81 FR 50303 - Food Labeling; Calorie Labeling of Articles of Food in Vending Machines; Extension of Compliance Date
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration Federal Register Volume 81, Issue 147 (August 1, 2016)
Food and Drug Administration
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50303-50306 | |
| FR Document | 2016-18140 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Rules and Regulations] [Pages 50303-50306] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18140] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 11 and 101 [Docket No. FDA-2011-F-0171] RIN 0910-AG56 Food Labeling; Calorie Labeling of Articles of Food in Vending Machines; Extension of Compliance Date AGENCY: Food and Drug Administration, HHS. ACTION: Final rule; extension of compliance date. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA or we) is extending the compliance date for certain requirements in the final rule requiring disclosure of calorie declarations for food sold from certain vending machines. The final rule appeared in the Federal Register of December 1, 2014. We are taking this action in response to requests for an extension and for reconsideration of the rule's requirements pertaining to the size of calorie disclosures on front-of-package labeling. DATES: Effective date: This final rule is effective December 1, 2016. Compliance date: The compliance date for type size front-of-pack labeling requirements (Sec. 101.8(b)(2) (21 CFR 101.8(b)(2))) and calorie disclosure requirements (Sec. 101.8(c)(2)) for certain gums, mints, and roll candy products in glass-front machines in the final rule published December 1, 2014 (79 FR 71259) is extended to July 26, 2018. The compliance date for all other requirements in the final rule (79 FR 71259) remains December 1, 2016. FOR FURTHER INFORMATION CONTACT: April Kates, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of December 1, 2014 (79 FR 71259), we published a final rule establishing requirements for providing calorie declarations for food sold from certain vending machines. The final rule, which is codified primarily at Sec. 101.8, will ensure that calorie information is available for certain food sold from a vending machine that does not permit a prospective purchaser to examine the Nutrition Facts Panel before purchasing the article, or does not otherwise provide visible nutrition information at the point of purchase. The declaration of accurate and clear calorie information for food sold from vending machines will make calorie information available to consumers in a direct and accessible manner to enable consumers to make informed and healthful dietary choices. The final rule applies to certain food from vending machines operated by a person engaged in the business of owning or operating 20 or more vending machines. Vending machine operators not subject to the rules may elect to be subject to the Federal requirements by registering with FDA. The final rule also specifies how calories must be declared. In brief,Vending machine operators do not have to declare calorie information for a food if a prospective purchaser can view certain calorie information on the front of the package, in the Nutrition Facts label on the food, or in a reproduction of the Nutrition Facts label on the food subject to certain requirements, or if the vending machine operator does not own or operate 20 or more vending machines. Calorie declarations must be clear and conspicuous and placed prominently, and may be placed on a sign in, on, or adjacent to the vending machine, so long as the sign is in close proximity to the article of food or selection button. The final rule establishes type size, color, and contrast requirements for calorie declarations in or on the vending machines, and for calorie declarations on signs adjacent to the vending machines. The final rule establishes requirements for calorie declarations on electronic vending machines, those vending machines with only pictures or names of the food items, and those vending machines with few choices (e.g., popcorn machines). The final rule also requires vending machine operator contact information to be displayed for enforcement purposes. The final rule implements provisions of section 403(q)(5)(H) of the Federal [[Page 50304]] Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(q)(5)(H)). In the preamble to the final rule (79 FR 71259 at 71282 through 71283), we stated that all covered vending machine operators must come into compliance with the rule's requirements no later than December 1, 2016. II. Extending the Compliance Date A. Introduction Since we published the final rule in the Federal Register, several trade associations have contacted us to state that the type size requirement for calorie information on the package, often referred to as ``front-of-pack'' or FOP labeling, presents significant technical challenges to the packaged food industry. The trade associations asked us to amend the type size requirement for FOP labeling and to provide additional flexibility for providing calorie information for gums, mints, and roll candy (see Refs. 1 and 2). B. Type Size Requirement