81_FR_75559 81 FR 75349 - Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing the FDA Food Safety Modernization Act: Guidance for Industry; Availability

81 FR 75349 - Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing the FDA Food Safety Modernization Act: Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range75349-75351
FR Document2016-26245

The Food and Drug Administration (FDA, we, or Agency) is announcing the availability of a draft guidance for industry entitled ``Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing the FDA Food Safety Modernization Act: Guidance for Industry.'' This draft guidance explains our current thinking on disclosure statements made by an entity, in documents accompanying food, that certain hazards have not been controlled by that entity as required by certain provisions in four final rules. This document describes our current thinking on how to describe the hazard under each of the four rules and which documents we consider to be ``documents of the trade'' for the purpose of disclosure statements.

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Proposed Rules]
[Pages 75349-75351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26245]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1, 112, 117, and 507

[Docket No. FDA-2016-D-2841]


Describing a Hazard That Needs Control in Documents Accompanying 
the Food, as Required by Four Rules Implementing the FDA Food Safety 
Modernization Act: Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is 
announcing the availability of a draft guidance for industry entitled 
``Describing a Hazard That Needs Control in Documents Accompanying the 
Food, as Required by Four Rules Implementing the FDA Food Safety 
Modernization Act: Guidance for Industry.'' This draft guidance 
explains our current thinking on disclosure statements made by an 
entity, in documents accompanying food, that certain hazards have not 
been controlled by that entity as required by certain provisions in 
four final rules. This document describes our current thinking on how 
to describe the hazard under each of the four rules and which documents 
we consider to be ``documents of the trade'' for the purpose of 
disclosure statements.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that we consider your comment on this draft 
guidance before we begin work on the final version of the guidance, 
submit either electronic or written comments on the draft guidance by 
May 1, 2017. Submit either electronic or written comments on the 
proposed collection of information by May 1, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a

[[Page 75350]]

third party may not wish to be posted, such as medical information, 
your or anyone else's Social Security number, or confidential business 
information, such as a manufacturing process. Please note that if you 
include your name, contact information, or other information that 
identifies you in the body of your comments, that information will be 
posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-D-2841 for ``Describing a Hazard That Needs Control in 
Documents Accompanying the Food, as Required by Four Rules Implementing 
the FDA Food Safety Modernization Act: Guidance for Industry.'' 
Received comments will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to 
Center for Food Safety and Applied Nutrition (HFS-300), Food and Drug 
Administration (HFS-300), 5001 Campus Drive, College Park, MD 20740. 
Send two self-addressed adhesive labels to assist that office in 
processing your request. See the SUPPLEMENTARY INFORMATION section for 
electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT:  With regard to this draft guidance: 
For questions regarding this draft guidance as it relates to our 
regulation entitled ``Current Good Manufacturing Practice, Hazard 
Analysis, and Risk-Based Preventive Controls for Human Food,'' contact 
Jenny Scott, Center for Food Safety and Applied Nutrition, (HFS-300), 
Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 
240-402-2166.
    For questions regarding this draft guidance as it relates to our 
regulation entitled ``Current Good Manufacturing Practice, Hazard 
Analysis, and Risk-Based Preventive Controls for Food for Animals,'' 
contact Jeanette Murphy, Center for Veterinary Medicine (HFV-200), Food 
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-
402-6246.
    For questions regarding this draft guidance as it relates to our 
regulation entitled ``Standards for the Growing, Harvesting, Packing, 
and Holding of Produce for Human Consumption,'' contact Samir Assar, 
Center for Food Safety and Applied Nutrition (HFS-317), Food and Drug 
Administration, 5001 Campus Dr., College Park, MD 20740, 240-401-1636.
    For questions regarding this draft guidance as it relates to our 
regulation entitled ``Foreign Supplier Verification Programs (FSVP) for 
Importers of Food for Humans and Animals,'' contact Rebecca Buckner, 
Office of Food and Veterinary Medicine, Food and Drug Administration, 
10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-4576.

