81_FR_3728 81 FR 3714 - Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; Technical Amendment

81 FR 3714 - Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; Technical Amendment

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

Page Range3714-3716
FR Document2016-01091

The Food and Drug Administration (FDA or we) is amending a final rule that published in the Federal Register of September 17, 2015. That final rule amended our regulation for current good manufacturing practice in manufacturing, packing, or holding human food to modernize it, and to add requirements for domestic and foreign facilities that are required to register under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish and implement hazard analysis and risk-based preventive controls for human food. That final rule also revised certain definitions in our current regulation for registration of food facilities to clarify the scope of the exemption from registration requirements provided by the FD&C Act for ``farms.'' The final rule published with some editorial and inadvertent errors. This document corrects those errors.

Federal Register, Volume 81 Issue 14 (Friday, January 22, 2016)
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Rules and Regulations]
[Pages 3714-3716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01091]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1 and 117

[Docket No. FDA-2011-N-0920]
RIN 0910-AG36


Current Good Manufacturing Practice, Hazard Analysis, and Risk-
Based Preventive Controls for Human Food; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA or we) is amending a 
final rule that published in the Federal Register of September 17, 
2015. That final rule amended our regulation for current good 
manufacturing practice in manufacturing, packing, or holding human food 
to modernize it, and to add requirements for domestic and foreign 
facilities that are required to register under the Federal Food, Drug, 
and Cosmetic Act (the FD&C Act) to establish and implement hazard 
analysis and risk-based preventive controls for human food. That final 
rule also revised certain definitions in our current regulation for 
registration of food facilities to clarify the scope of the exemption 
from registration requirements provided by the FD&C Act for ``farms.'' 
The final rule published with some editorial and inadvertent errors. 
This document corrects those errors.

DATES: Effective January 22, 2016.

FOR FURTHER INFORMATION CONTACT: Jenny Scott, Center for Food Safety 
and Applied Nutrition (HFS-300), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 240-402-2166.

SUPPLEMENTARY INFORMATION: In the Federal Register of Thursday, 
September 17, 2015 (80 FR 55908), FDA published the final rule 
``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based 
Preventive Controls for Human Food'' with some editorial and 
inadvertent errors. This

[[Page 3715]]

action is being taken to correct inadvertent errors by making the 
following correcting amendments.

List of Subjects

21 CFR Part 1

    Cosmetics, Drugs, Exports, Food labeling, Imports, Labeling, 
Reporting and recordkeeping requirements.

21 CFR Part 117

    Food packaging, Foods.

PART 1--GENERAL ENFORCEMENT REGULATIONS

0
1. The authority citation for 21 CFR part 1 continues to read as 
follows:

    Authority: 15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C. 
1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 343, 350c, 
350d, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2, 362, 371, 374, 
381, 382, 387, 387a, 387c, 393; 42 U.S.C. 216, 241, 243, 262, 264.


0
2. Amend Sec.  1.227 to revise the definitions of ``harvesting'' and 
``packing'' to read as follows:


Sec.  1.227  What definitions apply to this subpart?

* * * * *
    Harvesting applies to farms and farm mixed-type facilities and 
means activities that are traditionally performed on farms for the 
purpose of removing raw agricultural commodities from the place they 
were grown or raised and preparing them for use as food. Harvesting is 
limited to activities performed on raw agricultural commodities, or on 
processed foods created by drying/dehydrating a raw agricultural 
commodity without additional manufacturing/processing, on a farm. 
Harvesting does not include activities that transform a raw 
agricultural commodity into a processed food as defined in section 
201(gg) of the Federal Food, Drug, and Cosmetic Act. Examples of 
harvesting include cutting (or otherwise separating) the edible portion 
of the raw agricultural commodity from the crop plant and removing or 
trimming part of the raw agricultural commodity (e.g., foliage, husks, 
roots or stems). Examples of harvesting also include cooling, field 
coring, filtering, gathering, hulling, shelling, sifting, threshing, 
trimming of outer leaves of, and washing raw agricultural commodities 
grown on a farm.
* * * * *
    Packing means placing food into a container other than packaging 
the food and also includes re-packing and activities performed 
incidental to packing or re-packing a food (e.g., activities performed 
for the safe or effective packing or re-packing of that food (such as 
sorting, culling, grading, and weighing or conveying incidental to 
packing or re-packing)), but does not include activities that transform 
a raw agricultural commodity, as defined in section 201(r) of the 
Federal Food, Drug, and Cosmetic Act, into a processed food as defined 
in section 201(gg) of the Federal Food, Drug, and Cosmetic Act.
* * * * *

0
3. Amend Sec.  1.328 to revise the definition of ``harvesting'' to read 
as follows:


Sec.  1.328  What definitions apply to this subpart?