for ``Articles of Food Not Covered'' (Sec. 101.8(b)(2)) With respect to FOP labeling, Sec. 101.8(b)(2), states that articles of food sold from a vending machine are not ``covered vending machine food'' if the prospective purchaser can otherwise view visible nutrition information, including, at a minimum the total number of calories for the article of food as sold at the point of purchase. The visible nutrition information must appear on the food label itself, be clear and conspicuous and able to be easily read on the article of food while in the vending machine, and be in a type size at least 50 percent of the size of the largest printed matter on the label and with sufficient color and contrasting background to other print on the label to permit the perspective purchaser to clearly distinguish the information. In the preamble to the final rule (79 FR 71259 at 71269 (see comment 16 and our response)), we discussed how FOP labeling could be a way to provide visible nutrition information for articles of food that are sold from a vending machine that are not ``covered vending machine food'' as interpreted by Sec. 101.8(c). We also noted how some comments felt that the rule's type size requirement was too large, whereas others stated that the type size would be too small (79 FR 71259 at 71269). We explained that specifying the minimum type size for calorie information on vending machine food labels will provide greater clarity for both compliance and enforcement (id.). Since the publication of the final rule, several trade associations indicated that the type size requirement would make the calorie declaration very large on some products and would make label redesign difficult and/or not practical. They noted the existence of voluntary FOP labeling programs whereby calorie information is presented in a FOP type size that ranges from 100 to 150 percent of the size of the ``net quantity of contents'' statement on the principal display panel. They also asked us to align the compliance date with that for the Nutrition Facts labeling rule (81 FR 33742, May 27, 2016) so that food companies can ``make all changes to their food labels, including adding FOP calorie information, at the same time'' (see Ref. 2). The compliance date for the Nutrition Facts label rule is July 26, 2018, for manufacturers with $10 million or more in annual food sales. Consequently, with respect to Sec. 101.8(b)(2), we have decided to extend the compliance date for certain food products sold from a glass- front vending machine that allow prospective purchasers to view packaged foods offered for sale. Specifically, if the food is: Sold from a glass-front vending machine that allows prospective purchasers to view packaged foods offered for sale; not a covered vending machine food within Sec. 101.8(b)(2); and the label for such packaged foods provides front-of- package calorie disclosures that complies with all aspects of the final vending machine labeling rule except that the disclosure is not 50 percent of the size of the largest print on the label, then the compliance date for Sec. 101.8(b)(2) is extended to July 26, 2018. This extension of the compliance date will give us time to consider whether a revision to Sec. 101.8(b)(2) is necessary and also give packaged food manufacturers more time to consider label redesign issues or, in the case of products without FOP calorie labeling, to consider whether to add such labeling. We emphasize that this extension is limited to vending machine operators whose glass-front vending machines are subject to Sec. 101.8(b)(2) and where the packaged food has FOP calorie disclosures that complies with all aspects of the final vending machine labeling rule except that the disclosure is not 50 percent of the size of the largest print on the label. Thus, a vending machine operator whose vending machines dispense packaged food without FOP labeling or use electronic displays is not affected by the extension. Similarly, a vending machine operator whose vending machines sell unpackaged food (such as fruit) is not affected by the extension. C. Signage for Gums, Mints, and Roll Candy With respect to providing calorie information for gums, mints, and roll candy, our regulations, at Sec. 101.8(c), establishes requirements for calorie labeling for certain food sold from vending machines. Under Sec. 101.8(c)(2)(i)(C), the calorie declaration for covered vending machine food must include the total calories present in the packaged food, regardless of whether the packaged food contains a single serving or multiple servings. Under Sec. 101.8(c)(2)(ii)(A), the calorie declarations for covered vending machine food must be clear and conspicuous and placed prominently on a sign in close proximity to the article of food or selection button so long as the calorie declaration is visible at the same time as the food, its name, price, selection button, or selection number is visible. Several trade associations have disagreed with Sec. 101.8(c)(2) insofar as it would apply to gums, mints, and roll candy. The trade associations contend that gums, mints, and roll candy suitable for vending machines are not typically