SUPPLEMENTARY INFORMATION: 

I. Background

    We are announcing the availability of a draft guidance for industry 
entitled ``Describing a Hazard That Needs Control in Documents 
Accompanying the Food, as Required by Four Rules Implementing the FDA 
Food Safety Modernization Act: Guidance for Industry.'' We are issuing 
the draft guidance consistent with FDA's good guidance practices 
regulation (21 CFR 10.115). The draft guidance, when finalized, will 
represent the current thinking of FDA on this topic. It does not create 
or confer any rights for or on any person and does not operate to bind 
FDA or the public. You can use an alternate approach if it satisfies 
the requirements of the applicable statutes and regulations.
    The draft guidance relates to four of the seven foundational rules 
that we have established in Title 21 of the Code of Federal Regulations 
(21 CFR) as part of our implementation of the FDA Food Safety 
Modernization Act (FSMA) (Pub. L. 111-353). Table 1 lists these four 
rules. Each of these rules includes ``customer provisions'' as 
specified in table 1.

                    Table 1--The Four Foundational FSMA Rules Relevant to the Draft Guidance
----------------------------------------------------------------------------------------------------------------
   Title and abbreviations for the
       purpose of this document        Regulatory codification  ``Customer provisions''        Publication
----------------------------------------------------------------------------------------------------------------
Current Good Manufacturing Practice,   21 CFR part 117........  21 CFR 117.136(a)(2),    80 FR 55908, September
 Hazard Analysis, and Risk-Based                                 (3), and (4).            17, 2015.
 Preventive Controls for Human Food
 (part 117).

[[Page 75351]]

 
Current Good Manufacturing Practice,   21 CFR part 507........  21 CFR 507.36(a)(2),     80 FR 56170, September
 Hazard Analysis, and Risk-Based                                 (3), and (4).            17, 2015.
 Preventive Controls for Food for
 Animals (part 507).
Standards for the Growing,             21 CFR part 112........  21 CFR 112.2(b)........  80 FR 74354, November
 Harvesting, Packing, and Holding of                                                      27, 2015.
 Produce for Human Consumption
 (produce safety regulation).
Foreign Supplier Verification          21 CFR part 1, subpart   21 CFR 1.507(a)(2)(i),   80 FR 74226, November
 Programs (FSVP) for Importers of       L.                       (a)(3)(i), and           27, 2015.
 Food for Humans and Animals (FSVP                               (a)(4)(i).
 regulation).
----------------------------------------------------------------------------------------------------------------

    The ``customer provisions'' of part 117 and part 507 each include a 
requirement for a ``disclosure statement'' in which a manufacturer/
processor must disclose, in documents accompanying the food, in 
accordance with the practice of the trade, that the food is ``not 
processed to control [identified hazard]'' in certain circumstances. 
Likewise, the ``customer provisions'' of the FSVP regulation include a 
requirement for a ``disclosure statement'' in which an importer must 
disclose, in documents accompanying the food, in accordance with the 
practice of the trade, that the food is ``not processed to control 
[identified hazard]'' in certain circumstances. The ``customer 
provisions'' of the produce safety regulation relate to an exemption 
from that regulation that includes a requirement for a ``disclosure 
statement'' in which a farm must disclose, in documents accompanying 
the food, in accordance with the practice of the trade, that the food 
is ``not processed to adequately reduce the presence of microorganisms 
of public health significance.''
    The draft guidance responds to industry questions regarding these 
requirements for a disclosure statement. On March 23, 2016, FDA met 
with a food trade association at their request to listen to concerns 
regarding the customer provisions of part 117 (Ref. 1), including 
concerns regarding the disclosure statement in part 117. At the 
meeting, the trade association expressed concern about providing a 
disclosure statement when multiple hazards may be present, including 
chemical hazards (such as mycotoxins) and physical hazards (such as 
stones in raw agricultural commodities), as well as for multiple 
biological hazards (such as microbial pathogens). The trade association 
also asked us to allow a variety of types of documents that accompany 
the food to have the disclosure statement (e.g., contractual 
agreements, Web sites referenced on labels and in contracts, labels, 
letters of guarantee, shipment-specific certificates of analysis, 
shipping documents, specifications, and terms and conditions).
    The trade association focused its discussion on the requirements of 
part 117, but noted that it had parallel concerns for the analogous 
provisions of part 507 and the FSVP regulation (Ref. 1). Although the 
trade association did not express concern with the disclosure statement 
in the produce safety regulation, we believe it will be helpful to 
businesses subject to the produce safety regulation, to include our 
current thinking on the disclosure statement in all four rules that 
have requirements for a disclosure statement, not just the three rules 
mentioned by the trade association.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR part 117 have been approved under 
OMB control number 0910-0751. The collections of information in 21 CFR 
part 507 have been approved under OMB control number 0910-0789. The 
collections of information in 21 CFR part 112 have been approved under 
OMB control number 0910-0816. The collections of information in 21 CFR 
part 1, subpart L have been approved under OMB control number 0910-
0752.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance 
at either http://www.fda.gov/FoodGuidances or http://www.regulations.gov. Use the FDA Web site listed in the previous 
sentence to find the most current version of the guidance.