* * * * *
    Harvesting applies to farms and farm mixed-type facilities and 
means activities that are traditionally performed on farms for the 
purpose of removing raw agricultural commodities from the place they 
were grown or raised and preparing them for use as food. Harvesting is 
limited to activities performed on raw agricultural commodities, or on 
processed foods created by drying/dehydrating a raw agricultural 
commodity without additional manufacturing/processing, on a farm. 
Harvesting does not include activities that transform a raw 
agricultural commodity into a processed food as defined in section 
201(gg) of the Federal Food, Drug, and Cosmetic Act. Examples of 
harvesting include cutting (or otherwise separating) the edible portion 
of the raw agricultural commodity from the crop plant and removing or 
trimming part of the raw agricultural commodity (e.g., foliage, husks, 
roots, or stems). Examples of harvesting also include cooling, field 
coring, filtering, gathering, hulling, shelling, sifting, threshing, 
trimming of outer leaves of, and washing raw agricultural commodities 
grown on a farm.
* * * * *

PART 117--CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND 
RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD

0
4. The authority citation for 21 CFR part 117 continues to read as 
follows:

    Authority: 21 U.S.C. 331, 342, 343, 350d note, 350g, 350g note, 
371, 374; 42 U.S.C. 243, 264, 271.


0
5. In Sec.  117.1, revise paragraph (b) to read as follows:


Sec.  117.1  Applicability and status.

* * * * *
    (b) The operation of a facility that manufactures, processes, 
packs, or holds food for sale in the United States if the owner, 
operator, or agent in charge of such facility is required to comply 
with, and is not in compliance with, section 418 of the Federal Food, 
Drug, and Cosmetic Act or subpart C, D, E, F, or G of this part is a 
prohibited act under section 301(uu) of the Federal Food, Drug, and 
Cosmetic Act.
* * * * *
0
6. Amend Sec.  117.3 to:
0
a. Revise the definitions of ``audit'', ``harvesting'', and 
``packing'';
0
b. Revise the introductory text of paragraph (1) of the definition of 
``qualified end-user''; and
0
c. Revise the definition of ``small business''.
    The revisions read as follows:


Sec.  117.3  Definitions.

* * * * *
    Audit means the systematic, independent, and documented examination 
(through observation, investigation, records review, discussions with 
employees of the audited entity, and, as appropriate, sampling and 
laboratory analysis) to assess an audited entity's food safety 
processes and procedures.
* * * * *
    Harvesting applies to farms and farm mixed-type facilities and 
means activities that are traditionally performed on farms for the 
purpose of removing raw agricultural commodities from the place they 
were grown or raised and preparing them for use as food. Harvesting is 
limited to activities performed on raw agricultural commodities, or on 
processed foods created by drying/dehydrating a raw agricultural 
commodity without additional manufacturing/processing, on a farm. 
Harvesting does not include activities that transform a raw 
agricultural commodity into a processed food as defined in section 
201(gg) of the Federal Food, Drug, and Cosmetic Act. Examples of 
harvesting include cutting (or otherwise separating) the edible portion 
of the raw agricultural commodity from the crop plant and removing or 
trimming part of the raw agricultural commodity (e.g., foliage, husks, 
roots or stems). Examples of harvesting also include cooling, field 
coring, filtering, gathering, hulling, shelling, sifting, threshing, 
trimming of outer leaves of, and washing raw agricultural commodities 
grown on a farm.
* * * * *
    Packing means placing food into a container other than packaging 
the food

[[Page 3716]]

and also includes re-packing and activities performed incidental to 
packing or re-packing a food (e.g., activities performed for the safe 
or effective packing or re-packing of that food (such as sorting, 
culling, grading, and weighing or conveying incidental to packing or 
re-packing)), but does not include activities that transform a raw 
agricultural commodity into a processed food as defined in section 
201(gg) of the Federal Food, Drug, and Cosmetic Act.
* * * * *
    Qualified end-user * * *
    (1) Is located:
* * * * *
    Small business means, for purposes of this part, a business 
(including any subsidiaries and affiliates) employing fewer than 500 
full-time equivalent employees.
* * * * *

0
7. In Sec.  117.5, revise the first sentence of paragraph (a), and 
revise paragraph (h)(3)(v) to read as follows:


Sec.  117.5  Exemptions.