amenable to FOP labeling due to the limited size of the principal display panel, and as a result, there are few options for compliance for these products. They also describe that in glass-front vending machines, these items are often placed together at the bottom of the machine with limited space for signage. In addition, the trade associations have asserted that providing calories declarations ``per serving'' for these items is preferable to providing calories ``per container'', because consumers typically do not consume the entire packaged product at one time, and providing calorie declarations on a ``per serving'' basis would be consistent with our serving size requirements at 21 CFR 101.9. The trade associations also explained that these items typically contain insignificant amounts of all nutrients and are otherwise exempt from packaged food nutrition labeling, and that providing a sign with a range of 0 to 25 calories ``per serving'' for these items is sufficient for consumers to make informed choices (Ref. 1). Based on these distinct challenges, the trade associations also suggested that we amend Sec. 101.8(c)(2) by adding a new paragraph that would, in effect, provide an exception for gums, mints, and roll candies that would allow the use of a range of calories (such as ``25 calories or [[Page 50305]] less/serving'') and the covered vending machine food: Contains at least three servings per package; has a ``reference amount customarily consumed'' (the portion size based on the amount the average person is likely to eat at one time) of 5 grams or less; and contains 25 calories or less per serving. The trade associations indicated that the extension would only be for vending machine operators who, by December 1, 2016, have ``interim calorie signage'' that would consist of a single sign in close proximity to the article of food or selection button or inside the vending machine, where the sign states that gum, mint, and roll candies provide 25 calories or less/serving. We addressed a similar issue in the preamble to the final rule (see 79 FR 71259 at 71276 through 71277 (see comment 24 and our response)) and explained why the calorie declaration requirement applies to the entire package rather than to a serving in the package. We disagree with the trade associations' suggestion that the final vending machine rule's serving size requirement should be consistent with that in our serving size rule. The vending machine rule applies to certain vending machine operators, whereas the serving size rule applies to food manufacturers. The statutory authority behind each regulation also differs; the vending machine label requirement is found in section 403(q)(5)(H) of the FD&C Act, which requires, generally, that food sold in certain vending machines disclose the number of calories contained in food, whereas section 403(q)(1)(A)(i) of the FD&C Act requires, with certain exceptions, that food that is intended for human consumption and offered for sale bear nutrition information that provides a serving size that reflects the amount of food customarily consumed and is expressed in a common household measure that is appropriate to the food. Section 2(b)(1)(B) of the Nutrition Labeling and Education Act further requires the Secretary of Health and Human Services to issue regulations to establish standards to define serving size. Nevertheless, we note that, in the preamble to the final vending machine rule, we said we would allow, in addition to the total calorie declaration for the food as vended, the voluntary declaration of calories per serving for covered vending machine foods (see 79 FR 71259 at 71277). The voluntary declaration of calories per serving, in addition to declaration of calories per container (required by Sec. 101.8(c)(2)), should accommodate the trade associations' desire to disclose the number of calories per serving. However, we also are mindful that the gums, mints, and roll candies mentioned by the trade associations tend to be sold in small packages that do not lend themselves to FOP labeling and often are located or placed in a small space in glass-front vending machines; the small space may limit the size of any sign(s) that would disclose calorie information for each gum, mint, or roll candy. For example, we are aware that some glass-front vending machines may have trays that are different sizes; the tray width for bags of potato chips is larger than the tray width for a roll of mints or hard candies or for a small package of gum. The smaller tray size for gums, mints, and roll candy may make it difficult to add information, inside the vending machine, beyond the product's price and selection number. Therefore, we are extending the compliance date for Sec. 101.8(c)(2) to July 26, 2018, so that we may consider this issue further. This extension of the compliance date is limited to: Gums, mints, and roll candy sold in packages that are too small to bear FOP labeling and where the gums, mints, and roll candy are located in a small space within a glass-front vending machine that allows prospective purchasers to view packaged foods offered for sale; the space within the glass-front