IV. References

    The following references are on display in the Division of Dockets 
Management, 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. Grocery Manufacturers Association, ``21 CFR 117.136. Industry 
Impacts from Disclosure and Written Assurance Requirements,'' 2016.

    Dated: October 26, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-26245 Filed 10-28-16; 8:45 am]
BILLING CODE 4164-01-P



                                                                      Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules                                                75349

                                               some cases, the passengers may choose                   view the delayed baggage fee refund                      DEPARTMENT OF HEALTH AND
                                               to receive notice when their bags arrive                provision in the FAA Extension Act                       HUMAN SERVICES
                                               and pick up the bags at the carrier’s                   differently from Regulation Z in that the
                                               baggage office at the destination airport.              Act only requires a passenger to notify                  Food and Drug Administration
                                               How should we determine that the bags                   the carrier that a bag is delayed or lost,
                                               have been ‘‘delivered’’ to the passenger                and there is not a requirement for the                   21 CFR Parts 1, 112, 117, and 507
                                               and therefore stop the clock from                       passenger to request a refund for the                    [Docket No. FDA–2016–D–2841]
                                               running in each of these situations?                    baggage fee. We emphasize that since
                                                  DOT seeks comment on the number of                                                                            Describing a Hazard That Needs
                                                                                                       the Act’s automated refund requirement
                                               bags that are delayed annually based on                                                                          Control in Documents Accompanying
                                                                                                       covers all bags that are delayed for more
                                               the 12 and 18 hour and 15 and 30 hour                                                                            the Food, as Required by Four Rules
                                               statutory timeframes, and lost bags. The                than a set number of hours, it will also
                                                                                                       cover ‘‘lost bags,’’ refunding fees                      Implementing the FDA Food Safety
                                               Department receives information on the                                                                           Modernization Act: Guidance for
                                               number of mishandled-baggage reports                    charged for which is already required by
                                                                                                                                                                Industry; Availability
                                               filed by passengers, but we do not have                 14 CFR 259.5(b)(3).6 As such, both bags
                                               data on how many of these are delayed                   delayed for more than the set number of                  AGENCY:   Food and Drug Administration,
                                               bags, and how many are lost.                            hours and bags that are considered                       HHS.
                                               Information on the number of delayed                    ‘‘lost’’ would be eligible for an                        ACTION:   Notification of availability.
                                               and lost bags that would be affected by                 automated refund.
                                                                                                                                                                SUMMARY:   The Food and Drug
                                               this rulemaking would help the                             The Department seeks comment on                       Administration (FDA, we, or Agency) is
                                               Department to better estimate the                       whether prescribing a specific                           announcing the availability of a draft
                                               impact this rule would have on                          mechanism for the carriers to use to                     guidance for industry entitled
                                               consumers and airlines.                                 provide the statutorily required                         ‘‘Describing a Hazard That Needs
                                               Method for Refunding Delayed Baggage                    automated refund would negatively or                     Control in Documents Accompanying
                                                  The Department is also seeking                       positively impact carriers and                           the Food, as Required by Four Rules
                                               comment on the appropriate method for                   consumers. What procedures would be                      Implementing the FDA Food Safety
                                               providing a refund for delayed baggage.                 necessary on interline itineraries, for                  Modernization Act: Guidance for
                                               The Department’s credit card refund                     which the carrier to whom the                            Industry.’’ This draft guidance explains
                                               regulation, 14 CFR part 374, implements                 passenger reports the delayed bag at his                 our current thinking on disclosure
                                               the Consumer Credit Protection Act and                  or her destination or stopover is not the                statements made by an entity, in
                                               Regulation Z of the Board of Governors                  carrier to whom the passenger had paid                   documents accompanying food, that