    (a) Except as provided by subpart E of this part, subparts C and G 
of this part do not apply to a qualified facility. * * *
* * * * *
    (h) * * *
    (3) * * *
    (v) Extracting (including by pressing, by distilling, and by 
solvent extraction) dried/dehydrated herb and spice products (e.g., 
dried mint), fresh herbs (e.g., fresh mint), fruits and vegetables 
(e.g., olives, avocados), grains (e.g., oilseeds), and other herb and 
spice products (e.g., chopped fresh mint, chopped dried mint);
* * * * *

0
8. In Sec.  117.136, revise paragraphs (a)(2) introductory text, 
(a)(5), and (b)(5) to read as follows:


Sec.  117.136  Circumstances in which the owner, operator, or agent in 
charge of a manufacturing/processing facility is not required to 
implement a preventive control.

    (a) * * *
    (2) You rely on your customer who is subject to the requirements 
for hazard analysis and risk-based preventive controls in this subpart 
to ensure that the identified hazard will be significantly minimized or 
prevented and you:
* * * * *
    (5) You have established, documented, and implemented a system that 
ensures control, at a subsequent distribution step, of the hazards in 
the food you distribute and you document the implementation of that 
system.
    (b) * * *
    (5) Your system, in accordance with paragraph (a)(5) of this 
section, that ensures control, at a subsequent distribution step, of 
the hazards in the food you distribute.

0
9. In Sec.  117.145, revise paragraph (a) to read as follows:


Sec.  117.145  Monitoring.

* * * * *
    (a) Written procedures. You must establish and implement written 
procedures, including the frequency with which they are to be 
performed, for monitoring the preventive control; and
* * * * *

0
10. In Sec.  117.201, revise paragraphs (b)(2)(i)(B) and (b)(2)(ii) to 
read as follows:


Sec.  117.201  Modified requirements that apply to a qualified 
facility.

* * * * *
    (b) * * *
    (2) * * *
    (i) * * *
    (B) Write to the U.S. Food and Drug Administration (HFS-681), 5100 
Paint Branch Pkwy., College Park, MD 20740; or
* * * * *
    (ii) Send a paper Form FDA 3942a to the U.S. Food and Drug 
Administration (HFS-681), 5100 Paint Branch Pkwy., College Park, MD 
20740. We recommend that you submit a paper copy only if your facility 
does not have reasonable access to the Internet.
* * * * *

0
11. In Sec.  117.257, revise paragraph (e) to read as follows:


Sec.  117.257  Contents of an order to withdraw a qualified facility 
exemption.

* * * * *
    (e) A statement that a facility may request that FDA reinstate an 
exemption that was withdrawn by following the procedures in Sec.  
117.287;
* * * * *

0
12. In Sec.  117.264, revise paragraph (a)(1) to read as follows:


Sec.  117.264  Procedure for submitting an appeal.

    (a) * * *
    (1) Submit the appeal in writing to the FDA District Director in 
whose district the facility is located (or, in the case of a foreign 
facility, the Director of the Office of Compliance in the Center for 
Food Safety and Applied Nutrition), at the mailing address, email 
address, or facsimile number identified in the order within 15 calendar 
days of the date of receipt of confirmation of the order; and
* * * * *

    Dated: January 14, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01091 Filed 1-21-16; 8:45 am]
BILLING CODE 4164-01-P



                                                3714                 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations

                                                  (2) In the case of historic preservation                reasonable accommodations in policies,                 restrict, or authorize the conducting of
                                                programs, require the Agency to take                      practices, or procedures or the provision              testing for the illegal use of drugs.
                                                any action that would threaten or                         of auxiliary aids or services will                     Cheryl E. Parker,
                                                destroy the historic significance of                      mitigate the risk.
                                                                                                                                                                 NASA Federal Register Liaison Officer.
                                                historic properties.
                                                                                                          ■ 25. Add § 1251.581 to subpart 1251.5                 [FR Doc. 2016–00610 Filed 1–21–16; 8:45 am]
                                                *     *     *     *     *                                 to read as follows:                                    BILLING CODE 7510–13–P
                                                ■ 22. Revise § 1251.551 to read as
                                                follows:                                                  § 1251.581    Reasonable accommodation.

