a claim that a food was not developed using genetic engineering. We 
also note that the question of who should bear the paperwork burden is 
not within the scope of the guidance.
    (Comment 2) One comment stated that we underestimated the number of 
small firms that will choose to label their product as not genetically 
engineered, but will not attempt to make an organic claim.
    (Response) We disagree that we underestimated the number of 
respondents in the 2001 60-day Federal Register notice. The comment did 
not offer any evidence to substantiate this claim or give an estimate 
of how many small firms will choose to make a non-genetically 
engineered claim. We based our estimate of the number of firms that 
would label their products with a genetically engineered claim on the 
number of products making an organic claim and the number of products 
that were not currently making an organic claim on their label, but 
were making a statement about genetic engineering on their Web site, 
through a press release, or other venue when the 2001 60-day notice was 
published. We have, however, updated in this notice the estimated 
number of recordkeepers to reflect new information on the number of 
foods that are labeled as not genetically engineered.
    (Comment 3) Numerous comments pointed out that mandatory labeling 
would have high costs for additional activities such as segregation, 
testing, labeling, quality control, and certification. One comment 
estimated that these costs could be as high as 6 to 17 percent of the 
farmgate price.
    (Response) The paperwork reduction analysis only estimates the 
paperwork burden associated with voluntary labeling. The estimates 
related to mandatory labeling are outside the scope of the guidance, 
and we have not included them in the analysis.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of                       Average  burden
                             Activity                                  Number of       records per      Total annual          per          Total hours
                                                                     recordkeepers     recordkeeper       records        recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping per the Guidance....................................              85                4              340                 1              340
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We have updated the number of recordkeepers and respondents to 
reflect new information on the number of food products that are labeled 
using the terms ``biotechnology'' and ``GMO'' (genetically modified 
organism) since the 2001 issuance of the 60-day notice and draft 
guidance. We estimate a recordkeeping burden, to retain paperwork to 
substantiate that the food or ingredient is produced without genetic 
engineering, only for products that are not also already labeled using 
the term ``organic.'' We did not include products that are labeled 
``organic'' in the estimated annual recordkeeping burden because, 
according to a final rule in the Federal Register of December 21, 2000 
(65 FR 80548), issued by the Agriculture Marketing Service of the U.S. 
Department of Agriculture, a food labeled as ``organic'' would not be 
permitted to contain genetically engineered materials. Thus, there is 
no additional paperwork burden to substantiate a claim that a product 
is not developed using genetic engineering for these certified organic 
products.
    We based our revised estimates of the recordkeeping burden (table 1 
of this document) on data from Labelbase by FoodEssentials. Labelbase 
is a custom online system for accessing a consumer packaged goods 
product data; the database contains more than 250,000 product labels 
that can be searched by keyword, ingredient, nutrient, allergen, label 
claim, or food additive, for example. Using this database, we have 
identified 540 food manufacturers who produce 2,160 products with the 
term ``bioengineered'' or ``GMO'' on their labels; this estimate 
includes manufacturers of human food and pet food. In addition, the 
National Center for Appropriate Technology's National Sustainable 
Agriculture Information Center maintains on its Web site a list of 
Organic Livestock Feed Suppliers. Using this list, we have identified 
54 livestock feed suppliers that would be likely to include a statement 
about bioengineering on the label of their products and thus would have 
documentation to substantiate their claim.
    Of the 2,160 human food and pet food products that we have 
identified as using the term ``bioengineered'' or ``GMO'' on their 
labels (presumably used in a context to designate foods that are not 
bioengineered), 1,140 of these products (285 manufacturers) also use 
the term ``organic'' on the label; 1,020 products do not use the term 
``organic'' on the label (2,160 - 1,140 = 1,020 products not organics; 
540-285 = 255 manufacturers of not organic products). In addition, the 
54 livestock feed suppliers are also organic producers, thus the 216 
products attributed to these manufacturers already are considered to be 
labeled ``organic.'' Thus, there are 1,020 products made by 255 human 
food and pet food manufacturers that would need to substantiate that 
their product or ingredient was not genetically engineered.
    We estimate that the burden of maintaining the documentation is a 
one-time burden; the document to substantiate that the product or 
ingredient was produced without genetic engineering only needs to be 
generated once and then kept on file. To annualize this one-time 
burden, we divide by 3 because paperwork burden collections are 
approved on a 3-year cycle (255/3 = 85). Thus, we estimate in table 1 
that, on average, 85 manufacturers annually will collect and keep 
information that substantiates their label claim for four products 
(1,020 products/3 = 340 products/85 manufacturers = 4 products per 
manufacturer).
    We estimate this one-time recordkeeping burden to be 1 hour per 
product that makes use of a labeling claim which results in a burden of 
1 hour for a total annualized recordkeeping burden of 340 hours (85 
manufacturers x 4 records per manufacturer x 1 hour per record). In the 
2001 notice, we estimated $53,040 as ``operating and maintenance 
costs'' associated with this recordkeeping burden. These costs were 
reported in error and have been removed from table 1. We estimate no 
capital costs or operating and maintenance costs associated with this 
recordkeeping burden.