                                               of the Federal Reserve System, 15 U.S.C.                the baggage fee? In addition to soliciting               certain hazards have not been controlled
                                               1601–1693r and 12 CFR part 226                          comment on all of the issues and                         by that entity as required by certain
                                               (Regulation Z) with respect to air                      concerns identified above, we also                       provisions in four final rules. This
                                               carriers and foreign air carriers. It states            welcome and any other information                        document describes our current
                                               that when refunds are due on purchases                  relevant to this issue. This specifically                thinking on how to describe the hazard
                                               with a credit card, a carrier must                                                                               under each of the four rules and which
                                                                                                       includes comments and data on the cost
                                               transmit a credit statement to the credit                                                                        documents we consider to be
                                                                                                       impact on new-entrant carriers (many of
                                               card issuer within seven business days                                                                           ‘‘documents of the trade’’ for the
                                                                                                       whom do not have interline agreements)
                                               of receipt of full documentation for the                                                                         purpose of disclosure statements.
                                                                                                       of the time standard developed in this
                                               refund requested. In addition, the                                                                               DATES: Although you can comment on
                                                                                                       proceeding, and the cost impact on
                                               Department requires that, with respect                                                                           any guidance at any time (see 21 CFR
                                               to purchases with forms of payment                      regional airlines.
                                                                                                                                                                10.115(g)(5)), to ensure that we consider
                                               other than credit cards, an airline must                  Issued this 18th day of October, 2016, in              your comment on this draft guidance
                                               provide a refund within 20 days of                      Washington, DC.                                          before we begin work on the final
                                               receipt of full documentation of such a                 Anthony R. Foxx,                                         version of the guidance, submit either
                                               request. See 14 CFR 259.5(b)(5). The                    Secretary of Transportation.                             electronic or written comments on the
                                               Department applies these refund                         [FR Doc. 2016–26199 Filed 10–28–16; 8:45 am]             draft guidance by May 1, 2017. Submit
                                               standards to all refunds that are due to                                                                         either electronic or written comments
                                                                                                       BILLING CODE 4910–9X–P
                                               consumers, including airfare refunds                                                                             on the proposed collection of
                                               and ancillary fee refunds. In order to                                                                           information by May 1, 2017.
                                               receive a refund under Regulation Z, a                                                                           ADDRESSES: You may submit comments
                                               consumer must request the refund from                                                                            as follows:
                                               the carrier and provide all necessary
                                               supporting documents. In contrast, the                    6 We have not defined ‘‘lost’’ for purposes of 14      Electronic Submissions
                                               Act states that carriers should                         CFR 259.5(b)(3) mandating a refund of the baggage
                                                                                                                                                                  Submit electronic comments in the
                                                                                                       fee for lost bags. Instead, in a Frequently Asked
                                               ‘‘promptly provide an automated                         Questions document issued by the Department’s
                                                                                                                                                                following way:
                                               refund’’ to an eligible passenger when                  Office of Aviation Enforcement and Proceedings,            • Federal eRulemaking Portal: http://
                                               the carriers fail to meet the applicable                that office states that if a carrier unreasonably        www.regulations.gov. Follow the
                                               time limit in delivering the checked bag,               refuses to consider a bag to be lost after it has been   instructions for submitting comments.
                                               and the passenger has notified the                      missing for a considerable period of time, it could      Comments submitted electronically,
Lhorne on DSK30JT082PROD with PROPOSALS