vending machine holding the gum, mints, and roll candy is so small such that it is not practicable to provide calorie information under each gum, mint, or roll candy; and the glass-front vending machine also does not or is not capable of providing calorie information electronically. This limited change in the compliance date for Sec. 101.8(c)(2) will give us time to consider issues relating to signage and vending machine design and give vending machine operators some flexibility in their disclosure of calorie information for gums, mints, and roll candies in small packages. In the interim, so consumers can make informed choices, we encourage vending machine operators to provide calorie information through a sign in close proximity to the gums, mints, and roll candy inside the vending machine that states the gums, mints, and roll candies provide ``X'' calories or less/serving, where X represents the value of the largest number of calories per serving for the gums, mints, and roll candies. We emphasize that this extension does not extend to other products in glass-front vending machines or glass-front vending machines that are capable of providing information electronically, nor does it extend to other types of vending machines. We also emphasize that the limited compliance date extension for Sec. 101.8(c)(2) is intended to give vending machine operators more flexibility in providing calorie information for gums, mints, and roll candy in glass-front vending machines where those gums, mints, and roll candy are located or placed in a small space such that it is not practicable to provide calorie information under each gum, mint, or roll candy. Our final rule already gives vending machine operators other ways to comply with the calorie disclosure requirement; for example, vending machine operators can provide calorie declarations on a sign adjacent to the vending machine (see Sec. 101.8(c)(2)(ii)(C)). III. Economic Analysis of Impacts We have examined the impacts of the final rule under Executive Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). We have developed a comprehensive Economic Analysis of Impacts that assesses the impacts of this final rule (Ref. 3). We believe that this final rule is not a significant regulatory action as defined by Executive Order 12866. The Regulatory Flexibility Act requires us to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because the final rule changes the compliance date for Sec. 101.8(b)(2) and (c)(2), under the limited circumstances described in this document, from December 1, 2016, to July 26, 2018, we certify that the final rule will not have a significant economic impact on a substantial number of small entities. The Unfunded Mandates Reform Act of 1995 (section 202(a)) requires us to prepare a written statement, which includes an assessment of anticipated costs and benefits, before issuing ``any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted [[Page 50306]] annually for inflation) in any one year.'' The current threshold after adjustment for inflation is $146 million, using the most current (2015) Implicit Price Deflator for the Gross Domestic Product. This final rule would not result in an expenditure in any year that meets or exceeds this amount. IV. Paperwork Reduction Act of 1995 This final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required. V. Analysis of Environmental Impact We have determined under 21 CFR 25.30(k) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. VI. References The following references are on display in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they are also available electronically at http://www.regulations.gov. 1. Letter from Karin F. R. Moore, Vice President and General Counsel, Grocery Manufacturers Association, to Susan Mayne, Ph.D., Director, Center for Food Safety and Applied Nutrition, dated March 31, 2016. 2. Letter from Karin Moore, Senior Vice President and General Counsel, Grocery Manufacturers Association, to Susan Mayne, Ph.D., Director, Center for Food Safety and Applied Nutrition, dated June 26, 2016. 3. Economics Staff, Office of Planning, Office of Policy, Planning, Legislation, and Analysis, Office of the Commissioner, Food and Drug Administration, ``Food Labeling; Calorie Labeling of Articles of Food in Vending Machines; Extension of Compliance Date,'' dated July 2016. Dated: July 27, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016-18140 Filed 7-29-16; 8:45 am] BILLING CODE 4164-01-P
![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50303
for whom suitable work, as defined in Secretary of Labor is satisfied that there I. Background
State law, as defined in § 620.2, is only is no longer any such failure. Until the In the Federal Register of December 1,
available in an occupation that regularly Secretary of Labor is so satisfied, the 2014 (79 FR 71259), we published a
conducts drug testing under § 620.3. Department of Labor will not make final rule establishing requirements for
Drug testing is permitted only of an further payments to such State. providing calorie declarations for food
applicant, and not of an individual sold from certain vending machines.