                                                § 1251.551 Program accessibility: New                       The Agency shall make reasonable                     DEPARTMENT OF HEALTH AND
                                                construction and alterations.                             accommodations in policies, practices,                 HUMAN SERVICES
                                                   Each building or part of a building                    or procedures when such
                                                that is constructed or altered by, on                     accommodations are necessary to avoid                  Food and Drug Administration
                                                behalf of, or for the use of the agency                   discrimination on the basis of disability,
                                                shall be designed, constructed, or                        unless the Agency can demonstrate that                 21 CFR Parts 1 and 117
                                                altered so as to be readily accessible to                 making the accommodations would                        [Docket No. FDA–2011–N–0920]
                                                and usable by individuals with                            fundamentally alter the nature of the
                                                                                                                                                                 RIN 0910–AG36
                                                disabilities. The definitions,                            service, program, or activity or result in
                                                requirements, and standards of the                        an undue financial and administrative                  Current Good Manufacturing Practice,
                                                Architectural Barriers Act (42 U.S.C.                     burden.                                                Hazard Analysis, and Risk-Based
                                                4151–4157), as established in 41 CFR                                                                             Preventive Controls for Human Food;
                                                part 102–76, subpart C, apply to                          ■ 26. Add § 1251.582 to subpart 1251.5
                                                                                                          to read as follows:                                    Technical Amendment
                                                buildings covered by this section.
                                                ■ 23. In § 1251.570, revise paragraphs
                                                                                                                                                                 AGENCY:   Food and Drug Administration,
                                                                                                          § 1251.582    Illegal use of drugs
                                                (b) and (c) to read as follows:                                                                                  HHS.
                                                                                                             (a) General. (1) Except as provided in                    Final rule; technical
                                                                                                                                                                 ACTION:
                                                § 1251.570       Compliance procedures.                   paragraph (b) of this section, this part               amendment.
                                                *     *     *    *     *                                  does not prohibit discrimination against
                                                  (b) The Agency shall process                            an individual based on that individual’s               SUMMARY:    The Food and Drug
                                                complaints alleging violations of section                 current illegal use of drugs.                          Administration (FDA or we) is
                                                504 of the Rehabilitation Act with                                                                               amending a final rule that published in
                                                                                                             (2) The Agency shall not discriminate               the Federal Register of September 17,
                                                respect to employment according to the                    on the basis of illegal use of drugs
                                                procedures established by the Equal                                                                              2015. That final rule amended our
                                                                                                          against an individual who is not                       regulation for current good
                                                Employment Opportunity Commission                         engaging in current illegal use of drugs
                                                in 29 CFR part 1640 pursuant to section                                                                          manufacturing practice in
                                                                                                          and who—                                               manufacturing, packing, or holding
                                                501 of the Rehabilitation Act of 1973 (29
                                                U.S.C. 791).                                                 (i) Has successfully completed a                    human food to modernize it, and to add
                                                  (c) The Associate Administrator for                     supervised drug rehabilitation program                 requirements for domestic and foreign
                                                Diversity and Equal Opportunity shall                     or has otherwise been rehabilitated                    facilities that are required to register
                                                be responsible for coordinating                           successfully;                                          under the Federal Food, Drug, and
                                                implementation of this section.                                                                                  Cosmetic Act (the FD&C Act) to
                                                                                                             (ii) Is participating in a supervised
                                                Complaints may be sent to the Office of                                                                          establish and implement hazard
                                                                                                          rehabilitation program; or                             analysis and risk-based preventive
                                                Diversity and Equal Opportunity, NASA
                                                                                                             (iii) Is erroneously regarded as                    controls for human food. That final rule
                                                Headquarters, 300 E Street SW.,
                                                                                                          engaging in such use.                                  also revised certain definitions in our
                                                Washington, DC 20546.
                                                                                                             (b) Health and drug rehabilitation                  current regulation for registration of
                                                *     *     *    *     *                                                                                         food facilities to clarify the scope of the
                                                                                                          services. (1) The Agency shall not deny
                                                ■ 24. Add § 1251.580 to subpart 1251.5                                                                           exemption from registration
                                                                                                          health services, or services provided in
                                                to read as follows:                                                                                              requirements provided by the FD&C Act
                                                                                                          connection with drug rehabilitation, to
                                                § 1251.580       Direct threat.                           an individual on the basis of that                     for ‘‘farms.’’ The final rule published
                                                                                                          individual’s current illegal use of drugs,             with some editorial and inadvertent
                                                   (a) This part does not require the                                                                            errors. This document corrects those
                                                Agency to permit an individual to                         if the individual is otherwise entitled to
                                                                                                          such services.                                         errors.
                                                participate in or benefit from the
                                                services, programs, or activities of that                                                                        DATES: Effective January 22, 2016.
                                                                                                             (2) A drug rehabilitation or treatment
                                                recipient when that individual poses a                    program may deny participation to                      FOR FURTHER INFORMATION CONTACT:
                                                direct threat to the health or safety of                  individuals who engage in illegal use of               Jenny Scott, Center for Food Safety and
                                                others.                                                   drugs while they are in the program.                   Applied Nutrition (HFS–300), Food and
                                                   (b) In determining whether an                                                                                 Drug Administration, 5100 Paint Branch
                                                                                                             (c) Drug testing. (1) This part does not            Pkwy., College Park, MD 20740, 240–
                                                individual poses a direct threat to the
                                                                                                          prohibit the Agency from adopting or                   402–2166.
                                                health or safety of others, the Agency
                                                must make an individualized                               administering reasonable policies or                   SUPPLEMENTARY INFORMATION: In the
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                                                assessment, based on reasonable                           procedures, including but not limited to               Federal Register of Thursday,
                                                judgment that relies on current medical                   drug testing, designed to ensure that an               September 17, 2015 (80 FR 55908), FDA
                                                knowledge or on the best available                        individual who formerly engaged in the                 published the final rule ‘‘Current Good
                                                objective evidence, to ascertain: The                     illegal use of drugs is not now engaging               Manufacturing Practice, Hazard
                                                nature, duration, and severity of the                     in current illegal use of drugs.                       Analysis, and Risk-Based Preventive
                                                risk; the probability that the potential                     (2) Nothing in this paragraph (c) shall             Controls for Human Food’’ with some
                                                injury will actually occur; and whether                   be construed to encourage, prohibit,                   editorial and inadvertent errors. This