                                               carrier of the lost or delayed checked                  be subject to enforcement action for violating the       including attachments, to http://
                                               baggage. Under the Act, an ‘‘automated                  statutory prohibition against unfair and deceptive       www.regulations.gov will be posted to
                                                                                                       practices. See, Answers to Frequently Asked
                                               refund’’ should be issued to passengers                                                                          the docket unchanged. Because your
                                                                                                       Questions Concerning the Enforcement of the
                                               as long as the delay has met the                        Second Final Rule on Enhancing Airline Passenger
                                                                                                                                                                comment will be made public, you are
                                               threshold timeframe and the passenger                   Protections (EAPP #2), last updated May 8, 2015,         solely responsible for ensuring that your
                                               has notified the carrier about the                      https://www.transportation.gov/sites/dot.gov/files/      comment does not include any
                                               delayed or lost bag. In that regard, we                 docs/EAPP_2_FAQ_2_0.pdf.                                 confidential information that you or a


                                          VerDate Sep<11>2014   14:09 Oct 28, 2016   Jkt 241001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\31OCP1.SGM    31OCP1


                                               75350                  Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules

                                               third party may not wish to be posted,                  the claimed confidential information, in               entitled ‘‘Current Good Manufacturing
                                               such as medical information, your or                    its consideration of comments. The                     Practice, Hazard Analysis, and Risk-
                                               anyone else’s Social Security number, or                second copy, which will have the                       Based Preventive Controls for Food for
                                               confidential business information, such                 claimed confidential information                       Animals,’’ contact Jeanette Murphy,
                                               as a manufacturing process. Please note                 redacted/blacked out, will be available                Center for Veterinary Medicine (HFV–
                                               that if you include your name, contact                  for public viewing and posted on http://               200), Food and Drug Administration,
                                               information, or other information that                  www.regulations.gov. Submit both                       7519 Standish Pl., Rockville, MD 20855,
                                               identifies you in the body of your                      copies to the Division of Dockets                      240–402–6246.
                                               comments, that information will be                      Management. If you do not wish your                      For questions regarding this draft
                                               posted on http://www.regulations.gov.                   name and contact information to be                     guidance as it relates to our regulation
                                                 • If you want to submit a comment                     made publicly available, you can                       entitled ‘‘Standards for the Growing,
                                               with confidential information that you                  provide this information on the cover                  Harvesting, Packing, and Holding of
                                               do not wish to be made available to the                 sheet and not in the body of your                      Produce for Human Consumption,’’
                                               public, submit the comment as a                         comments and you must identify this                    contact Samir Assar, Center for Food
                                               written/paper submission and in the                     information as ‘‘confidential.’’ Any                   Safety and Applied Nutrition (HFS–
                                               manner detailed (see ‘‘Written/Paper                    information marked as ‘‘confidential’’                 317), Food and Drug Administration,
                                               Submissions’’ and ‘‘Instructions’’).                    will not be disclosed except in                        5001 Campus Dr., College Park, MD
                                                                                                       accordance with 21 CFR 10.20 and other                 20740, 240–401–1636.
                                               Written/Paper Submissions                               applicable disclosure law. For more                      For questions regarding this draft
                                                  Submit written/paper submissions as                  information about FDA’s posting of                     guidance as it relates to our regulation
                                               follows:                                                comments to public dockets, see 80 FR                  entitled ‘‘Foreign Supplier Verification
                                                  • Mail/Hand delivery/Courier (for                    56469, September 18, 2015, or access                   Programs (FSVP) for Importers of Food
                                               written/paper submissions): Division of                 the information at: http://www.fda.gov/                for Humans and Animals,’’ contact
                                               Dockets Management (HFA–305), Food                      regulatoryinformation/dockets/                         Rebecca Buckner, Office of Food and
                                               and Drug Administration, 5630 Fishers                   default.htm.                                           Veterinary Medicine, Food and Drug
                                               Lane, Rm. 1061, Rockville, MD 20852.                       Docket: For access to the docket to
                                                                                                                                                              Administration, 10903 New Hampshire
                                                  • For written/paper comments                         read background documents or the
