82_FR_42202 82 FR 42031 - Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption: What You Need To Know About the Food and Drug Administration Regulation; Small Entity Compliance Guide; Availability

82 FR 42031 - Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption: What You Need To Know About the Food and Drug Administration Regulation; Small Entity Compliance Guide; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42031-42032
FR Document2017-18811

The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a guidance for industry entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption: What You Need to Know About the FDA Regulation: Small Entity Compliance Guide.'' The small entity compliance guide (SECG) is intended to help small entities comply with the final rule entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.''

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42031-42032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18811]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 112

[Docket No. FDA-2011-N-0921]


Standards for the Growing, Harvesting, Packing, and Holding of 
Produce for Human Consumption: What You Need To Know About the Food and 
Drug Administration Regulation; Small Entity Compliance Guide; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
announcing the availability of a guidance for industry entitled 
``Standards for the Growing, Harvesting, Packing, and Holding of 
Produce for Human Consumption: What You Need to Know About the FDA 
Regulation: Small Entity Compliance Guide.'' The small entity 
compliance guide (SECG) is intended to help small entities comply with 
the final rule entitled ``Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption.''

DATES: The announcement of the guidance is published in the Federal 
Register on September 6, 2017.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff Office, 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-2011-N-0921 for ``What You Need to Know About the FDA Regulation: 
Standards for the Growing, Harvesting, Packing, and Holding of Produce 
for Human Consumption--Small Entity Compliance Guide.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff Office 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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this

[[Page 42032]]

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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    See the SUPPLEMENTARY INFORMATION section for electronic access to 
the SECG.

FOR FURTHER INFORMATION CONTACT: Samir Assar, Center for Food Safety 
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., 
College Park, MD 20740, 240-402-1636.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of November 27, 2015 (80 FR 74353), we 
issued a final rule entitled ``Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption'' (the final 
rule) that establishes science-based minimum standards for the safe 
growing, harvesting, packing, and holding of produce, meaning fruits 
and vegetables grown for human consumption. The final rule, which is 
codified at 21 CFR part 112, became effective January 26, 2016, but has 
staggered compliance dates starting January 26, 2017.
    We examined the economic implications of the final rule as required 
by the Regulatory Flexibility Act (5 U.S.C. 601-612) and determined 
that the final rule will have a significant economic impact on a 
substantial number of small entities. In compliance with section 212 of 
the Small Business Regulatory Enforcement Fairness Act (Pub. L. 104-
121, as amended by Pub. L. 110-28), we are making available the SECG to 
reduce the burden of determining how to comply by further explaining 
and clarifying the actions that a small entity must take to comply with 
the rule.
    We are issuing the SECG consistent with our good guidance practices 
regulation (21 CFR 10.115(c)(2)). The SECG represents the current 
thinking of FDA on this topic. It does not establish any rights for any 
person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations. This is not a significant regulatory action 
subject to Executive Order 12866 and does not impose any additional 
burden on regulated entities.

II. Paperwork Reduction Act of 1995

    This 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 part 112 have been approved under OMB 
control number 0910-0816.

III. Electronic Access

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

    Dated: August 30, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-18811 Filed 9-5-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                          Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations                                        42031

