81_FR_3971 81 FR 3956 - Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; Correction

81 FR 3956 - Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 15 (January 25, 2016)

Page Range3956-3956
FR Document2016-01092

The Food and Drug Administration (FDA or we) is correcting 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 15 (Monday, January 25, 2016)
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Rules and Regulations]
[Page 3956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01092]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1, 11, 16, 106, 110, 114, 117, 120, 123, 129, 179, and 
211

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


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correction.

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

SUMMARY: The Food and Drug Administration (FDA or we) is correcting 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 26, 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 action is being taken to correct inadvertent 
errors in the preamble and codified.
    In FR Doc. 2015-21920, appearing on page 55908 in the Federal 
Register of Thursday, September 17, 2015, the following corrections are 
made:
    1. On page 55908, in the first column, the headings section of the 
document, under the line containing ``[Docket No. FDA-2011-N-0920],'' 
is corrected by adding ``RIN 0910-AG36''.
    2. On page 55938, in the second column, in the first paragraph 
under ``VII. Comments on Proposed General Revisions to Current Part 110 
(Final Part 117),'' ``revising provisions directed to preventing 
contamination of food and food-contact substances'' is corrected to 
read ``revising provisions directed to preventing contamination of food 
and food-contact surfaces.''

0
3. On page 56151, beginning in the second column, revise Sec.  117.8 to 
read as follows:


``Sec.  117.8  Applicability of subpart B of this part to the off-farm 
packing and holding of raw agricultural commodities.

    Except as provided by Sec.  117.5(k)(1), subpart B of this part 
applies to the off-farm packaging, packing, and holding of raw 
agricultural commodities. Compliance with this requirement for raw 
agricultural commodities that are produce as defined in part 112 of 
this chapter may be achieved by complying with subpart B of this part 
or with the applicable requirements for packing and holding in part 112 
of this chapter.''


Sec.  117.405  [Corrected]

0
4. On page 56164, in the first column, in Sec.  117.405 Requirements to 
establish and implement a supply chain program, paragraph (c) 
introductory text is corrected to read as follows:
    ``(c) When a supply-chain-applied control is applied by an entity 
other than the receiving facility's supplier (e.g., when a non-supplier 
applies controls to certain produce (i.e., produce covered by part 112 
of this chapter), because growing, harvesting, and packing activities 
are under different management), the receiving facility must:''

    Dated: January 14, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01092 Filed 1-22-16; 8:45 am]
BILLING CODE 4164-01-P



                                                3956              Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Rules and Regulations