                                                                                                                                                              Ave., Silver Spring, MD 20993–0002,
                                               submitted to the Division of Dockets                    electronic and written/paper comments
                                                                                                                                                              301–796–4576.
                                               Management, FDA will post your                          received, go to http://
                                               comment, as well as any attachments,                    www.regulations.gov and insert the                     SUPPLEMENTARY INFORMATION:
                                               except for information submitted,                       docket number, found in brackets in the                I. Background
                                               marked and identified, as confidential,                 heading of this document, into the
                                               if submitted as detailed in                             ‘‘Search’’ box and follow the prompts                     We are announcing the availability of
                                               ‘‘Instructions.’’                                       and/or go to the Division of Dockets                   a draft guidance for industry entitled
                                                  Instructions: All submissions received               Management, 5630 Fishers Lane, Rm.                     ‘‘Describing a Hazard That Needs
                                               must include the Docket No. FDA–                        1061, Rockville, MD 20852.                             Control in Documents Accompanying
                                               2016–D–2841 for ‘‘Describing a Hazard                      Submit written requests for single                  the Food, as Required by Four Rules
                                               That Needs Control in Documents                         copies of the draft guidance to Center                 Implementing the FDA Food Safety
                                               Accompanying the Food, as Required by                   for Food Safety and Applied Nutrition                  Modernization Act: Guidance for
                                               Four Rules Implementing the FDA Food                    (HFS–300), Food and Drug                               Industry.’’ We are issuing the draft
                                               Safety Modernization Act: Guidance for                  Administration (HFS–300), 5001                         guidance consistent with FDA’s good
                                               Industry.’’ Received comments will be                   Campus Drive, College Park, MD 20740.                  guidance practices regulation (21 CFR
                                               placed in the docket and, except for                    Send two self-addressed adhesive labels                10.115). The draft guidance, when
                                               those submitted as ‘‘Confidential                       to assist that office in processing your               finalized, will represent the current
                                               Submissions,’’ publicly viewable at                     request. See the SUPPLEMENTARY                         thinking of FDA on this topic. It does
                                               http://www.regulations.gov or at the                    INFORMATION section for electronic                     not create or confer any rights for or on
                                               Division of Dockets Management                          access to the draft guidance.                          any person and does not operate to bind
                                               between 9 a.m. and 4 p.m., Monday                       FOR FURTHER INFORMATION CONTACT:                       FDA or the public. You can use an
                                               through Friday.                                         With regard to this draft guidance: For                alternate approach if it satisfies the
                                                  • Confidential Submissions—To                        questions regarding this draft guidance                requirements of the applicable statutes
                                               submit a comment with confidential                      as it relates to our regulation entitled               and regulations.
                                               information that you do not wish to be                  ‘‘Current Good Manufacturing Practice,                    The draft guidance relates to four of
                                               made publicly available, submit your                    Hazard Analysis, and Risk-Based                        the seven foundational rules that we
                                               comments only as a written/paper                        Preventive Controls for Human Food,’’                  have established in Title 21 of the Code
                                               submission. You should submit two                       contact Jenny Scott, Center for Food                   of Federal Regulations (21 CFR) as part
                                               copies total. One copy will include the                 Safety and Applied Nutrition, (HFS–                    of our implementation of the FDA Food
                                               information you claim to be confidential                300), Food and Drug Administration,                    Safety Modernization Act (FSMA) (Pub.
                                               with a heading or cover note that states                5001 Campus Dr., College Park, MD                      L. 111–353). Table 1 lists these four
                                               ‘‘THIS DOCUMENT CONTAINS                                20740, 240–402–2166.                                   rules. Each of these rules includes
                                               CONFIDENTIAL INFORMATION.’’ The                            For questions regarding this draft                  ‘‘customer provisions’’ as specified in
                                               Agency will review this copy, including                 guidance as it relates to our regulation               table 1.
Lhorne on DSK30JT082PROD with PROPOSALS




                                                                     TABLE 1—THE FOUR FOUNDATIONAL FSMA RULES RELEVANT TO THE DRAFT GUIDANCE
                                               Title and abbreviations for the purpose of this document             Regulatory codification           ‘‘Customer provisions’’          Publication

                                               Current Good Manufacturing Practice, Hazard Analysis,             21 CFR part 117 ...............   21 CFR 117.136(a)(2), (3),   80 FR 55908, September
                                                 and Risk-Based Preventive Controls for Human Food                                                   and (4).                     17, 2015.
                                                 (part 117).