                                           VerDate Sep<11>2014     16:27 Jan 21, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\22JAR1.SGM   22JAR1


                                                                   Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations                                          3715

                                                action is being taken to correct                        activities performed for the safe or                      (b) The operation of a facility that
                                                inadvertent errors by making the                        effective packing or re-packing of that                manufactures, processes, packs, or holds
                                                following correcting amendments.                        food (such as sorting, culling, grading,               food for sale in the United States if the
                                                                                                        and weighing or conveying incidental to                owner, operator, or agent in charge of
                                                List of Subjects
                                                                                                        packing or re-packing)), but does not                  such facility is required to comply with,
                                                21 CFR Part 1                                           include activities that transform a raw                and is not in compliance with, section
                                                  Cosmetics, Drugs, Exports, Food                       agricultural commodity, as defined in                  418 of the Federal Food, Drug, and
                                                labeling, Imports, Labeling, Reporting                  section 201(r) of the Federal Food, Drug,              Cosmetic Act or subpart C, D, E, F, or
                                                and recordkeeping requirements.                         and Cosmetic Act, into a processed food                G of this part is a prohibited act under
                                                                                                        as defined in section 201(gg) of the                   section 301(uu) of the Federal Food,
                                                21 CFR Part 117                                         Federal Food, Drug, and Cosmetic Act.                  Drug, and Cosmetic Act.
                                                    Food packaging, Foods.                              *     *     *     *     *                              *      *    *      *    *
                                                                                                        ■ 3. Amend § 1.328 to revise the                       ■ 6. Amend § 117.3 to:
                                                PART 1—GENERAL ENFORCEMENT                              definition of ‘‘harvesting’’ to read as                ■ a. Revise the definitions of ‘‘audit’’,
                                                REGULATIONS                                             follows:                                               ‘‘harvesting’’, and ‘‘packing’’;
                                                                                                                                                               ■ b. Revise the introductory text of
                                                ■ 1. The authority citation for 21 CFR                  § 1.328 What definitions apply to this                 paragraph (1) of the definition of
                                                part 1 continues to read as follows:                    subpart?                                               ‘‘qualified end-user’’; and
                                                  Authority: 15 U.S.C. 1333, 1453, 1454,                *     *      *     *    *                              ■ c. Revise the definition of ‘‘small
                                                1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C.                Harvesting applies to farms and farm                business’’.
                                                321, 331, 332, 333, 334, 335a, 343, 350c,               mixed-type facilities and means                           The revisions read as follows:
                                                350d, 352, 355, 360b, 360ccc, 360ccc–1,                 activities that are traditionally
                                                360ccc–2, 362, 371, 374, 381, 382, 387, 387a,                                                                  § 117.3   Definitions.
                                                                                                        performed on farms for the purpose of
                                                387c, 393; 42 U.S.C. 216, 241, 243, 262, 264.           removing raw agricultural commodities                  *     *      *     *    *
                                                                                                        from the place they were grown or                         Audit means the systematic,
                                                ■  2. Amend § 1.227 to revise the
                                                                                                        raised and preparing them for use as                   independent, and documented
                                                definitions of ‘‘harvesting’’ and
                                                                                                        food. Harvesting is limited to activities              examination (through observation,
                                                ‘‘packing’’ to read as follows:
                                                                                                        performed on raw agricultural                          investigation, records review,
                                                § 1.227 What definitions apply to this                  commodities, or on processed foods                     discussions with employees of the
                                                subpart?                                                created by drying/dehydrating a raw                    audited entity, and, as appropriate,
                                                *     *      *     *    *                               agricultural commodity without                         sampling and laboratory analysis) to
                                                   Harvesting applies to farms and farm                 additional manufacturing/processing,                   assess an audited entity’s food safety