[[Page 73198]]

    We do not estimate any reporting burden or third party disclosure 
burden associated with this information collection. Manufacturers who 
want to make use of this voluntary labeling claim option are considered 
to be those that already have such wording on their products' labels. 
We do not expect that this guidance will cause labels already in the 
marketplace to need to be re-worded.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at 
http://www.fda.gov/FoodGuidances 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: November 19, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29903 Filed 11-23-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  73194                      Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

                                                  FOR FURTHER INFORMATION CONTACT:                        characteristics.1 (Elsewhere in this issue            containing or not containing products
                                                  Regarding human food issues: Andrea                     of the Federal Register, we are                       from GE Atlantic salmon. FDA’s main
                                                  Krause, Center for Food Safety and                      announcing the availability of a final                concern within the context of this
                                                  Applied Nutrition (HFS–820), Food and                   guidance entitled ‘‘Guidance for                      guidance is that any voluntary labeling
                                                  Drug Administration, 5100 Paint Branch                  Industry: Voluntary Labeling Indicating               be truthful and not misleading.
                                                  Pkwy., College Park, MD 20740, 240–                     Whether Foods Have or Have Not Been
                                                                                                                                                                III. Paperwork Reduction Act of 1995
                                                  402–2371. Regarding animal food                         Derived from Genetically Engineered
                                                  issues: Kathleen Jones, Center for                      Plants.’’) Changes to the name of the                    Under the Paperwork Reduction Act
                                                  Veterinary Medicine (HFV–220), Food                     product or other additional labeling are              of 1995 (the PRA) (44 U.S.C. 3501–
                                                  and Drug Administration, 7519 Standish                  not required if the resulting food is not             3520), Federal Agencies must obtain
                                                  Pl., Rockville, MD 20855, 240–402–                      materially different from its non-                    approval from the Office of Management
                                                  7077.                                                   genetically engineered counterpart.                   and Budget (OMB) for each collection of
                                                                                                             In the process of deciding whether or              information they conduct or sponsor.
                                                  SUPPLEMENTARY INFORMATION:                              not to require additional labeling of                 This draft guidance contains proposed
                                                  I. Background                                           AquAdvantage Salmon, FDA considered                   collections of information. ‘‘Collection
                                                                                                          whether food from AquAdvantage                        of information’’ is defined in 44 U.S.C.
                                                     We are announcing the availability of                Salmon is materially different from non-              3502(3) and 5 CFR 1320.3(c) and
                                                  a draft guidance for industry entitled                  GE, farm-raised Atlantic salmon. As part              includes Agency requests or
                                                  ‘‘Voluntary Labeling Indicating Whether                 of our evaluation, we assessed data and               requirements that members of the public
                                                  Food Has or Has Not Been Derived From                   information submitted in response to                  submit reports, keep records, or provide
                                                  Genetically Engineered Atlantic                         our August 26, 2010, Federal Register                 information to a third party. Section
                                                  Salmon.’’ We are issuing the draft                      document entitled ‘‘Food Labeling;                    3506(c)(2)(A) of the PRA (44 U.S.C.
                                                  guidance consistent with our good                       Labeling of Food Made From                            3506(c)(2)(A)) requires Federal Agencies
                                                  guidance practices regulation (21 CFR                   AquAdvantage Salmon; Public Hearing;                  to publish a 60-day notice in the
                                                  10.115). The draft guidance, when                       Request for Comments’’ (75 FR 52602),                 Federal Register soliciting public
                                                  finalized, will represent the current                   as well as data and information                       comment on each proposed collection of
                                                  thinking of FDA on this topic. It does                  submitted by the sponsor.                             information before submitting the
                                                  not establish any rights for any person                    Based on our review of the sponsor’s               collection to OMB for approval. To
                                                  and is not binding on FDA or the public.                data and information, and other                       comply with this requirement, FDA will
                                                  You can use an alternate approach if it                 information available to the Agency                   publish a 60-day notice on the proposed
                                                  satisfies the requirements of the                       (e.g., FDA’s laboratory analyses                      collections of information in this draft
                                                  applicable statutes and regulations.                    establishing that AquAdvantage Salmon                 guidance in a future issue of the Federal
                                                     On November 19, 2015, FDA                            meets the criteria for Atlantic salmon                Register.
                                                  approved a new animal drug application                  established for the Regulatory Fish
                                                                                                                                                                IV. Electronic Access
                                                  (NADA) related to AquAdvantage                          Encyclopedia), we found that the
                                                  Salmon, a GE Atlantic salmon. This is                   composition, nutritional profile, and                    Persons with access to the Internet