                                          VerDate Sep<11>2014   14:09 Oct 28, 2016   Jkt 241001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\31OCP1.SGM   31OCP1


                                                                      Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules                                                 75351

                                                            TABLE 1—THE FOUR FOUNDATIONAL FSMA RULES RELEVANT TO THE DRAFT GUIDANCE—Continued
                                               Title and abbreviations for the purpose of this document             Regulatory codification           ‘‘Customer provisions’’               Publication

                                               Current Good Manufacturing Practice, Hazard Analysis,             21 CFR part 507 ...............   21 CFR 507.36(a)(2), (3),         80 FR 56170, September
                                                 and Risk-Based Preventive Controls for Food for Ani-                                                and (4).                          17, 2015.
                                                 mals (part 507).
                                               Standards for the Growing, Harvesting, Packing, and               21 CFR part 112 ...............   21 CFR 112.2(b) ...............   80 FR 74354, November
                                                 Holding of Produce for Human Consumption (produce                                                                                     27, 2015.
                                                 safety regulation).
                                               Foreign Supplier Verification Programs (FSVP) for Im-             21 CFR part 1, subpart L ..       21 CFR 1.507(a)(2)(i),            80 FR 74226, November
                                                 porters of Food for Humans and Animals (FSVP reg-                                                   (a)(3)(i), and (a)(4)(i).         27, 2015.
                                                 ulation).



                                                  The ‘‘customer provisions’’ of part                  of analysis, shipping documents,                       1061, Rockville, MD 20852, and are
                                               117 and part 507 each include a                         specifications, and terms and                          available for viewing by interested
                                               requirement for a ‘‘disclosure                          conditions).                                           persons between 9 a.m. and 4 p.m.,
                                               statement’’ in which a manufacturer/                       The trade association focused its                   Monday through Friday; they are also
                                               processor must disclose, in documents                   discussion on the requirements of part                 available electronically at http://
                                               accompanying the food, in accordance                    117, but noted that it had parallel                    www.regulations.gov.
                                               with the practice of the trade, that the                concerns for the analogous provisions of               1. Grocery Manufacturers Association, ‘‘21
                                               food is ‘‘not processed to control                      part 507 and the FSVP regulation (Ref.                     CFR 117.136. Industry Impacts from
                                               [identified hazard]’’ in certain                        1). Although the trade association did                     Disclosure and Written Assurance
                                               circumstances. Likewise, the ‘‘customer                 not express concern with the disclosure                    Requirements,’’ 2016.
                                               provisions’’ of the FSVP regulation                     statement in the produce safety
                                                                                                                                                                Dated: October 26, 2016.
                                               include a requirement for a ‘‘disclosure                regulation, we believe it will be helpful
                                                                                                                                                              Leslie Kux,
                                               statement’’ in which an importer must                   to businesses subject to the produce
                                                                                                       safety regulation, to include our current              Associate Commissioner for Policy.
                                               disclose, in documents accompanying
                                                                                                       thinking on the disclosure statement in                [FR Doc. 2016–26245 Filed 10–28–16; 8:45 am]
                                               the food, in accordance with the
                                               practice of the trade, that the food is                 all four rules that have requirements for              BILLING CODE 4164–01–P