                                                mixed-type facilities and means                         on a farm. Harvesting does not include                 processes and procedures.
                                                activities that are traditionally                       activities that transform a raw                        *     *      *     *    *
                                                performed on farms for the purpose of                   agricultural commodity into a processed                   Harvesting applies to farms and farm
                                                removing raw agricultural commodities                   food as defined in section 201(gg) of the              mixed-type facilities and means
                                                from the place they were grown or                       Federal Food, Drug, and Cosmetic Act.                  activities that are traditionally
                                                raised and preparing them for use as                    Examples of harvesting include cutting                 performed on farms for the purpose of
                                                food. Harvesting is limited to activities               (or otherwise separating) the edible                   removing raw agricultural commodities
                                                performed on raw agricultural                           portion of the raw agricultural                        from the place they were grown or
                                                commodities, or on processed foods                      commodity from the crop plant and                      raised and preparing them for use as
                                                created by drying/dehydrating a raw                     removing or trimming part of the raw                   food. Harvesting is limited to activities
                                                agricultural commodity without                          agricultural commodity (e.g., foliage,                 performed on raw agricultural
                                                additional manufacturing/processing,                    husks, roots, or stems). Examples of                   commodities, or on processed foods
                                                on a farm. Harvesting does not include                  harvesting also include cooling, field                 created by drying/dehydrating a raw
                                                activities that transform a raw                         coring, filtering, gathering, hulling,                 agricultural commodity without
                                                agricultural commodity into a processed                 shelling, sifting, threshing, trimming of              additional manufacturing/processing,
                                                food as defined in section 201(gg) of the               outer leaves of, and washing raw                       on a farm. Harvesting does not include
                                                Federal Food, Drug, and Cosmetic Act.                   agricultural commodities grown on a                    activities that transform a raw
                                                Examples of harvesting include cutting                  farm.                                                  agricultural commodity into a processed
                                                (or otherwise separating) the edible                    *     *      *     *    *                              food as defined in section 201(gg) of the
                                                portion of the raw agricultural                                                                                Federal Food, Drug, and Cosmetic Act.
                                                commodity from the crop plant and                       PART 117—CURRENT GOOD                                  Examples of harvesting include cutting
                                                removing or trimming part of the raw                    MANUFACTURING PRACTICE,                                (or otherwise separating) the edible
                                                agricultural commodity (e.g., foliage,                  HAZARD ANALYSIS, AND RISK-                             portion of the raw agricultural
                                                husks, roots or stems). Examples of                     BASED PREVENTIVE CONTROLS FOR                          commodity from the crop plant and
                                                harvesting also include cooling, field                  HUMAN FOOD                                             removing or trimming part of the raw
                                                coring, filtering, gathering, hulling,                                                                         agricultural commodity (e.g., foliage,
                                                shelling, sifting, threshing, trimming of               ■ 4. The authority citation for 21 CFR                 husks, roots or stems). Examples of
                                                outer leaves of, and washing raw                        part 117 continues to read as follows:                 harvesting also include cooling, field
                                                agricultural commodities grown on a                       Authority: 21 U.S.C. 331, 342, 343, 350d             coring, filtering, gathering, hulling,
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                                                farm.                                                   note, 350g, 350g note, 371, 374; 42 U.S.C.             shelling, sifting, threshing, trimming of
                                                *     *      *     *    *                               243, 264, 271.                                         outer leaves of, and washing raw
                                                   Packing means placing food into a                    ■ 5. In § 117.1, revise paragraph (b) to               agricultural commodities grown on a
                                                container other than packaging the food                 read as follows:                                       farm.
                                                and also includes re-packing and                                                                               *     *      *     *    *
                                                activities performed incidental to                      § 117.1    Applicability and status.                      Packing means placing food into a
                                                packing or re-packing a food (e.g.,                     *      *      *       *      *                         container other than packaging the food