                                             Standards Branch, FAA, has the authority to               Issued in Kansas City, Missouri, on August          confidential business information, such
                                             approve AMOCs for this AD, if requested                 28, 2017.                                             as a manufacturing process. Please note
                                             using the procedures found in 14 CFR 39.19.             Melvin Johnson,                                       that if you include your name, contact
                                             Send information to ATTN: Mike Kiesov,                  Deputy Director, Policy and Innovation                information, or other information that
                                             Aerospace Engineer, Small Airplane                      Division, Aircraft Certification Service.             identifies you in the body of your
                                             Standards Branch, FAA 901 Locust, Room
                                                                                                     [FR Doc. 2017–18624 Filed 9–5–17; 8:45 am]            comments, that information will be
                                             301, Kansas City, Missouri 64106; telephone:
                                             (816) 329–4144; fax: (816) 329–4090; email:             BILLING CODE 4910–13–P                                posted on https://www.regulations.gov.
                                             mike.kiesov@faa.gov. Before using any
                                                                                                                                                             • If you want to submit a comment
                                             approved AMOC on any airplane to which                                                                        with confidential information that you
                                             the AMOC applies, notify your appropriate               DEPARTMENT OF HEALTH AND                              do not wish to be made available to the
                                             principal inspector (PI) in the FAA Flight              HUMAN SERVICES                                        public, submit the comment as a
                                             Standards District Office (FSDO), or lacking                                                                  written/paper submission and in the
                                             a PI, your local FSDO.                                  Food and Drug Administration                          manner detailed (see ‘‘Written/Paper
                                               (2) Contacting the Manufacturer: For any                                                                    Submissions’’ and ‘‘Instructions’’).
                                             requirement in this AD to obtain corrective             21 CFR Part 112
                                             actions from a manufacturer, the action must                                                                  Written/Paper Submissions
                                             be accomplished using a method approved                 [Docket No. FDA–2011–N–0921]                             Submit written/paper submissions as
                                             by the Manager, Small Airplane Standards                                                                      follows:
                                             Branch, FAA; or the European Aviation                   Standards for the Growing, Harvesting,                   • Mail/Hand delivery/Courier (for
                                             Safety Agency (EASA); or if there is a                  Packing, and Holding of Produce for                   written/paper submissions): Dockets
                                             delegated foreign airworthiness authority               Human Consumption: What You Need                      Management Staff (HFA–305), Food and
                                             Design Organization Approval (DOA). If                  To Know About the Food and Drug                       Drug Administration, 5630 Fishers
                                             approved by the DOA, the approval must                  Administration Regulation; Small                      Lane, Rm. 1061, Rockville, MD 20852.
                                             include the DOA-authorized signature.                   Entity Compliance Guide; Availability                    • For written/paper comments
                                             (h) Related Information
                                                                                                     AGENCY:    Food and Drug Administration,              submitted to the Dockets Management
                                               Refer to MCAI European Aviation Safety                                                                      Staff Office, FDA will post your
                                                                                                     HHS.
                                             Agency (EASA) AD No. 2017–0074, dated                                                                         comment, as well as any attachments,
                                             April 28, 2017. You may examine the MCAI                ACTION:   Notification of availability.               except for information submitted,
                                             on the Internet at https://                                                                                   marked and identified, as confidential,
                                             www.regulations.gov/document?D=FAA-
                                                                                                     SUMMARY:   The Food and Drug
                                                                                                     Administration (FDA, the Agency, or                   if submitted as detailed in
                                             2017-0638-0002.                                                                                               ‘‘Instructions.’’
                                                                                                     we) is announcing the availability of a
                                             (i) Material Incorporated by Reference                                                                           Instructions: All submissions received
                                                                                                     guidance for industry entitled
                                                                                                                                                           must include the Docket No. FDA–
                                                (1) The Director of the Federal Register             ‘‘Standards for the Growing, Harvesting,
                                             approved the incorporation by reference                                                                       2011–N–0921 for ‘‘What You Need to
                                                                                                     Packing, and Holding of Produce for
                                             (IBR) of the service information listed in this                                                               Know About the FDA Regulation:
                                                                                                     Human Consumption: What You Need
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR                                                                     Standards for the Growing, Harvesting,