                                                  FDA’s first approval of an NADA in                      safety of food from AquAdvantage                      may obtain the draft guidance at http://
                                                  support of a GE animal for use as food.                 Salmon do not differ from food from                   www.fda.gov/FoodGuidances or http://
                                                  According to information in the NADA,                   non-GE, farm-raised Atlantic salmon in                www.regulations.gov. Use the FDA Web
                                                  AquAdvantage Salmon is genetically                      any material way, and thus it is as safe              site listed in the previous sentence to
                                                  engineered to reach market size in a                    and nutritious as food from non-GE,                   find the most current version of the
                                                  shorter period than non-GE farm-raised                  farm-raised Atlantic salmon. For these                guidance.
                                                  Atlantic salmon. FDA’s Center for                       reasons, we concluded that there is no                  Dated: November 19, 2015.
                                                  Veterinary Medicine reviewed the                        basis to require additional labeling of               Leslie Kux,
                                                  NADA and made a determination                           food derived from AquAdvantage                        Associate Commissioner for Policy.
                                                  concerning the safety and effectiveness                 Salmon.2 3                                            [FR Doc. 2015–29904 Filed 11–23–15; 8:45 am]
                                                  of the new animal drug in                               II. Guidance on Voluntary Labeling                    BILLING CODE 4164–01–P
                                                  AquAdvantage Salmon.
                                                                                                             Recognizing that some consumers are
                                                     In terms of labeling of food derived
                                                                                                          interested in whether a food contains
                                                  from AquAdvantage Salmon, the law                                                                             DEPARTMENT OF HEALTH AND
                                                                                                          GE Atlantic salmon and some
                                                  requires, among other things, that the                                                                        HUMAN SERVICES
                                                                                                          manufacturers may want to respond to
                                                  label includes a name that accurately
                                                                                                          this consumer interest, we developed                  Food and Drug Administration
                                                  describes the basic nature of a food and
                                                                                                          this draft guidance to assist food
                                                  any other information that is considered                                                                      [Docket No. FDA–2000–D–0075]
                                                                                                          manufacturers that wish to voluntarily
                                                  material with regard to consequences
                                                                                                          label their food product or ingredients
                                                  that may result from the use of the food.                                                                     Voluntary Labeling Indicating Whether
                                                                                                          (for humans or animals) as either
                                                  In a 1992 policy on foods derived from                                                                        Foods Have or Have Not Been Derived
                                                  new plant varieties and a 2001 draft                      1 See
                                                                                                                                                                From Genetically Engineered Plants;
                                                                                                                  57 FR 22984, May 29, 1992.
                                                  guidance on voluntary labeling of food                    2 We note that, if a different GE salmon is
                                                                                                                                                                Guidance for Industry; Availability
                                                  from GE plants, we explained that:                      developed in the future, we will separately assess
                                                                                                                                                                AGENCY:   Food and Drug Administration,
                                                  Name changes are appropriate when a                     the data and information about that salmon to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          determine whether it differs materially from non-GE   HHS.
                                                  food from a GE plant is materially
                                                  different from its traditional
                                                                                                          salmon and, as such, whether additional labeling      ACTION:   Notice of availability.
                                                                                                          would be required on food derived from that
                                                  counterpart, such that the common or                    salmon.                                               SUMMARY:  The Food and Drug
                                                  usual name no longer adequately                           3 Memorandum to File: Office of Nutrition,
                                                                                                                                                                Administration (FDA or we) is
                                                  describes the new food; or when there                   Labeling and Dietary Supplements, CFSAN:
                                                                                                          Evaluation of data and information and
                                                                                                                                                                announcing the availability of a
                                                  are other material differences that affect              recommendations related to the labeling of food       guidance for industry entitled
                                                  the food’s nutritional or functional                    from AquAdvantage Salmon.                             ‘‘Voluntary Labeling Indicating Whether