                                               ‘‘not processed to control [identified                  a disclosure statement, not just the three
                                               hazard]’’ in certain circumstances. The                 rules mentioned by the trade
                                                                                                       association.                                           DEPARTMENT OF HEALTH AND
                                               ‘‘customer provisions’’ of the produce
                                                                                                                                                              HUMAN SERVICES
                                               safety regulation relate to an exemption                II. Paperwork Reduction Act of 1995
                                               from that regulation that includes a                                                                           Food and Drug Administration
                                                                                                          This draft guidance refers to
                                               requirement for a ‘‘disclosure
                                                                                                       previously approved collections of
                                               statement’’ in which a farm must                                                                               21 CFR Parts 16 and 58
                                                                                                       information found in FDA regulations.
                                               disclose, in documents accompanying
                                                                                                       These collections of information are
                                               the food, in accordance with the                                                                               [Docket No. FDA–2010–N–0548]
                                                                                                       subject to review by the Office of
                                               practice of the trade, that the food is
                                                                                                       Management and Budget (OMB) under
                                               ‘‘not processed to adequately reduce the                                                                       Good Laboratory Practice for
                                                                                                       the Paperwork Reduction Act of 1995
                                               presence of microorganisms of public                                                                           Nonclinical Laboratory Studies;
                                                                                                       (44 U.S.C. 3501–3520). The collections
                                               health significance.’’                                                                                         Extension of Comment Period
                                                                                                       of information in 21 CFR part 117 have
                                                  The draft guidance responds to
                                                                                                       been approved under OMB control                        AGENCY:     Food and Drug Administration,
                                               industry questions regarding these
                                                                                                       number 0910–0751. The collections of                   HHS.
                                               requirements for a disclosure statement.
                                                                                                       information in 21 CFR part 507 have                          Proposed rule; extension of
                                                                                                                                                              ACTION:
                                               On March 23, 2016, FDA met with a                       been approved under OMB control
                                               food trade association at their request to                                                                     comment period.
                                                                                                       number 0910–0789. The collections of
                                               listen to concerns regarding the                        information in 21 CFR part 112 have
                                               customer provisions of part 117 (Ref. 1),                                                                      SUMMARY:   The Food and Drug
                                                                                                       been approved under OMB control                        Administration (FDA) is extending the
                                               including concerns regarding the                        number 0910–0816. The collections of
                                               disclosure statement in part 117. At the                                                                       comment period for the proposed rule
                                                                                                       information in 21 CFR part 1, subpart L                that appeared in the Federal Register of
                                               meeting, the trade association expressed                have been approved under OMB control
                                               concern about providing a disclosure                                                                           August 24, 2016. In the proposed rule,
                                                                                                       number 0910–0752.                                      FDA requested comments on its
                                               statement when multiple hazards may
                                               be present, including chemical hazards                  III. Electronic Access                                 proposal to amend the regulations for
                                               (such as mycotoxins) and physical                                                                              good laboratory practice for nonclinical
                                                                                                          Persons with access to the Internet                 studies. The Agency is taking this action
                                               hazards (such as stones in raw                          may obtain the draft guidance at either
                                               agricultural commodities), as well as for                                                                      in response to requests for an extension
                                                                                                       http://www.fda.gov/FoodGuidances or                    to allow interested persons additional
                                               multiple biological hazards (such as                    http://www.regulations.gov. Use the
                                               microbial pathogens). The trade                                                                                time to submit comments.
Lhorne on DSK30JT082PROD with PROPOSALS




                                                                                                       FDA Web site listed in the previous
                                               association also asked us to allow a                                                                           DATES: FDA is extending the comment
                                                                                                       sentence to find the most current
                                               variety of types of documents that                      version of the guidance.                               period on the proposed rule published
                                               accompany the food to have the                                                                                 August 24, 2016 (81 FR 58342). Submit
                                               disclosure statement (e.g., contractual                 IV. References                                         either electronic or written comments
                                               agreements, Web sites referenced on                       The following references are on                      by January 21, 2017.
                                               labels and in contracts, labels, letters of             display in the Division of Dockets                     ADDRESSES: You may submit comments
                                               guarantee, shipment-specific certificates               Management, 5630 Fishers Lane, Rm.                     as follows:


                                          VerDate Sep<11>2014   14:09 Oct 28, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\31OCP1.SGM    31OCP1



Document Created: 2018-02-02 12:13:32
Document Modified: 2018-02-02 12:13:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of availability.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that we consider your comment on this draft guidance before we begin work on the final version of the guidance, submit either electronic or written comments on the draft guidance by May 1, 2017. Submit either electronic or written comments on the proposed collection of information by May 1, 2017.
ContactWith regard to this draft guidance: For questions regarding this draft guidance as it relates to our regulation entitled ``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food,'' contact Jenny Scott, Center for Food Safety and Applied Nutrition, (HFS-300), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2166.
FR Citation81 FR 75349 
CFR Citation21 CFR 1
21 CFR 112
21 CFR 117
21 CFR 507

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR