82_FR_45480 82 FR 45293 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Canning Establishment Registration, Process Filing, and Recordkeeping for Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically Sealed Containers

82 FR 45293 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Canning Establishment Registration, Process Filing, and Recordkeeping for Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically Sealed Containers

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45293-45295
FR Document2017-20791

The Food and Drug Administration (FDA or we) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45293-45295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20791]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1119]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Food Canning 
Establishment Registration, Process Filing, and Recordkeeping for 
Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically 
Sealed Containers

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing 
that a proposed collection of information has been submitted to the 
Office of Management and Budget (OMB) for review and clearance under 
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October 
30, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0037. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

I. Background

Food Canning Establishment Registration, Process Filing, and 
Recordkeeping for Acidified Foods and Thermally Processed Low-Acid 
Foods in Hermetically Sealed Containers 21 CFR 108.25 and 108.35, and 
Parts 113 and 114

OMB Control Number 0910-0037--Extension

    Section 402 of the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act) (21 U.S.C. 342) deems a food to be adulterated, in part, if the 
food bears or contains any poisonous or deleterious substance that may 
render it injurious to health. Section 301(a) of the FD&C Act (21 
U.S.C. 331(a)) prohibits the introduction or delivery for introduction 
into interstate commerce of adulterated food. Under section 404 of the 
FD&C Act (21 U.S.C. 344), our regulations require registration of food 
processing establishments, filing of process or other data, and 
maintenance of processing and production records for acidified foods 
and thermally processed low-acid foods in hermetically sealed 
containers. These requirements are intended to ensure safe 
manufacturing, processing, and packing procedures, and to permit us to 
verify that these procedures are being followed. Improperly processed 
low-acid foods present life-threatening hazards if contaminated with 
foodborne microorganisms, especially Clostridium botulinum. The spores 
of C. botulinum need to be destroyed or inhibited to avoid production 
of the deadly toxin that causes botulism. This is accomplished with 
good manufacturing procedures, which must include the use of adequate 
heat processes or other means of preservation.
    To protect the public health, our regulations require that each 
firm that manufactures, processes, or packs acidified foods or 
thermally processed low-acid foods in hermetically sealed containers 
for introduction into interstate commerce register the establishment 
with us using Form FDA 2541 (Sec. Sec.  108.25(c)(1) and 108.35(c)(2) 
(21 CFR 108.25(c)(1) and 108.35(c)(2)). In addition to registering the 
plant, each firm is required to provide data on the processes used to 
produce these foods, using Forms FDA 2541d, FDA 2541e,

[[Page 45294]]