                                             VerDate Sep<11>2014   17:20 Nov 23, 2015   Jkt 238001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\24NON1.SGM   24NON1


                                                                             Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices                                           73195

                                                  Foods Have or Have Not Been Derived                        • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                                  from Genetically Engineered Plants.’’                   written/paper submissions): Division of               ‘‘Search’’ box and follow the prompts
                                                  The guidance is intended to help food                   Dockets Management (HFA–305), Food                    and/or go to the Division of Dockets
                                                  manufacturers that wish to voluntarily                  and Drug Administration, 5630 Fishers                 Management, 5630 Fishers Lane, Rm.
                                                  label their plant-derived food products                 Lane, Rm. 1061, Rockville, MD 20852.                  1061, Rockville, MD 20852.
                                                  or ingredients (for humans or for                          • For written/paper comments                          Submit written requests for single
                                                  animals) as having been made with or                    submitted to the Division of Dockets                  copies of this guidance to the Office of
                                                  without bioengineering.                                 Management, FDA will post your                        Nutrition, Labeling, and Dietary
                                                  DATES: Submit either electronic or                      comment, as well as any attachments,                  Supplements (HFS–800), Center for
                                                  written comments on the guidance at                     except for information submitted,                     Food Safety and Applied Nutrition,
                                                  any time. Fax written comments on the                   marked and identified, as confidential,               Food and Drug Administration, 5100
                                                  collection of information by December                   if submitted as detailed in                           Paint Branch Pkwy., College Park, MD
                                                  24, 2015.                                               ‘‘Instructions.’’                                     20740. Send two self-addressed
                                                                                                             Instructions: All submissions received             adhesive labels to assist that office in
                                                  ADDRESSES: To ensure that comments on                   must include the Docket No. FDA–
                                                  the information collection are received,                                                                      processing your request. See the
                                                                                                          2000–D–0075 for ‘‘Voluntary Labeling                  SUPPLEMENTARY INFORMATION section for
                                                  the Office of Management and Budget                     Indicating Whether Foods Have or Have
                                                  (OMB) recommends that written                                                                                 electronic access to the guidance.
                                                                                                          Not Been Derived from Genetically
                                                  comments be faxed to the Office of                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                          Engineered Plants.’’ Received comments
                                                  Information and Regulatory Affairs,                                                                           Regarding human food issues: Andrea
                                                                                                          will be placed in the docket and, except
                                                  OMB, Attn: FDA Desk Officer, FAX:                                                                             Krause, Center for Food Safety and
                                                                                                          for those submitted as ‘‘Confidential
                                                  202–395–7285, or emailed to oira_                                                                             Applied Nutrition (HFS–820), Food and
                                                                                                          Submissions,’’ publicly viewable at
                                                  submission@omb.eop.gov. All                                                                                   Drug Administration, 5100 Paint Branch
                                                                                                          http://www.regulations.gov or at the
                                                  comments should be identified with the                                                                        Pkwy., College Park, MD 20740, 240–
                                                                                                          Division of Dockets Management
                                                  OMB control number 0910–New and                                                                               402–2371. Regarding animal food
                                                                                                          between 9 a.m. and 4 p.m., Monday
                                                  title ‘‘Voluntary Labeling Indicating                   through Friday.                                       issues: Kathleen Jones, Center for
                                                  Whether Foods Have or Have Not Been                        • Confidential Submissions—To                      Veterinary Medicine (HFV–220), Food
                                                  Derived from Genetically Engineered                     submit a comment with confidential                    and Drug Administration, 7519 Standish
                                                  Plants.’’ Also include the FDA docket                   information that you do not wish to be                Pl., Rockville, MD 20855, 240–402–
                                                  number found in brackets in the                         made publicly available, submit your                  7077. Regarding the information
                                                  heading of this document.                               comments only as a written/paper                      collection: FDA PRA Staff, Office of
                                                     You may submit comments as                           submission. You should submit two                     Operations, Food and Drug
                                                  follows:                                                copies total. One copy will include the               Administration, 8455 Colesville Rd.,
                                                                                                          information you claim to be confidential              COLE–14526, Silver Spring, MD 20993–
                                                  Electronic Submissions                                                                                        0002, PRAStaff@fda.hhs.gov.
                                                                                                          with a heading or cover note that states
                                                    Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                              SUPPLEMENTARY INFORMATION:
                                                  following way:                                          CONFIDENTIAL INFORMATION.’’ The                       I. Background
                                                    • Federal eRulemaking Portal: http://                 Agency will review this copy, including
                                                  www.regulations.gov. Follow the                         the claimed confidential information, in                 Section 403 of the Federal Food, Drug,
                                                  instructions for submitting comments.                   its consideration of comments. The                    and Cosmetic Act (the FD&C Act) (21
                                                  Comments submitted electronically,                      second copy, which will have the                      U.S.C. 343) generally governs the
                                                  including attachments, to http://                       claimed confidential information                      labeling of foods. Under section
                                                  www.regulations.gov will be posted to                   redacted/blacked out, will be available               403(a)(1) of the FD&C Act, a food is
                                                  the docket unchanged. Because your                      for public viewing and posted on                      misbranded if its labeling is false or
                                                  comment will be made public, you are                    http://www.regulations.gov. Submit                    misleading in any particular.
                                                  solely responsible for ensuring that your               both copies to the Division of Dockets                   Section 201(n) of the FD&C Act (21
                                                  comment does not include any                            Management. If you do not wish your                   U.S.C. 321(n)) provides that labeling is
                                                  confidential information that you or a                  name and contact information to be                    misleading if, among other things, it
                                                  third party may not wish to be posted,                  made publicly available, you can                      fails to reveal facts that are material in
                                                  such as medical information, your or                    provide this information on the cover                 light of representations made or
                                                  anyone else’s Social Security number, or                sheet and not in the body of your                     suggested in the labeling, or material
                                                  confidential business information, such                 comments and you must identify this                   with respect to consequences that may
                                                  as a manufacturing process. Please note                 information as ‘‘confidential.’’ Any                  result from the use of the food to which
                                                  that if you include your name, contact                  information marked as ‘‘confidential’’                the labeling relates under the conditions
                                                  information, or other information that                  will not be disclosed except in                       of use prescribed in the labeling, or
                                                  identifies you in the body of your                      accordance with 21 CFR 10.20 and other                under such conditions of use as are
                                                  comments, that information will be                      applicable disclosure law. For more                   customary or usual.
                                                  posted on http://www.regulations.gov.                   information about FDA’s posting of                       In the Federal Register of May 29,
                                                    • If you want to submit a comment                     comments to public dockets, see 80 FR                 1992 (57 FR 22984), we published a
                                                  with confidential information that you                  56469, September 18, 2015, or access                  ‘‘Statement of Policy: Foods Derived
                                                  do not wish to be made available to the                 the information at: http://www.fda.gov/               from New Plant Varieties’’ (1992
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                                                  public, submit the comment as a                         regulatoryinformation/dockets/                        Policy). The 1992 Policy applies to
                                                  written/paper submission and in the                     default.htm.                                          foods for humans and animals that are
                                                  manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to                developed from new plant varieties,
                                                  Submissions’’ and ‘‘Instructions’’).                    read background documents or the                      including varieties that are developed
                                                                                                          electronic and written/paper comments                 using recombinant deoxyribonucleic
                                                  Written/Paper Submissions                               received, go to http://                               acid (rDNA) technology. This
                                                    Submit written/paper submissions as                   www.regulations.gov and insert the                    technology has long been referred to as
                                                  follows:                                                docket number, found in brackets in the               ‘‘rDNA technology,’’ ‘‘genetic


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                                                  73196                      Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