                                                identified the application of SBA’s size                DEPARTMENT OF HEALTH AND                               under the line containing ‘‘[Docket No.
                                                standards as well as other size standards               HUMAN SERVICES                                         FDA–2011–N–0920],’’ is corrected by
                                                used by Federal agencies (60 FR 57988                                                                          adding ‘‘RIN 0910–AG36’’.
                                                (November 24, 1995)). SBA is not aware                  Food and Drug Administration
                                                                                                                                                                  2. On page 55938, in the second
                                                of any Federal rule that would duplicate                                                                       column, in the first paragraph under
                                                or conflict with establishing size                      21 CFR Parts 1, 11, 16, 106, 110, 114,
                                                                                                        117, 120, 123, 129, 179, and 211                       ‘‘VII. Comments on Proposed General
                                                standards.
                                                                                                                                                               Revisions to Current Part 110 (Final Part
                                                   However, the Small Business Act and                  [Docket No. FDA–2011–N–0920]                           117),’’ ‘‘revising provisions directed to
                                                SBA’s regulations allow Federal
                                                agencies to develop different size                      RIN 0910–AG36                                          preventing contamination of food and
                                                standards if they believe that SBA’s size                                                                      food-contact substances’’ is corrected to
                                                                                                        Current Good Manufacturing Practice,                   read ‘‘revising provisions directed to
                                                standards are not appropriate for their
                                                                                                        Hazard Analysis, and Risk-Based                        preventing contamination of food and
                                                programs, with the approval of SBA’s
                                                                                                        Preventive Controls for Human Food;                    food-contact surfaces.’’
                                                Administrator (13 CFR 121.903). The
                                                                                                        Correction
                                                SBA’s regulations (13 CFR 121.903(c))                                                                          ■ 3. On page 56151, beginning in the
                                                authorize an agency to establish an                     AGENCY:    Food and Drug Administration,               second column, revise § 117.8 to read as
                                                alternative small business definition for               HHS.                                                   follows:
                                                the sole purpose of performing a                        ACTION:   Final rule; correction.
                                                regulatory flexibility analysis pursuant                                                                       ‘‘§ 117.8 Applicability of subpart B of this
                                                to the Regulatory Flexibility Act (5                    SUMMARY:    The Food and Drug                          part to the off-farm packing and holding of
                                                U.S.C. 601(3)), after consultation with                 Administration (FDA or we) is                          raw agricultural commodities.
                                                the Office of Advocacy of the U.S. Small                correcting a final rule that published in
                                                                                                        the Federal Register of September 17,                    Except as provided by § 117.5(k)(1),
                                                Business Administration.
                                                                                                        2015. That final rule amended our                      subpart B of this part applies to the off-
                                                5. What alternatives will allow the                     regulation for current good                            farm packaging, packing, and holding of
                                                Agency to accomplish its regulatory                     manufacturing practice in                              raw agricultural commodities.
                                                objectives while minimizing the impact                  manufacturing, packing, or holding                     Compliance with this requirement for
                                                on small entities?                                      human food to modernize it, and to add                 raw agricultural commodities that are
                                                   By law, SBA is required to develop                   requirements for domestic and foreign                  produce as defined in part 112 of this
                                                numerical size standards for                            facilities that are required to register               chapter may be achieved by complying
                                                establishing eligibility for Federal small              under the Federal Food, Drug, and                      with subpart B of this part or with the
                                                business assistance programs. Other                     Cosmetic Act (the FD&C Act) to                         applicable requirements for packing and
                                                than varying size standards by industry                 establish and implement hazard                         holding in part 112 of this chapter.’’
                                                and changing the size measures, no                      analysis and risk-based preventive
                                                                                                        controls for human food. That final rule               § 117.405   [Corrected]
                                                practical alternative exists to the
                                                systems of numerical size standards.                    also revised certain definitions in our                ■ 4. On page 56164, in the first column,
                                                   SBA’s only other consideration was                   current regulation for registration of                 in § 117.405 Requirements to establish
                                                whether to adopt the size standards                     food facilities to clarify the scope of the            and implement a supply chain program,
                                                presented in the interim final rule with                exemption from registration                            paragraph (c) introductory text is
                                                no further increase for the inflation.                  requirements provided by the FD&C Act                  corrected to read as follows:
                                                However, SBA believes that the                          for ‘‘farms.’’ The final rule published
                                                inflation that has occurred since the                   with some editorial and inadvertent                       ‘‘(c) When a supply-chain-applied
                                                publication of the June 12, 2014 interim                errors. This document corrects those                   control is applied by an entity other
                                                final rule is not sufficient to warrant an              errors.                                                than the receiving facility’s supplier
                                                additional increase at this time.                                                                              (e.g., when a non-supplier applies
                                                                                                        DATES: Effective: January 26, 2016.
                                                                                                                                                               controls to certain produce (i.e.,
                                                List of Subjects in 13 CFR Part 121                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               produce covered by part 112 of this
                                                                                                        Jenny Scott, Center for Food Safety and
                                                  Administrative practice and                                                                                  chapter), because growing, harvesting,
                                                                                                        Applied Nutrition (HFS–300), Food and
                                                procedure, Government procurement,                      Drug Administration, 5100 Paint Branch                 and packing activities are under
                                                Government property, Grant programs—                    Pkwy., College Park, MD 20740, 240–                    different management), the receiving
                                                business, Individuals with disabilities,                402–2166.                                              facility must:’’
                                                Loan programs—business, Reporting                                                                                Dated: January 14, 2016.
                                                                                                        SUPPLEMENTARY INFORMATION: In the
                                                and recordkeeping requirements, Small
                                                                                                        Federal Register of Thursday,                          Leslie Kux,
                                                businesses.
                                                                                                        September 17, 2015 (80 FR 55908), FDA                  Associate Commissioner for Policy.
                                                PART 121—SMALL BUSINESS SIZE                            published the final rule ‘‘Current Good                [FR Doc. 2016–01092 Filed 1–22–16; 8:45 am]
                                                REGULATIONS                                             Manufacturing Practice, Hazard
                                                                                                                                                               BILLING CODE 4164–01–P
                                                                                                        Analysis, and Risk-Based Preventive
                                                ■ For the reasons set forth in the                      Controls for Human Food’’ with some
                                                preamble, the interim rule amending 13                  editorial and inadvertent errors. This
                                                CFR part 121, which was published at                    action is being taken to correct
                                                79 FR 33647 on June 12, 2014, is                        inadvertent errors in the preamble and
mstockstill on DSK4VPTVN1PROD with RULES




                                                adopted as a final rule without change.                 codified.
                                                                                                          In FR Doc. 2015–21920, appearing on
                                                 Dated: January 12, 2016.
                                                                                                        page 55908 in the Federal Register of
                                                Maria Contreras-Sweet,                                  Thursday, September 17, 2015, the
                                                Administrator.                                          following corrections are made:
                                                [FR Doc. 2016–01410 Filed 1–22–16; 8:45 am]               1. On page 55908, in the first column,
                                                BILLING CODE 8025–01–P                                  the headings section of the document,


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Document Created: 2018-02-02 12:35:27
Document Modified: 2018-02-02 12:35:27
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; correction.
DatesEffective: January 26, 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 3956 
RIN Number0910-AG36
CFR Citation21 CFR 1
21 CFR 106
21 CFR 11
21 CFR 110
21 CFR 114
21 CFR 117
21 CFR 120
21 CFR 123
21 CFR 129
21 CFR 16
21 CFR 179
21 CFR 211

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