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                                                3716               Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations

                                                and also includes re-packing and                          (5) Your system, in accordance with                    Dated: January 14, 2016.
                                                activities performed incidental to                      paragraph (a)(5) of this section, that                 Leslie Kux,
                                                packing or re-packing a food (e.g.,                     ensures control, at a subsequent                       Associate Commissioner for Policy.
                                                activities performed for the safe or                    distribution step, of the hazards in the               [FR Doc. 2016–01091 Filed 1–21–16; 8:45 am]
                                                effective packing or re-packing of that                 food you distribute.                                   BILLING CODE 4164–01–P
                                                food (such as sorting, culling, grading,                ■ 9. In § 117.145, revise paragraph (a) to
                                                and weighing or conveying incidental to                 read as follows:
                                                packing or re-packing)), but does not                                                                          DEPARTMENT OF HEALTH AND
                                                include activities that transform a raw                 § 117.145    Monitoring.                               HUMAN SERVICES
                                                agricultural commodity into a processed                 *     *      *    *      *
                                                food as defined in section 201(gg) of the                 (a) Written procedures. You must                     Food and Drug Administration
                                                Federal Food, Drug, and Cosmetic Act.                   establish and implement written
                                                *      *     *     *     *                              procedures, including the frequency                    21 CFR Part 507
                                                   Qualified end-user * * *                             with which they are to be performed, for
                                                   (1) Is located:                                      monitoring the preventive control; and                 [Docket No. FDA–2011–N–0922]
                                                *      *     *     *     *                              *     *      *    *      *
                                                   Small business means, for purposes of                ■ 10. In § 117.201, revise paragraphs                  RIN 0910–AG10
                                                this part, a business (including any                    (b)(2)(i)(B) and (b)(2)(ii) to read as
                                                subsidiaries and affiliates) employing                                                                         Current Good Manufacturing Practice,
                                                                                                        follows:
                                                fewer than 500 full-time equivalent                                                                            Hazard Analysis, and Risk-Based
                                                employees.                                              § 117.201 Modified requirements that                   Preventive Controls for Food for
                                                *      *     *     *     *                              apply to a qualified facility.                         Animals; Technical Amendment
                                                ■ 7. In § 117.5, revise the first sentence              *       *    *    *     *                              AGENCY:   Food and Drug Administration,
                                                of paragraph (a), and revise paragraph                     (b) * * *                                           HHS.
                                                (h)(3)(v) to read as follows:                              (2) * * *
                                                                                                                                                                     Final rule, technical
                                                                                                                                                               ACTION:
                                                                                                           (i) * * *                                           amendment.
                                                § 117.5   Exemptions.                                      (B) Write to the U.S. Food and Drug
                                                   (a) Except as provided by subpart E of               Administration (HFS–681), 5100 Paint                   SUMMARY:    The Food and Drug
                                                this part, subparts C and G of this part                Branch Pkwy., College Park, MD 20740;                  Administration (FDA or we) is
                                                do not apply to a qualified facility.                   or                                                     amending a final rule that published in
                                                * * *                                                   *       *    *    *     *                              the Federal Register of September 17,
                                                *      *     *     *     *                                 (ii) Send a paper Form FDA 3942a to                 2015. That final rule established
                                                   (h) * * *                                            the U.S. Food and Drug Administration                  requirements for domestic and foreign
                                                   (3) * * *                                            (HFS–681), 5100 Paint Branch Pkwy.,                    facilities required to register under the
                                                   (v) Extracting (including by pressing,               College Park, MD 20740. We                             Federal Food, Drug, and Cosmetic Act
                                                by distilling, and by solvent extraction)               recommend that you submit a paper                      for current good manufacturing practice,
                                                dried/dehydrated herb and spice                         copy only if your facility does not have               hazard analysis, and risk-based