                                                  engineering,’’ or ‘‘bioengineering,’’ and               PRA) (44 U.S.C. 3501–3520). Under the                 (human or animal) as being made with
                                                  more recently, as ‘‘modern                              PRA, Federal Agencies must obtain                     or without genetic engineering or the
                                                  biotechnology.’’                                        approval from OMB for each collection                 use of genetically engineered
                                                     In the 1992 Policy, we addressed,                    of information they conduct or sponsor.               ingredients, to ensure that such labeling
                                                  among other things, the labeling of                     ‘‘Collection of information’’ is defined              is truthful and not misleading. The
                                                  foods derived from new plant varieties,                 in 44 U.S.C. 3502(3) and 5 CFR 1320.3                 information that the manufacturers will
                                                  including plants developed by                           and includes Agency requests or                       collect is documentation of handling
                                                  bioengineering. In the 1992 Policy, we                  requirements that members of the public               practices so that they can truthfully
                                                  explained that we were not establishing                 submit reports, keep records, or provide              label their products to indicate, if they
                                                  special labeling requirements for foods                 information to a third party. Section                 so choose, whether the food has or has
                                                  from bioengineered plants as a class of                 3506(c)(2)(A) of the PRA (44 U.S.C.                   not been developed using genetic
                                                  foods because we did not find any basis                 3506(c)(2)(A)) requires Federal Agencies              engineering.
                                                  for concluding that foods from                          to provide a 60-day notice in the                        In general, we anticipate that
                                                  bioengineered plants, as a class, differ                Federal Register concerning each                      manufacturers claiming that a product is
                                                  from other foods in any meaningful or                   proposed collection of information                    not developed using genetically
                                                  uniform way, or that foods developed by                 before submitting the collection to OMB               engineered material would substantiate
                                                  the new techniques present any                          for approval. To comply with this                     the claim. We suggest that
                                                  different or greater safety concern than                requirement, in the Federal Register of               manufacturers document practices and
                                                  foods developed by traditional plant                    January 18, 2001, we gave interested                  procedures to substantiate a claim that
                                                  breeding.                                               persons 60 days to comment on the                     a food was not developed using genetic
                                                     In the Federal Register of January 18,               information collection provisions in the              engineering. Examples of
                                                  2001 (66 FR 4839), we announced the                     draft guidance (66 FR 4839 at 4840).                  documentation that we anticipate will
                                                  availability of a draft guidance for                       After publishing the 60-day notice                 demonstrate practices and procedures
                                                  industry entitled ‘‘Voluntary Labeling                  requesting public comment, section                    are recordkeeping, and certifications or
                                                  Indicating Whether Foods Have or Have                   3507 of the PRA (44 U.S.C. 3507)                      affidavits from farmers, processors, and
                                                  Not Been Developed Using                                requires Federal Agencies to submit the               others in the food production and
                                                  Bioengineering.’’ We received more than                 proposed collection to OMB for review                 distribution chain. We are neither
                                                  155,000 comments on the draft                           and clearance. In compliance with 44                  suggesting that firms maintain a certain
                                                  guidance. Most comments were                            U.S.C. 3507, we have submitted the                    set list of documents nor are we
                                                  submitted by consumers. Other                           following proposed collection of                      suggesting that anything less or different
                                                  comments represented the views of                       information to OMB for review and                     would likely be considered
                                                  advocacy groups, trade organizations,                   clearance. FDA is issuing this final                  unacceptable. Rather, we are leaving it
                                                  organic grocers/food co-ops, private                    guidance subject to OMB approval of                   to each firm’s judgment to maintain
                                                  sector business, farming/farm bureaus,                  the collection of information. If the                 appropriate documentation to
                                                  food manufacturers, crop developers,                    collection is approved, FDA will                      demonstrate that the food was produced
                                                  local governments, and academic                         publish a notice in the Federal Register              using traditional methods.
                                                  researchers. We have considered the                     concerning OMB approval and
                                                  comments and revised the guidance as                                                                             Description of Respondents: The
                                                                                                          providing an OMB control number.                      respondents to the proposed collection
                                                  appropriate. We understand that
                                                  consumers may want information about                    Voluntary Labeling Indicating Whether                 of information are manufacturers of
                                                  whether or not a food is developed                      Foods Have or Have Not Been Derived                   foods that were or were not derived
                                                  through genetic engineering. Thus, we                   From Genetically Engineered Plants                    from genetically engineered plants who
                                                  are providing guidance on voluntary                                                                           wish to voluntarily label their food
                                                                                                          OMB Control Number 0910–New                           products.
                                                  labeling that will help manufacturers
                                                  that would like to provide consumers                      As noted, in the Federal Register of                   As noted, in the Federal Register of
                                                  with additional information about the                   January 18, 2001, we announced the                    January 18, 2001, we published a 60-day
                                                  foods they consume.                                     availability of the draft guidance                    notice requesting public comment on
                                                     We are issuing this guidance                         document and requested public                         the proposed collection of information.
                                                  consistent with our good guidance                       comment on the information collection                 We received more than 155,000
                                                  practices regulation (21 CFR 10.115).                   provisions. Subsequently, we published                comments, each containing one or more
                                                  The guidance represents the current                     a document in the Federal Register of                 issues. The following is a discussion of
                                                  thinking of FDA on this topic. It does                  October 31, 2003 (68 FR 62086),                       the comments we received on the
                                                  not establish any rights for any person                 informing interested parties that the                 information collection and our response
                                                  and is not binding on FDA or the public.                proposed collection of information had                to those comments.
                                                  You can use an alternative approach if                  been submitted to the OMB for review                     (Comment 1) Most comments agreed
                                                  it satisfies the requirements of the                    and clearance under the PRA. However,                 that labeling food products as
                                                  applicable statutes and regulations. In                 we determined that the request for                    genetically engineered or non-
                                                  addition, this guidance does not                        comments was issued prematurely.                      genetically engineered would result in
                                                  preempt State food labeling                             Thus, we withdrew the notice on                       costs due to segregation, testing, or
                                                  requirements that are consistent with                   November 21, 2003 (68 FR 65717). We                   third-party validation, in addition to
                                                  the Federal requirements described in                   are now reissuing the request for                     label changes. However, some
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                                                  the guidance and that are not otherwise                 comments and submitting the proposed                  comments said the producers that
                                                  expressly preempted by the FD&C Act.                    collection of information to OMB.                     choose to label their products as non-
                                                                                                            The guidance entitled ‘‘Voluntary                   genetically engineered and the
                                                  II. Paperwork Reduction Act of 1995                     Labeling Indicating Whether Foods                     consumers that choose to purchase
                                                     This final guidance contains                         Have or Have Not Been Derived from                    these products should incur these costs.
                                                  information collection provisions that                  Genetically Engineered Plants’’ is                    Other comments said that these costs
                                                  are subject to review by OMB under the                  intended to assist manufacturers that                 should be borne by the growers,
                                                  Paperwork Reduction Act of 1995 (the                    wish to voluntarily label their foods                 manufacturers, processors, and