and FDA 2541f for all methods except aseptic processing, or Form FDA 
2541g for aseptic processing of low-acid foods in hermetically sealed 
containers (Sec. Sec.  108.25(c)(2) and 108.35(c)(2)). Plant 
registration and process filing may be accomplished simultaneously. 
Process data must be filed prior to packing any new product, and 
operating processes and procedures must be posted near the processing 
equipment or made available to the operator (21 CFR 113.87(a)).
    Regulations in parts 108, 113, and 114 (21 CFR parts 108, 113, and 
114) require firms to maintain records showing adherence to the 
substantive requirements of the regulations. These records must be made 
available to FDA on request. Firms also must document corrective 
actions when process controls and procedures do not fall within 
specified limits (Sec. Sec.  113.89, 114.89, and 114.100(c)); to report 
any instance of potential health-endangering spoilage, process 
deviation, or contamination with microorganisms where any lot of the 
food has entered distribution in commerce (Sec. Sec.  108.25(d) and 
108.35(d) and (e)); and to develop and keep on file plans for recalling 
products that may endanger the public health (Sec. Sec.  108.25(e) and 
108.35(f)). To permit lots to be traced after distribution, acidified 
foods and thermally processed low-acid foods in hermetically sealed 
containers must be marked with an identifying code (Sec.  113.60(c)) 
(thermally processed foods) and Sec.  114.80(b) (acidified foods)).
    The records of processing information are periodically reviewed 
during factory inspections by FDA to verify fulfillment of the 
requirements in parts 113 or 114. Scheduled thermal processes are 
examined and reviewed to determine their adequacy to protect public 
health. In the event of a public health emergency, records are used to 
pinpoint potentially hazardous foods rapidly and thus limit recall 
activity to affected lots.
    As described in our regulations, processors may obtain the paper 
versions of Forms FDA 2541, FDA 2541d, FDA 2541e, FDA 2541f, and FDA 
2541g by contacting us at a particular address or by visiting https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. Processors mail completed 
paper forms to us. However, processors who are subject to Sec.  108.25, 
Sec.  108.35, or both, have an option to submit Forms FDA 2541, FDA 
2541d, FDA 2541e, FDA 2541f, and FDA 2541g electronically (Ref. 1).
    Although we encourage commercial processors to use the electronic 
submission system for plant registration and process filing, we will 
continue to make paper-based forms available. To standardize the burden 
associated with process filing, regardless of whether the process 
filing is submitted electronically or using a paper form, we are 
offering the public the opportunity to use four forms, each of which 
pertains to a specific type of commercial processing and is available 
both on the electronic submission system and as a paper-based form. The 
electronic submission system and paper-based form ``mirror'' each other 
to the extent practicable. The four process filing forms are as 
follows:
     Form FDA 2541d (Food Process Filing for Low-Acid Retorted 
Method) (Ref. 2);
     Form FDA 2541e (Food Process Filing for Acidified Method) 
(Ref. 3);
     Form FDA 2541f (Food Process Filing for Water Activity/
Formulation Control Method) (Ref. 4); and
     Form FDA 2541g (Food Process Filing for Low-Acid Aseptic 
Systems) (Ref. 5).
    At this time, the paper-based versions of the four forms and their 
instructions are all available for review as references to this 
document (Refs. 2 through 5) or at https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm.
    Description of Respondents: The respondents to this information 
collection are commercial processors and packers of acidified foods and 
thermally processed low-acid foods in hermetically sealed containers.
    In the Federal Register of June 20, 2017 (82 FR 28069), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. While no comments were submitted to the 
docket, it was noted that the notice included an inadvertent reference 
to outdated forms. We regret this oversight and have made appropriate 
corrections in this notice. The forms developed in support of the 
information collection are intended to minimize burden on respondents 
while maximizing utility for FDA, and thus we are continuously open to 
suggestions on how they might be improved.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Average
                                                             FDA  form       Number of       Number of     Total  annual    burden per
                     21 CFR section                           number        respondents    responses per     responses       response       Total hours
                                                                                            respondent                       (minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.  Sec.   108.25(c)(1) and 108.35(c)(2); Food canning            2541             645               1             645            0.17             110
 establishment registration.............................                                                                            (10)
Sec.   108.25(c)(2); Food process filing for acidified             2541e             726              11           7,986           0.333           2,659
 method.................................................                                                                            (20)
Sec.   108.35(c)(2); Food process filing for low-acid              2541d             336              12           4,032           0.333           1,343
 retorted method........................................                                                                            (20)
Sec.   108.35(c)(2); Food process filing for water                 2541f              37               6             222           0.333              74
 activity/formulation control method....................                                                                            (20)
Sec.   108.35(c)(2); Food process filing for low-acid              2541g              42              22             924            0.75             693
 aseptic systems........................................                                                                            (45)

[[Page 45295]]

 
Sec.  Sec.   108.25(d) and 108.35(d) and (e); Report of              N/A               1               1               1               4               4
 any instance of potential health endangering spoilage,
 process deviation, or contamination with microorganisms
 where any lot of the food has entered distribution in
 commerce...............................................
    Total...............................................  ..............  ..............  ..............  ..............           4,883
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimate of the number of respondents in table 1 on 
registrations, process filings, and reports received over the past 3 
years. The hours per response reporting estimates are based on our 
experience with similar programs and information received from 
industry. The reporting burden for Sec. Sec.  108.25(d) and 108.35(d) 
and (e) is minimal because notification of spoilage, process deviation, 
or contamination of product in distribution occurs less than once a 
year. Most firms discover these problems before the product is 
distributed, and are therefore not required to report the occurrence. 
We estimate that we will receive one report annually under Sec. Sec.  
108.25(d) and 108.35(d) and (e). The report is expected to take 4 hours 
per response, for a total of 4 hours.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of                       Average  burden
                           21 CFR part                                Number of        records per      Total annual          per          Total hours
                                                                    recordkeepers     recordkeeper        records        recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
108, 113, and 114...............................................           10,392                 1           10,392               250        2,598,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimate of 10,392 recordkeepers in table 2 on its 
records of the number of registered firms, excluding firms that were 
inactive or out of business, yet still registered. To avoid double-
counting, we have not included estimates for Sec. Sec.  108.25(g), 
108.35(c)(2)(ii), and 108.35(h) because they merely cross-reference 
recordkeeping requirements contained in parts 113 and 114 and have been 
accounted for in the recordkeeping burden estimate. We estimate that 
10,392 firms will expend approximately 250 hours per year to fully 
satisfy the recordkeeping requirements in parts 108, 113 and 114, for a 
total of 2,598,000 hours.
    Finally, our regulations require that processors mark thermally 
processed low-acid foods in hermetically sealed containers (Sec.  
113.60(c)) and acidified foods (Sec.  114.80(b)) with an identifying 
code to permit lots to be traced after distribution. We seek OMB 
approval of the third-party disclosure requirements in Sec. Sec.  
113.60(c) and 114.80(b). However, we have not included a separate table 
to report the estimated burden of these regulations. No burden has been 
estimated for the third-party disclosure requirements in Sec. Sec.  
113.60(c) and 114.80(b) because the coding process is done as a usual 
and customary part of normal business activities. Coding is a business 
practice in foods for liability purposes, inventory control, and 
process control in the event of a problem. Under 5 CFR 1320.3(b)(2), 
the time, effort, and financial resources necessary to comply with a 
collection of information are excluded from the burden estimate if the 
reporting, recordkeeping, or disclosure activities needed to comply are 
usual and customary because they would occur in the normal course of 
activities. The burden for this information collection has not changed 
since the last OMB approval.

II. References

    The following references are on display in the Dockets Management 
Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 
1061, Rockville, MD 20852, and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at https://www.regulations.gov/. FDA has 
verified the Web site addresses as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. FDA 2016. ``Guidance for Industry: Submitting Form FDA 2541 (Food 
Canning Establishment Registration) and Forms FDA 2541d, FDA 2541e, 
FDA 2541f, and FDA 2541g (Food Process Filing Forms) to FDA in 
Electronic or Paper Format.'' Available at https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/AcidifiedLACF/ucm309376.htm.
2. Form FDA 2541d. Food Process Filing for Low-Acid Retorted Method. 
Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465591.pdf.
3. Form FDA 2541e. Food Process Filing for Acidified Method. 
Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465593.pdf.
4. Form FDA 2541f. Food Process Filing for Water Activity/
Formulation Control Method. Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465595.pdf.
5. Form FDA 2541g. Food Process Filing for Low-Acid Aseptic Systems. 
Available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM465598.pdf.

    Dated: September 22, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20791 Filed 9-27-17; 8:45 am]
 BILLING CODE 4164-01-P



                              Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices                                           45293

     FDA’s normal procedures for timely                      V. Reference                                          Landsdown St., North Bethesda, MD
     payment of the PDUFA fee for the                          The following reference is on display               20852, 301–796–7726, PRAStaff@
     human drug application.                                 in the Dockets Management Staff (HFA–                 fda.hhs.gov.
        Payment must be made in U.S.                         305), Food and Drug Administration,                   SUPPLEMENTARY INFORMATION:    In
     currency by electronic check, check,                    5630 Fishers Lane, Rm. 1061, Rockville,               compliance with 44 U.S.C. 3507, FDA
     bank draft, wire transfer, credit card, or              MD 20852, and is available for viewing                has submitted the following proposed
     U.S. postal money order payable to the                  by interested persons between 9 a.m.                  collection of information to OMB for
     order of the Food and Drug                              and 4 p.m., Monday through Friday.                    review and clearance.
     Administration. The preferred payment
     method is online using electronic check                 1. Ridley, D.B., H.G. Grabowski, and J.L. Moe,        I. Background
                                                                  ‘‘Developing Drugs for Developing
     (Automated Clearing House (ACH) also                                                                          Food Canning Establishment
                                                                  Countries,’’ Health Affairs, vol. 25, no. 2,
     known as eCheck). Secure electronic                          pp. 313–324, 2006.                               Registration, Process Filing, and
     payments can be submitted using the                                                                           Recordkeeping for Acidified Foods and
     User Fees Payment Portal at https://                      Dated: September 22, 2017.
                                                                                                                   Thermally Processed Low-Acid Foods
     userfees.fda.gov/pay (Note: Only full                   Anna K. Abram,
                                                                                                                   in Hermetically Sealed Containers 21
     payments are accepted. No partial                       Deputy Commissioner for Policy, Planning,             CFR 108.25 and 108.35, and Parts 113
     payments can be made online). Once                      Legislation, and Analysis.
                                                                                                                   and 114
     you search for your invoice, select ‘‘Pay               [FR Doc. 2017–20798 Filed 9–27–17; 8:45 am]
     Now’’ to be redirected to Pay.gov. Note                 BILLING CODE 4164–01–P                                OMB Control Number 0910–0037—
     that electronic payment options are                                                                           Extension
     based on the balance due. Payment by                                                                             Section 402 of the Federal Food, Drug,
     credit card is available for balances that              DEPARTMENT OF HEALTH AND                              and Cosmetic Act (the FD&C Act) (21
     are less than $25,000. If the balance                   HUMAN SERVICES                                        U.S.C. 342) deems a food to be
     exceeds this amount, only the ACH                                                                             adulterated, in part, if the food bears or
     option is available. Payments must be                   Food and Drug Administration
                                                                                                                   contains any poisonous or deleterious
     made using U.S bank accounts as well                    [Docket No. FDA–2013–N–1119]                          substance that may render it injurious to
     as U.S. credit cards.                                                                                         health. Section 301(a) of the FD&C Act
        If paying with a paper check the                     Agency Information Collection                         (21 U.S.C. 331(a)) prohibits the
     invoice number should be included on                    Activities; Submission for Office of                  introduction or delivery for introduction
     the check, followed by the words ‘‘Rare                 Management and Budget Review;                         into interstate commerce of adulterated
     Pediatric Disease Priority Review.’’ All                Comment Request; Food Canning                         food. Under section 404 of the FD&C
     paper checks must be in U.S. currency                   Establishment Registration, Process                   Act (21 U.S.C. 344), our regulations
     from a U.S. bank made payable and                       Filing, and Recordkeeping for Acidified               require registration of food processing
     mailed to: Food and Drug                                Foods and Thermally Processed Low-                    establishments, filing of process or other
     Administration, P.O. Box 979107, St.                    Acid Foods in Hermetically Sealed                     data, and maintenance of processing
     Louis, MO 63197–9000.                                   Containers                                            and production records for acidified
        If checks are sent by a courier that                 AGENCY:    Food and Drug Administration,              foods and thermally processed low-acid
     requests a street address, the courier can              HHS.                                                  foods in hermetically sealed containers.
     deliver the checks to: U.S. Bank,                                                                             These requirements are intended to
                                                             ACTION:   Notice.
     Attention: Government Lockbox 979107,                                                                         ensure safe manufacturing, processing,
     1005 Convention Plaza, St. Louis, MO                    SUMMARY:   The Food and Drug                          and packing procedures, and to permit
     63101. (Note: This U.S. Bank address is                 Administration (FDA or we) is                         us to verify that these procedures are
     for courier delivery only. If you have                  announcing that a proposed collection                 being followed. Improperly processed
     any questions concerning courier                        of information has been submitted to the              low-acid foods present life-threatening
     delivery contact the U.S. Bank at 314–                  Office of Management and Budget                       hazards if contaminated with foodborne
     418–4013. This telephone number is                      (OMB) for review and clearance under                  microorganisms, especially Clostridium
     only for questions about courier                        the Paperwork Reduction Act of 1995.                  botulinum. The spores of C. botulinum
     delivery). The FDA post office box                                                                            need to be destroyed or inhibited to
                                                             DATES: Fax written comments on the
     number (P.O. Box 979107) must be                                                                              avoid production of the deadly toxin
                                                             collection of information by October 30,
     written on the check. If needed, FDA’s                                                                        that causes botulism. This is
                                                             2017.
     tax identification number is 53–                                                                              accomplished with good manufacturing
     0196965.                                                ADDRESSES: To ensure that comments on
                                                                                                                   procedures, which must include the use
        If paying by wire transfer, please                   the information collection are received,              of adequate heat processes or other
     reference your invoice number when                      OMB recommends that written                           means of preservation.
     completing your transfer. The                           comments be faxed to the Office of                       To protect the public health, our
     originating financial institution may                   Information and Regulatory Affairs,                   regulations require that each firm that
     charge a wire transfer fee. If the                      OMB, Attn: FDA Desk Officer, Fax: 202–                manufactures, processes, or packs
     financial institution charges a wire                    395–7285, or emailed to oira_                         acidified foods or thermally processed
     transfer fee it is required to add that                 submission@omb.eop.gov. All                           low-acid foods in hermetically sealed
     amount to the payment to ensure that                    comments should be identified with the                containers for introduction into
     the invoice is paid in full. The account                OMB control number 0910–0037. Also                    interstate commerce register the
     information is as follows: U.S. Dept. of                include the FDA docket number found                   establishment with us using Form FDA
     Treasury, TREAS NYC, 33 Liberty St.,                    in brackets in the heading of this                    2541 (§§ 108.25(c)(1) and 108.35(c)(2)
     New York, NY 10045, Account Number:                     document.                                             (21 CFR 108.25(c)(1) and 108.35(c)(2)).
     75060099, Routing Number: 021030004,                    FOR FURTHER INFORMATION CONTACT:    Ila               In addition to registering the plant, each
     SWIFT: FRNYUS33, Beneficiary: FDA,                      S. Mizrachi, Office of Operations, Food               firm is required to provide data on the
     8455 Colesville Rd., 14th Floor, Silver                 and Drug Administration, Three White                  processes used to produce these foods,
     Spring, MD 20993–0002.                                  Flint North, 10A–12M, 11601                           using Forms FDA 2541d, FDA 2541e,