                                                                                                     to Know About the FDA Regulation:
                                             part 51.                                                                                                      Packing, and Holding of Produce for
                                                                                                     Small Entity Compliance Guide.’’ The
                                                (2) You must use this service information                                                                  Human Consumption—Small Entity
                                             as applicable to do the actions required by
                                                                                                     small entity compliance guide (SECG) is
                                                                                                                                                           Compliance Guide.’’ Received
                                             this AD, unless this AD specifies otherwise.            intended to help small entities comply
                                                                                                                                                           comments will be placed in the docket
                                                (i) Diamond Aircraft Industries GmbH                 with the final rule entitled ‘‘Standards
                                                                                                                                                           and, except for those submitted as
                                             Mandatory Service Bulletin MSB 42–126/                  for the Growing, Harvesting, Packing,
                                                                                                                                                           ‘‘Confidential Submissions,’’ publicly
                                             MSB 42NG–066, dated March 27, 2017                      and Holding of Produce for Human
                                                                                                                                                           viewable at https://www.regulations.gov
                                             (single document).                                      Consumption.’’
                                                (ii) Diamond Aircraft Industries GmbH                                                                      or at the Dockets Management Staff
                                             Work Instruction WI–MSB 42–126/WI–MSB
                                                                                                     DATES: The announcement of the                        Office between 9 a.m. and 4 p.m.,
                                             42NG–066, dated March 27, 2017 (single                  guidance is published in the Federal                  Monday through Friday.
                                             document).                                              Register on September 6, 2017.                           • Confidential Submissions—To
                                                (3) For Diamond Aircraft Industries GmbH             ADDRESSES: You may submit either                      submit a comment with confidential
                                             service information identified in this AD,              electronic or written comments on                     information that you do not wish to be
                                             contact Diamond Aircraft Industries GmbH,               Agency guidances at any time as                       made publicly available, submit your
                                             N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt,             follows:                                              comments only as a written/paper
                                             Austria, telephone: +43 2622 26700; fax: +43                                                                  submission. You should submit two
                                             2622 26780; email: office@diamond-air.at;               Electronic Submissions                                copies total. One copy will include the
                                             Internet: http://www.diamondaircraft.com.
                                                (4) You may view this service information
                                                                                                       Submit electronic comments in the                   information you claim to be confidential
                                             at the FAA, Policy and Innovation Division,             following way:                                        with a heading or cover note that states
                                             901 Locust, Kansas City, Missouri 64106. For              • Federal eRulemaking Portal:                       ‘‘THIS DOCUMENT CONTAINS
                                             information on the availability of this                 https://www.regulations.gov. Follow the               CONFIDENTIAL INFORMATION.’’ The
                                             material at the FAA, call (816) 329–4148. In            instructions for submitting comments.                 Agency will review this copy, including
                                             addition, you can access this service                   Comments submitted electronically,                    the claimed confidential information, in
                                             information on the Internet at http://                  including attachments, to https://                    its consideration of comments. The
                                             www.regulations.gov by searching for and                www.regulations.gov will be posted to                 second copy, which will have the
                                             locating Docket No. FAA–2017–0638.                      the docket unchanged. Because your                    claimed confidential information
                                                (5) You may view this service information
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                                                                                                     comment will be made public, you are                  redacted/blacked out, will be available
                                             that is incorporated by reference at the
                                             National Archives and Records
                                                                                                     solely responsible for ensuring that your             for public viewing and posted on
                                             Administration (NARA). For information on               comment does not include any                          https://www.regulations.gov. Submit
                                             the availability of this material at NARA, call         confidential information that you or a                both copies to the Dockets Management
                                             202–741–6030, or go to: http://                         third party may not wish to be posted,                Staff. If you do not wish your name and
                                             www.archives.gov/federal-register/cfr/ibr-              such as medical information, your or                  contact information to be made publicly
                                             locations.html.                                         anyone else’s Social Security number, or              available, you can provide this


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                                             42032        Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations

                                             information on the cover sheet and not                  regulation (21 CFR 10.115(c)(2)). The                 ADDRESSES:    The docket for this
                                             in the body of your comments and you                    SECG represents the current thinking of               deviation, USCG–2017–0807, is
                                             must identify this information as                       FDA on this topic. It does not establish              available at http://www.regulations.gov.
                                             ‘‘confidential.’’ Any information marked                any rights for any person and is not                  Type the docket number in the
                                             as ‘‘confidential’’ will not be disclosed               binding on FDA or the public. You can                 ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                             except in accordance with 21 CFR 10.20                  use an alternative approach if it satisfies           Click on Open Docket Folder on the line
                                             and other applicable disclosure law. For                the requirements of the applicable                    associated with this deviation.
                                             more information about FDA’s posting                    statutes and regulations. This is not a               FOR FURTHER INFORMATION CONTACT: If
                                             of comments to public dockets, see 80                   significant regulatory action subject to              you have questions on this temporary
                                             FR 56469, September 18, 2015, or access                 Executive Order 12866 and does not                    deviation, call or email James M. Moore,
                                             the information at: https://www.gpo.gov/                impose any additional burden on                       Bridge Management Specialist, First
                                             fdsys/pkg/FR-2015-09-18/pdf/2015-                       regulated entities.                                   District Bridge Branch, U.S. Coast
                                             23389.pdf.                                                                                                    Guard; telephone 212–514–4334, email
                                                                                                     II. Paperwork Reduction Act of 1995
                                                Docket: For access to the docket to                                                                        James.M.Moore2@uscg.mil.
                                             read background documents or the                          This guidance refers to previously                  SUPPLEMENTARY INFORMATION: The owner
                                             electronic and written/paper comments                   approved collections of information                   of the bridge, the New York City
                                             received, go to https://                                found in FDA regulations. These                       Department of Transportation, requested
                                             www.regulations.gov and insert the                      collections of information are subject to             a temporary deviation in order to
                                             docket number, found in brackets in the                 review by the Office of Management and                facilitate planned repairs of the bridge
                                             heading of this document, into the                      Budget (OMB) under the Paperwork                      including replacement of the grease
                                             ‘‘Search’’ box and follow the prompts                   Reduction Act of 1995 (44 U.S.C. 3501–                piping system as well as installation of
                                             and/or go to the Dockets Management                     3520). The collections of information in              new span lock shoes, steel shims and
                                             Staff, 5630 Fishers Lane, Rm. 1061,                     part 112 have been approved under                     horizontal/vertical bolts.
                                             Rockville, MD 20852.                                    OMB control number 0910–0816.                            The Pulaski Bridge across Newtown
                                                See the SUPPLEMENTARY INFORMATION                                                                          Creek, mile 0.6 at New York City, New
                                                                                                     III. Electronic Access
                                             section for electronic access to the                                                                          York is a double-leaf bascule bridge
                                             SECG.                                                      Persons with access to the Internet                with a vertical clearance of 39 feet at
                                                                                                     may obtain the SECG at either https://                mean high water and 43 feet at mean
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     www.fda.gov/FoodGuidances, or https://                low water in the closed position. The
                                             Samir Assar, Center for Food Safety and
                                                                                                     www.regulations.gov. Use the FDA Web                  existing drawbridge operating
                                             Applied Nutrition, Food and Drug
                                                                                                     site listed in the previous sentence to               regulations are listed at 33 CFR
                                             Administration, 5001 Campus Dr.,
                                                                                                     find the most current version of the                  117.801(g)(1)–(2).
                                             College Park, MD 20740, 240–402–1636.
                                                                                                     guidance.                                                The temporary deviation will allow
                                             SUPPLEMENTARY INFORMATION:
                                                                                                       Dated: August 30, 2017.                             the Pulaski Bridge to remain closed each
                                             I. Background                                           Anna K. Abram,                                        Tuesday, Wednesday, Thursday, Friday
                                                In the Federal Register of November                  Deputy Commissioner for Policy, Planning,             and Saturday from 12:01 a.m. to 5 a.m.
                                             27, 2015 (80 FR 74353), we issued a                     Legislation, and Analysis.                            beginning September 19, 2017 until