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                                                                              Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices                                             73197

                                                  marketers of genetically engineered                        Register notice. The comment did not                  of foods that are labeled as not
                                                  foods.                                                     offer any evidence to substantiate this               genetically engineered.
                                                    (Response) We disagree that it would                     claim or give an estimate of how many                   (Comment 3) Numerous comments
                                                  be necessary to incur costs due to                         small firms will choose to make a non-                pointed out that mandatory labeling
                                                  segregation, testing, or third-party                       genetically engineered claim. We based                would have high costs for additional
                                                  validation to substantiate a claim that a                  our estimate of the number of firms that              activities such as segregation, testing,
                                                  food was not developed using genetic                       would label their products with a                     labeling, quality control, and
                                                  engineering. We also note that the                         genetically engineered claim on the                   certification. One comment estimated
                                                  question of who should bear the                                                                                  that these costs could be as high as 6 to
                                                                                                             number of products making an organic
                                                  paperwork burden is not within the                                                                               17 percent of the farmgate price.
                                                                                                             claim and the number of products that
                                                  scope of the guidance.
                                                    (Comment 2) One comment stated                           were not currently making an organic                    (Response) The paperwork reduction
                                                  that we underestimated the number of                       claim on their label, but were making a               analysis only estimates the paperwork
                                                  small firms that will choose to label                      statement about genetic engineering on                burden associated with voluntary
                                                  their product as not genetically                           their Web site, through a press release,              labeling. The estimates related to
                                                  engineered, but will not attempt to make                   or other venue when the 2001 60-day                   mandatory labeling are outside the
                                                  an organic claim.                                          notice was published. We have,                        scope of the guidance, and we have not
                                                    (Response) We disagree that we                           however, updated in this notice the                   included them in the analysis.
                                                  underestimated the number of                               estimated number of recordkeepers to                    FDA estimates the burden of this
                                                  respondents in the 2001 60-day Federal                     reflect new information on the number                 collection of information as follows:

                                                                                                TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                Number of                           Average
                                                                                                                            Number of                           Total annual
                                                                                Activity                                                       records per                         burden per    Total hours
                                                                                                                          recordkeepers                           records
                                                                                                                                              recordkeeper                       recordkeeping

                                                  Recordkeeping per the Guidance ......................................         85                    4             340               1             340
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    We have updated the number of                            example. Using this database, we have                 product or ingredient was not
                                                  recordkeepers and respondents to reflect                   identified 540 food manufacturers who                 genetically engineered.
                                                  new information on the number of food                      produce 2,160 products with the term                     We estimate that the burden of
                                                  products that are labeled using the                        ‘‘bioengineered’’ or ‘‘GMO’’ on their                 maintaining the documentation is a one-
                                                  terms ‘‘biotechnology’’ and ‘‘GMO’’                        labels; this estimate includes                        time burden; the document to
                                                  (genetically modified organism) since                      manufacturers of human food and pet                   substantiate that the product or
                                                  the 2001 issuance of the 60-day notice                     food. In addition, the National Center                ingredient was produced without
                                                  and draft guidance. We estimate a                          for Appropriate Technology’s National                 genetic engineering only needs to be
                                                  recordkeeping burden, to retain                            Sustainable Agriculture Information
                                                                                                                                                                   generated once and then kept on file. To
                                                  paperwork to substantiate that the food                    Center maintains on its Web site a list
                                                                                                                                                                   annualize this one-time burden, we
                                                  or ingredient is produced without                          of Organic Livestock Feed Suppliers.
                                                                                                                                                                   divide by 3 because paperwork burden
                                                  genetic engineering, only for products                     Using this list, we have identified 54
                                                                                                                                                                   collections are approved on a 3-year
                                                  that are not also already labeled using                    livestock feed suppliers that would be
                                                                                                                                                                   cycle (255/3 = 85). Thus, we estimate in
                                                  the term ‘‘organic.’’ We did not include                   likely to include a statement about
                                                  products that are labeled ‘‘organic’’ in                   bioengineering on the label of their                  table 1 that, on average, 85
                                                  the estimated annual recordkeeping                         products and thus would have                          manufacturers annually will collect and
                                                  burden because, according to a final rule                  documentation to substantiate their                   keep information that substantiates their
                                                  in the Federal Register of December 21,                    claim.                                                label claim for four products (1,020
                                                  2000 (65 FR 80548), issued by the                                                                                products/3 = 340 products/85
                                                                                                                Of the 2,160 human food and pet food               manufacturers = 4 products per
                                                  Agriculture Marketing Service of the                       products that we have identified as
                                                  U.S. Department of Agriculture, a food                                                                           manufacturer).
                                                                                                             using the term ‘‘bioengineered’’ or
                                                  labeled as ‘‘organic’’ would not be                        ‘‘GMO’’ on their labels (presumably                      We estimate this one-time
                                                  permitted to contain genetically                           used in a context to designate foods that             recordkeeping burden to be 1 hour per
                                                  engineered materials. Thus, there is no                    are not bioengineered), 1,140 of these                product that makes use of a labeling
                                                  additional paperwork burden to                             products (285 manufacturers) also use                 claim which results in a burden of 1
                                                  substantiate a claim that a product is not                 the term ‘‘organic’’ on the label; 1,020              hour for a total annualized
                                                  developed using genetic engineering for                    products do not use the term ‘‘organic’’              recordkeeping burden of 340 hours (85
                                                  these certified organic products.                          on the label (2,160 ¥ 1,140 = 1,020                   manufacturers × 4 records per
                                                    We based our revised estimates of the                    products not organics; 540¥285 = 255                  manufacturer × 1 hour per record). In
                                                  recordkeeping burden (table 1 of this                      manufacturers of not organic products).               the 2001 notice, we estimated $53,040
                                                                                                                                                                   as ‘‘operating and maintenance costs’’
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                                                  document) on data from Labelbase by                        In addition, the 54 livestock feed
                                                  FoodEssentials. Labelbase is a custom                      suppliers are also organic producers,                 associated with this recordkeeping
                                                  online system for accessing a consumer                     thus the 216 products attributed to these             burden. These costs were reported in
                                                  packaged goods product data; the                           manufacturers already are considered to               error and have been removed from table
                                                  database contains more than 250,000                        be labeled ‘‘organic.’’ Thus, there are               1. We estimate no capital costs or
                                                  product labels that can be searched by                     1,020 products made by 255 human                      operating and maintenance costs
                                                  keyword, ingredient, nutrient, allergen,                   food and pet food manufacturers that                  associated with this recordkeeping
                                                  label claim, or food additive, for                         would need to substantiate that their                 burden.