Portia Wu,
filing a continued claim for The final rule, which is codified
unemployment compensation after Assistant Secretary for Employment and
Training, Labor. primarily at § 101.8, will ensure that
initially being determined eligible. No calorie information is available for
[FR Doc. 2016–17738 Filed 7–29–16; 8:45 am]
State is required to apply drug testing to certain food sold from a vending
UC applicants under this part 620. BILLING CODE 4510–FN–P
machine that does not permit a
(b) A State conducting drug testing as prospective purchaser to examine the
a condition of unemployment Nutrition Facts Panel before purchasing
compensation eligibility as provided in the article, or does not otherwise
DEPARTMENT OF HEALTH AND
paragraph (a) of this section may apply provide visible nutrition information at
HUMAN SERVICES
drug testing only to the occupations the point of purchase. The declaration
listed under § 620.3, but is not required Food and Drug Administration of accurate and clear calorie information
to apply drug testing to any of them. for food sold from vending machines
(c) State standards governing drug 21 CFR Parts 11 and 101 will make calorie information available
testing of UC applicants must be in
to consumers in a direct and accessible
accordance with guidance, in the form [Docket No. FDA–2011–F–0171] manner to enable consumers to make
of program letters or other issuances,
informed and healthful dietary choices.
issued by the Department of Labor. RIN 0910–AG56 The final rule applies to certain food
§ 620.5 Conformity and substantial from vending machines operated by a
compliance. Food Labeling; Calorie Labeling of person engaged in the business of
(a) In general. A State law Articles of Food in Vending Machines; owning or operating 20 or more vending
implementing the drug testing of Extension of Compliance Date machines. Vending machine operators
applicants for unemployment AGENCY: Food and Drug Administration, not subject to the rules may elect to be
compensation must conform with, and HHS. subject to the Federal requirements by
the law’s administration must registering with FDA.
ACTION:Final rule; extension of
substantially comply with, the The final rule also specifies how
compliance date.
requirements of this part 620 for calories must be declared. In brief,
purposes of certification under Section SUMMARY: The Food and Drug • Vending machine operators do not
302 of the SSA (42 U.S.C. 502), of Administration (FDA or we) is have to declare calorie information for
whether a State is eligible to receive extending the compliance date for a food if a prospective purchaser can
Federal grants for the administration of certain requirements in the final rule view certain calorie information on the
its UC program. requiring disclosure of calorie front of the package, in the Nutrition
(b) Resolving issues of conformity and declarations for food sold from certain Facts label on the food, or in a
substantial compliance. For the vending machines. The final rule reproduction of the Nutrition Facts label
purposes of resolving issues of appeared in the Federal Register of on the food subject to certain
conformity and substantial compliance December 1, 2014. We are taking this requirements, or if the vending machine
with the requirements of this part 620, action in response to requests for an operator does not own or operate 20 or
the following provisions of 20 CFR extension and for reconsideration of the more vending machines.
601.5 apply: rule’s requirements pertaining to the • Calorie declarations must be clear
(1) Paragraph (b) of 20 CFR 601.5, size of calorie disclosures on front-of- and conspicuous and placed
pertaining to informal discussions with package labeling. prominently, and may be placed on a
the Department of Labor to resolve sign in, on, or adjacent to the vending
DATES: Effective date: This final rule is
conformity and substantial compliance machine, so long as the sign is in close
effective December 1, 2016.
issues, and proximity to the article of food or
Compliance date: The compliance
(2) Paragraph (d) of 20 CFR 601.5, selection button.
date for type size front-of-pack labeling
pertaining to the Secretary of Labor’s • The final rule establishes type size,
requirements (§ 101.8(b)(2) (21 CFR
hearing and decision on conformity and color, and contrast requirements for
101.8(b)(2))) and calorie disclosure
substantial compliance. calorie declarations in or on the vending
(c) Result of failure to conform or requirements (§ 101.8(c)(2)) for certain
machines, and for calorie declarations
substantially comply. Whenever the gums, mints, and roll candy products in
on signs adjacent to the vending
Secretary of Labor, after reasonable glass-front machines in the final rule
machines.
notice and opportunity for a hearing to published December 1, 2014 (79 FR • The final rule establishes
the State UC agency, finds that the State 71259) is extended to July 26, 2018. The requirements for calorie declarations on
UC law fails to conform, or that the compliance date for all other electronic vending machines, those
State or State UC agency fails to comply requirements in the final rule (79 FR vending machines with only pictures or
substantially, with the requirements of 71259) remains December 1, 2016. names of the food items, and those
sradovich on DSK3GMQ082PROD with RULES
title III, SSA (42 U.S.C. 501–504), as FOR FURTHER INFORMATION CONTACT: vending machines with few choices
implemented in this part 620, then the April Kates, Center for Food Safety and (e.g., popcorn machines).
Secretary of Labor must notify the Applied Nutrition (HFS–820), Food and The final rule also requires vending
Governor of the State and such State UC Drug Administration, 5001 Campus Dr., machine operator contact information to
agency that further payments for the College Park, MD 20740, 240–402–2371, be displayed for enforcement purposes.
administration of the State UC law will email: april.kates@fda.hhs.gov. The final rule implements provisions
not be made to the State until the SUPPLEMENTARY INFORMATION: of section 403(q)(5)(H) of the Federal
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![50306 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
annually for inflation) in any one year.’’ DEPARTMENT OF THE INTERIOR MMS’s MRM to ONRR and transferred
The current threshold after adjustment it to the Assistant Secretary of Policy,
for inflation is $146 million, using the Office of Natural Resources Revenue Management and Budget. This change
most current (2015) Implicit Price required the reorganization of title 30 of
Deflator for the Gross Domestic Product. 30 CFR Part 1241 the Code of Federal Regulations (30
This final rule would not result in an [Docket No. ONRR–2012–0005; DS63644000 CFR). In response, ONRR published a
expenditure in any year that meets or DR2PS0000.CH7000 167D0102R2] direct final rule on October 4, 2010 (75
exceeds this amount. FR 61051), to establish a new chapter
RIN 1012–AA05 XII in 30 CFR; to remove certain
IV. Paperwork Reduction Act of 1995 regulations from Chapter II; and to
Amendments to Civil Penalty recodify these regulations in the new
This final rule contains no collection Regulations Chapter XII. Therefore, all references to
of information. Therefore, clearance by AGENCY: Office of the Secretary, Office ONRR in this rule include its
the Office of Management and Budget of Natural Resources Revenue, Interior. predecessor MRM, and all references to
under the Paperwork Reduction Act of 30 CFR part 1241 in this rule include
ACTION: Final rule.
1995 is not required. former 30 CFR part 241.
V. Analysis of Environmental Impact SUMMARY: This rule amends the Office of II. Notice of and Comments on the
Natural Resources Revenue (ONRR) Proposed Amendments
We have determined under 21 CFR civil penalty regulations by expanding
25.30(k) that this action is of a type that the regulations to all Federal mineral On May 20, 2014, ONRR published a
leases onshore and on the Outer Notice of Proposed Rulemaking (79 FR
does not individually or cumulatively
Continental Shelf (OCS), to all 28862) to amend ONRR’s civil penalty
have a significant effect on the human regulations. In the preamble of the
environment. Therefore, neither an Federally-administered mineral leases
on Indian Tribal and individual Indian proposed rule, ONRR invited comments
environmental assessment nor an on all aspects of the proposed rule,
environmental impact statement is mineral owners’ lands, and to all
easements, rights of way, and other including (1) the amount of the
required. proposed processing fee for a hearing
agreements on the OCS; incorporating
VI. References the civil penalty inflation adjustments request, payment by Electronic Funds
pursuant to the Federal Civil Penalties Transfer, and the form of identification
The following references are on Inflation Adjustment Act Improvements to include with the fee; (2) the effect
display in the Division of Dockets Act of 2015 (the 2015 Act); clarifying that the proposed processing fee could
Management (HFA–305), Food and Drug and simplifying existing regulations for have on the filing of hearing requests;
Administration, 5630 Fishers Lane, Rm. issuing a Notice of Noncompliance (3) the procedure to allow a motion for
1061, Rockville, MD 20852, and are (NONC), Failure to Correct Civil Penalty summary decision to be filed at any
available for viewing by interested Notice (FCCP), and Immediate Liability time after the case is referred to the
persons between 9 a.m. and 4 p.m., Civil Penalty Notice (ILCP); and Departmental Cases Hearings Division
Monday through Friday; they are also providing notice that ONRR will post (DCHD), including before discovery
matrices for civil penalty assessments commences; (4) whether industry
available electronically at http://
on its Web site. should have the burden of showing by
www.regulations.gov.
a preponderance of the evidence that it
1. Letter from Karin F. R. Moore, Vice DATES: Effective Date: August 31, 2016.
is not liable or that the penalty amount
President and General Counsel, Grocery FOR FURTHER INFORMATION CONTACT: For should be reduced; (5) whether the
Manufacturers Association, to Susan comments or questions on procedural accrual of a penalty during the hearing
Mayne, Ph.D., Director, Center for Food issues, contact Armand Southall, process could be stayed; and (6) the
Safety and Applied Nutrition, dated Regulatory Specialist, by telephone at definition of the term ‘‘knowingly or
March 31, 2016. (303) 231–3221 or email to willfully.’’
2. Letter from Karin Moore, Senior Vice armand.southall@onrr.gov. For The proposed rulemaking provided
President and General Counsel, Grocery questions on technical issues, contact for a 60-day comment period, which
Manufacturers Association, to Susan Geary Keeton, ONRR Chief of ended on July 21, 2014. During the
Mayne, Ph.D., Director, Center for Food Enforcement, by telephone at (303) 231– public comment period, ONRR received
Safety and Applied Nutrition, dated June 3096 or email to geary.keeton@onrr.gov. 19 written comments: 11 responses from
26, 2016. SUPPLEMENTARY INFORMATION: members of industry, 7 responses from
3. Economics Staff, Office of Planning, Office industry trade groups or associations,
of Policy, Planning, Legislation, and I. Background
and 1 response from the Jicarilla Apache
Analysis, Office of the Commissioner, ONRR is amending its civil penalty Nation.
Food and Drug Administration, ‘‘Food regulations. ONRR has carefully considered all of
Labeling; Calorie Labeling of Articles of On May 13, 1999, the Department of the public comments that we received
Food in Vending Machines; Extension of the Interior (Department) published a during the rulemaking process. We
Compliance Date,’’ dated July 2016. final rule (64 FR 26240) in the Federal hereby adopt final regulations governing
Dated: July 27, 2016. Register (FR) governing Minerals the application, assessment, and
Leslie Kux, Management Service (MMS) Minerals issuance of and request for hearing on
Revenue Management (MRM) issuance a NONC, FCCP, and ILCP. These
sradovich on DSK3GMQ082PROD with RULES
Associate Commissioner for Policy.
of notices of noncompliance and civil regulations will apply prospectively to a
[FR Doc. 2016–18140 Filed 7–29–16; 8:45 am]
penalties. NONC, FCCP or ILCP issued on or after
BILLING CODE 4164–01–P On May 19, 2010, the Secretary of the the effective date that we specify in the
Department (Secretary) reassigned DATES section of this preamble.
MMS’s responsibilities to three separate This final rule reflects revisions to the
organizations. As part of this proposed rule. Also, consistent with the
reorganization, the Secretary renamed proposed rule, it amends the current
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Document Created: 2016-07-30 06:25:58
Document Modified: 2016-07-30 06:25:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; extension of compliance date. | |
| Contact | April Kates, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371, email: [email protected] | |
| FR Citation | 81 FR 50303 | |
| RIN Number | 0910-AG56 | |
| CFR Citation | 21
CFR
101 21 CFR 11 |
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