                                             final rule entitled ‘‘Standards for the                 [FR Doc. 2017–18811 Filed 9–5–17; 8:45 am]
                                                                                                                                                           December 30, 2017. The waterway is
                                             Growing, Harvesting, Packing, and                                                                             transited by tug/barge traffic of various
                                                                                                     BILLING CODE 4164–01–P
                                             Holding of Produce for Human                                                                                  sizes. Coordination with waterway users
                                             Consumption’’ (the final rule) that                                                                           has indicated no objections to the
                                             establishes science-based minimum                                                                             proposed closure of the draw.
                                                                                                     DEPARTMENT OF HOMELAND                                   Vessels that can pass under the bridge
                                             standards for the safe growing,                         SECURITY
                                             harvesting, packing, and holding of                                                                           without an opening may do so at all
                                             produce, meaning fruits and vegetables                  Coast Guard                                           times. The bridge will not be able to
                                             grown for human consumption. The                                                                              open for emergencies. There is no
                                             final rule, which is codified at 21 CFR                 33 CFR Part 117                                       alternate route for vessels to pass.
                                                                                                                                                              The Coast Guard will also inform the
                                             part 112, became effective January 26,                  [Docket No. USCG–2017–0807]                           users of the waterways through our
                                             2016, but has staggered compliance
                                                                                                                                                           Local and Broadcast Notices to Mariners
                                             dates starting January 26, 2017.                        Drawbridge Operation Regulation;                      of the change in operating schedule for
                                                We examined the economic                             Newtown Creek, New York, NY                           the bridge so vessel operators may
                                             implications of the final rule as required
                                                                                                     AGENCY: Coast Guard, DHS.                             arrange their transits to minimize any
                                             by the Regulatory Flexibility Act (5
                                                                                                                                                           impact caused by the temporary
                                             U.S.C. 601–612) and determined that                     ACTION:Notice of deviation from
                                                                                                                                                           deviation.
                                             the final rule will have a significant                  drawbridge regulation.                                   In accordance with 33 CFR 117.35(e),
                                             economic impact on a substantial                                                                              the drawbridge must return to its regular
                                             number of small entities. In compliance                 SUMMARY:   The Coast Guard has issued a
                                                                                                     temporary deviation from the operating                operating schedule immediately at the
                                             with section 212 of the Small Business                                                                        end of the effective period of this
                                             Regulatory Enforcement Fairness Act                     schedule that governs the Pulaski Bridge
                                                                                                     across Newtown Creek, mile 0.6 at New                 temporary deviation. This deviation
                                             (Pub. L. 104–121, as amended by Pub.                                                                          from the operating regulations is
                                             L. 110–28), we are making available the                 York City, New York. This deviation is
                                                                                                     necessary to facilitate planned repairs               authorized under 33 CFR 117.35.
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                                             SECG to reduce the burden of
                                             determining how to comply by further                    and will allow the owner to temporarily                 Dated: August 31, 2017.
                                             explaining and clarifying the actions                   close the draw during weeknights for                  Christopher J. Bisignano,
                                             that a small entity must take to comply                 periods not to exceed five hours.                     Supervisory Bridge Management Specialist,
                                             with the rule.                                          DATES: This deviation is effective from               First Coast Guard District.
                                                We are issuing the SECG consistent                   12:01 a.m. on September 19, 2017                      [FR Doc. 2017–18822 Filed 9–5–17; 8:45 am]
                                             with our good guidance practices                        through 5 a.m. on December 30, 2017.                  BILLING CODE 9110–04–P




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Document Created: 2017-09-06 00:56:41
Document Modified: 2017-09-06 00:56:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of availability.
DatesThe announcement of the guidance is published in the Federal Register on September 6, 2017.
ContactSamir Assar, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1636.
FR Citation82 FR 42031 

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