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                                                  73198                      Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

                                                    We do not estimate any reporting                      (Catalogue of Federal Domestic Assistance             DEPARTMENT OF HOMELAND
                                                  burden or third party disclosure burden                 Program Nos. 93.855, Allergy, Immunology,             SECURITY
                                                  associated with this information                        and Transplantation Research; 93.856,
                                                  collection. Manufacturers who want to                   Microbiology and Infectious Diseases                  Coast Guard
                                                                                                          Research, National Institutes of Health, HHS)
                                                  make use of this voluntary labeling                                                                           [USCG–2015–1005]
                                                  claim option are considered to be those                   Dated: November 18, 2015.
                                                  that already have such wording on their                 Natasha M. Copeland,                                  Merchant Mariner Medical Advisory
                                                  products’ labels. We do not expect that                 Program Analyst, Office of Federal Advisory           Committee; Vacancies
                                                  this guidance will cause labels already                 Committee Policy.
                                                  in the marketplace to need to be re-                    [FR Doc. 2015–29854 Filed 11–23–15; 8:45 am]          AGENCY:    Coast Guard, DHS.
                                                  worded.                                                 BILLING CODE 4140–01–P                                ACTION:   Request for applications.
                                                  III. Electronic Access                                                                                        SUMMARY:    The Coast Guard seeks
                                                     Persons with access to the Internet                  DEPARTMENT OF HEALTH AND                              applications for membership on the
                                                  may obtain the guidance at http://www.                  HUMAN SERVICES                                        Merchant Mariner Medical Advisory
                                                  fda.gov/FoodGuidances or http://                                                                              Committee. The Merchant Mariner
                                                  www.regulations.gov. Use the FDA Web                    National Institutes of Health                         Medical Advisory Committee provides
                                                  site listed in the previous sentence to                                                                       advice and recommendations to the
                                                  find the most current version of the                    Center for Scientific Review; Notice of               Secretary on matters related to medical
                                                  guidance.                                               Closed Meeting                                        certification determinations for issuance
                                                    Dated: November 19, 2015.                                                                                   of licenses, certificates of registry, and
                                                                                                            Pursuant to section 10(d) of the                    merchant mariners’ documents; medical
                                                  Leslie Kux,                                             Federal Advisory Committee Act, as                    standards and guidelines for the
                                                  Associate Commissioner for Policy.                      amended (5 U.S.C. App.), notice is                    physical qualifications of operators of
                                                  [FR Doc. 2015–29903 Filed 11–23–15; 8:45 am]            hereby given of the following meeting.                commercial vessels; medical examiner
                                                  BILLING CODE 4164–01–P                                    The meeting will be closed to the                   education; and medical research.
                                                                                                          public in accordance with the                         Applicants selected for service on the
                                                                                                          provisions set forth in sections                      Merchant Mariner Medical Advisory
                                                  DEPARTMENT OF HEALTH AND                                552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,            Committee via this solicitation will not
                                                  HUMAN SERVICES                                          as amended. The grant applications and                begin their respective term until August
                                                  National Institutes of Health                           the discussions could disclose                        8, 2016.
                                                                                                          confidential trade secrets or commercial              DATES: Completed applications should
                                                  National Institute of Allergy and                       property such as patentable material,                 reach the Coast Guard on or before
                                                  Infectious Diseases; Notice of Closed                   and personal information concerning                   January 25, 2016.
                                                  Meeting                                                 individuals associated with the grant
                                                                                                                                                                ADDRESSES: Applicants should send a
                                                                                                          applications, the disclosure of which
                                                    Pursuant to section 10(d) of the                                                                            cover letter expressing interest in an
                                                                                                          would constitute a clearly unwarranted
                                                  Federal Advisory Committee Act, as                                                                            appointment to the Merchant Mariner
                                                                                                          invasion of personal privacy.
                                                  amended (5 U.S.C. App.), notice is                                                                            Medical Advisory Committee that also
                                                  hereby given of the following meeting.                    Name of Committee: Center for Scientific            identifies which membership category