                                                products (e.g., dried mint), fresh herbs                reasonable access to the Internet.                     preventive controls for food for animals.
                                                (e.g., fresh mint), fruits and vegetables                                                                      The final rule published with some
                                                                                                        *       *    *    *     *
                                                (e.g., olives, avocados), grains (e.g.,                                                                        editorial and inadvertent errors. This
                                                oilseeds), and other herb and spice                     ■ 11. In § 117.257, revise paragraph (e)
                                                                                                                                                               document corrects those errors.
                                                products (e.g., chopped fresh mint,                     to read as follows:
                                                                                                                                                               DATES: Effective January 22, 2016.
                                                chopped dried mint);                                    § 117.257 Contents of an order to withdraw             FOR FURTHER INFORMATION CONTACT:
                                                *      *     *     *     *                              a qualified facility exemption.                        Jeanette Murphy, Center for Veterinary
                                                ■ 8. In § 117.136, revise paragraphs                    *      *     *     *    *                              Medicine (HFV–200), Food and Drug
                                                (a)(2) introductory text, (a)(5), and (b)(5)               (e) A statement that a facility may                 Administration, 7519 Standish Pl.,
                                                to read as follows:                                     request that FDA reinstate an exemption                Rockville, MD 20855, 240–402–6246,
                                                                                                        that was withdrawn by following the                    email: jenny.murphy@fda.hhs.gov.
                                                § 117.136 Circumstances in which the
                                                owner, operator, or agent in charge of a                procedures in § 117.287;                               SUPPLEMENTARY INFORMATION: In the
                                                manufacturing/processing facility is not                *      *     *     *    *                              Federal Register of Thursday,
                                                required to implement a preventive control.             ■ 12. In § 117.264, revise paragraph                   September 17, 2015 (80 FR 56170), FDA
                                                  (a) * * *                                             (a)(1) to read as follows:                             published the final rule ‘‘Current Good
                                                  (2) You rely on your customer who is                                                                         Manufacturing Practice, Hazard
                                                subject to the requirements for hazard                  § 117.264    Procedure for submitting an               Analysis, and Risk-Based Preventive
                                                analysis and risk-based preventive                      appeal.                                                Controls for Food for Animals’’ with
                                                controls in this subpart to ensure that                    (a) * * *                                           some editorial and inadvertent errors.
                                                the identified hazard will be                              (1) Submit the appeal in writing to the             This action is being taken to correct
                                                significantly minimized or prevented                    FDA District Director in whose district                those errors by making the following
                                                and you:                                                the facility is located (or, in the case of            correcting amendments.
                                                *     *     *     *     *                               a foreign facility, the Director of the
                                                                                                                                                               List of Subjects in 21 CFR Part 507
mstockstill on DSK4VPTVN1PROD with RULES




                                                  (5) You have established,                             Office of Compliance in the Center for
                                                documented, and implemented a system                    Food Safety and Applied Nutrition), at                   Animal foods, Labeling, Packaging
                                                that ensures control, at a subsequent                   the mailing address, email address, or                 and containers, Reporting and
                                                distribution step, of the hazards in the                facsimile number identified in the order               recordkeeping requirements.
                                                food you distribute and you document                    within 15 calendar days of the date of                   Accordingly, FDA is amending 21
                                                the implementation of that system.                      receipt of confirmation of the order; and              CFR part 507 with the following
                                                  (b) * * *                                             *      *    *      *     *                             technical amendments:


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Document Created: 2016-01-22 01:17:15
Document Modified: 2016-01-22 01:17:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendment.
DatesEffective January 22, 2016.
ContactJenny Scott, Center for Food Safety and Applied Nutrition (HFS-300), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-2166.
FR Citation81 FR 3714 
RIN Number0910-AG36
CFR Citation21 CFR 117
21 CFR 1
CFR AssociatedCosmetics; Drugs; Exports; Food Labeling; Imports; Labeling; Reporting and Recordkeeping Requirements; Food Packaging and Foods

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