                                                                                                          Review Special Emphasis Panel;                        the applicant is applying under, along
                                                    The meeting will be closed to the
                                                                                                          Fellowships: Physiology and Pathobiology of
                                                  public in accordance with the                                                                                 with a resume detailing the applicant’s
                                                                                                          Cardiovascular and Respiratory Systems.
                                                  provisions set forth in sections                          Date: November 23–24, 2015.                         experience via one of the following
                                                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                Time: 8:00 a.m. to 3:30 p.m.                        methods:
                                                  as amended. The contract proposals and                    Agenda: To review and evaluate grant                   • By Email: ashley.e.holm@uscg.mil.
                                                  the discussions could disclose                          applications.                                            • By Fax: 202–372–4908.
                                                  confidential trade secrets or commercial                  Place: The St. Regis Washington, DC, 923               • By Mail: Lieutenant Ashley Holm,
                                                  property such as patentable material,                   16th St.NW., Washington, DC 20006.                    Alternate Designated Federal Officer of
                                                  and personal information concerning                       Contact Person: Abdelouahab Aitouche,               the Merchant Mariner Medical Advisory
                                                  individuals associated with the contract                Ph.D., Scientific Review Officer, Center for          Committee, Commandant, Mariner
                                                                                                          Scientific Review, National Institutes of             Credentialing Program Policy Division
                                                  proposals, the disclosure of which                      Health, 6701 Rockledge Drive, Room 4222,
                                                  would constitute a clearly unwarranted                                                                        (CG–CVC–4), U.S. Coast Guard, 2703
                                                                                                          MSC 7812, Bethesda, MD 20892, 301–435–
                                                  invasion of personal privacy.                           2365, aitouchea@csr.nih.gov.                          Martin Luther King Jr. Ave. SE., Stop
                                                    Name of Committee: National Institute of
                                                                                                                                                                7501 Washington, DC 20593–7501.
                                                                                                            This notice is being published less than 15
                                                  Allergy and Infectious Diseases Special                 days prior to the meeting due to the timing           FOR FURTHER INFORMATION CONTACT:
                                                  Emphasis Panel, NIAID Investigator Initiated            limitations imposed by the review and                 Lieutenant Ashley Holm, Alternate
                                                  Program Project Applications (P01).                     funding cycle.                                        Designated Federal Officer of the
                                                    Date: December 17, 2015.                              (Catalogue of Federal Domestic Assistance             Merchant Mariner Medical Advisory
                                                    Time: 12:00 p.m. to 4:00 p.m.                         Program Nos. 93.306, Comparative Medicine;            Committee, Commandant, Mariner
                                                    Agenda: To review and evaluate grant                  93.333, Clinical Research, 93.306, 93.333,
                                                  applications.                                                                                                 Credentialing Program Policy Division
                                                                                                          93.337, 93.393–93.396, 93.837–93.844,                 (CG–CVC–4), U.S. Coast Guard, 2703
                                                    Place: National Institutes of Health, Room
                                                                                                          93.846–93.878, 93.892, 93.893, National               Martin Luther King Jr. Ave. SE., Stop
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                                                  4H200 A/B, 5601 Fishers Lane, Rockville,
                                                                                                          Institutes of Health, HHS)
                                                  MD 20892, (Telephone Conference Call).                                                                        7501 Washington, DC 20593–7501,
                                                    Contact Person: Kelly Y. Poe, Ph.D.,                    Dated: November 18, 2015.                           ashley.e.holm@uscg.mil, phone: 202–
                                                  Scientific Review Officer, Scientific Review            David Clary,                                          372–1128, fax: 202–372–4908.
                                                  Program, Division of Extramural Activities,
                                                                                                          Program Analyst, Office of Federal Advisory           SUPPLEMENTARY INFORMATION: The
                                                  Room 3F40B, National Institutes of Health,
                                                                                                          Committee Policy.                                     Merchant Mariner Medical Advisory
                                                  NIAID, 5601 Fishers Lane, MSC 9823,
                                                  Bethesda, MD 20892–9823, (240) 669–5036,                [FR Doc. 2015–29853 Filed 11–23–15; 8:45 am]          Committee was established under
                                                  poeky@mail.nih.gov.                                     BILLING CODE 4140–01–P                                Section 210 of the Coast Guard


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Document Created: 2015-12-14 14:09:16
Document Modified: 2015-12-14 14:09:16
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 of availability.
DatesSubmit either electronic or written comments on the guidance at any time. Fax written comments on the collection of information by December 24, 2015.
ContactRegarding human food issues: Andrea Krause, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2371. Regarding animal food issues: Kathleen Jones, Center for Veterinary Medicine (HFV-220), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-7077. Regarding the information collection: FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 73194 

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