VerDate Sep<11>2014   18:44 Sep 27, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


     45294                              Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

     and FDA 2541f for all methods except                                    examined and reviewed to determine                         • Form FDA 2541e (Food Process
     aseptic processing, or Form FDA 2541g                                   their adequacy to protect public health.                Filing for Acidified Method) (Ref. 3);
     for aseptic processing of low-acid foods                                In the event of a public health                            • Form FDA 2541f (Food Process
     in hermetically sealed containers                                       emergency, records are used to pinpoint                 Filing for Water Activity/Formulation
     (§§ 108.25(c)(2) and 108.35(c)(2)). Plant                               potentially hazardous foods rapidly and                 Control Method) (Ref. 4); and
     registration and process filing may be                                  thus limit recall activity to affected lots.
     accomplished simultaneously. Process                                      As described in our regulations,                         • Form FDA 2541g (Food Process
     data must be filed prior to packing any                                 processors may obtain the paper                         Filing for Low-Acid Aseptic Systems)
     new product, and operating processes                                    versions of Forms FDA 2541, FDA                         (Ref. 5).
     and procedures must be posted near the                                  2541d, FDA 2541e, FDA 2541f, and FDA                       At this time, the paper-based versions
     processing equipment or made available                                  2541g by contacting us at a particular                  of the four forms and their instructions
     to the operator (21 CFR 113.87(a)).                                     address or by visiting https://                         are all available for review as references
        Regulations in parts 108, 113, and 114                               www.fda.gov/Food/Guidance                               to this document (Refs. 2 through 5) or
     (21 CFR parts 108, 113, and 114) require                                Regulation/FoodFacilityRegistration/                    at https://www.fda.gov/Food/Guidance
     firms to maintain records showing                                       AcidifiedLACFRegistration/                              Regulation/FoodFacilityRegistration/
     adherence to the substantive                                            ucm2007436.htm. Processors mail                         AcidifiedLACFRegistration/
     requirements of the regulations. These                                  completed paper forms to us. However,                   ucm2007436.htm.
     records must be made available to FDA                                   processors who are subject to § 108.25,
     on request. Firms also must document                                    § 108.35, or both, have an option to                       Description of Respondents: The
     corrective actions when process controls                                submit Forms FDA 2541, FDA 2541d,                       respondents to this information
     and procedures do not fall within                                       FDA 2541e, FDA 2541f, and FDA 2541g                     collection are commercial processors
     specified limits (§§ 113.89, 114.89, and                                electronically (Ref. 1).                                and packers of acidified foods and
     114.100(c)); to report any instance of                                    Although we encourage commercial                      thermally processed low-acid foods in
     potential health-endangering spoilage,                                  processors to use the electronic                        hermetically sealed containers.
     process deviation, or contamination                                     submission system for plant registration                   In the Federal Register of June 20,
     with microorganisms where any lot of                                    and process filing, we will continue to                 2017 (82 FR 28069), FDA published a
     the food has entered distribution in                                    make paper-based forms available. To                    60-day notice requesting public
     commerce (§§ 108.25(d) and 108.35(d)                                    standardize the burden associated with                  comment on the proposed collection of
     and (e)); and to develop and keep on file                               process filing, regardless of whether the               information. While no comments were
     plans for recalling products that may                                   process filing is submitted electronically              submitted to the docket, it was noted
     endanger the public health (§§ 108.25(e)                                or using a paper form, we are offering                  that the notice included an inadvertent
     and 108.35(f)). To permit lots to be                                    the public the opportunity to use four
                                                                                                                                     reference to outdated forms. We regret
     traced after distribution, acidified foods                              forms, each of which pertains to a
                                                                                                                                     this oversight and have made
     and thermally processed low-acid foods                                  specific type of commercial processing
                                                                                                                                     appropriate corrections in this notice.
     in hermetically sealed containers must                                  and is available both on the electronic
                                                                                                                                     The forms developed in support of the
     be marked with an identifying code                                      submission system and as a paper-based
                                                                                                                                     information collection are intended to
     (§ 113.60(c)) (thermally processed foods)                               form. The electronic submission system
     and § 114.80(b) (acidified foods)).                                     and paper-based form ‘‘mirror’’ each                    minimize burden on respondents while
        The records of processing information                                other to the extent practicable. The four               maximizing utility for FDA, and thus we
     are periodically reviewed during factory                                process filing forms are as follows:                    are continuously open to suggestions on
     inspections by FDA to verify fulfillment                                  • Form FDA 2541d (Food Process                        how they might be improved.
     of the requirements in parts 113 or 114.                                Filing for Low-Acid Retorted Method)                       FDA estimates the burden of this
     Scheduled thermal processes are                                         (Ref. 2);                                               collection of information as follows:

                                                                    TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                         Average
                                                                                                                   Number of            Total
                                                                            FDA              Number of                                                 burden per
                        21 CFR section                                                                           responses per         annual                         Total hours
                                                                        form number         respondents                                                 response
                                                                                                                   respondent        responses          (minutes)

     §§ 108.25(c)(1) and 108.35(c)(2); Food
       canning establishment registration .......                                  2541                    645                 1               645            0.17             110
                                                                                                                                                              (10)
     § 108.25(c)(2); Food process filing for
        acidified method ...................................                       2541e                   726                11              7,986          0.333           2,659
                                                                                                                                                               (20)
     § 108.35(c)(2); Food process filing for
        low-acid retorted method ......................                            2541d                   336                12              4,032          0.333           1,343
                                                                                                                                                               (20)
     § 108.35(c)(2); Food process filing for
        water activity/formulation control meth-
        od ..........................................................              2541f                    37                 6               222           0.333              74
                                                                                                                                                               (20)
     § 108.35(c)(2); Food process filing for
        low-acid aseptic systems .....................                             2541g                    42                22               924            0.75             693
                                                                                                                                                              (45)




VerDate Sep<11>2014         18:44 Sep 27, 2017          Jkt 241001      PO 00000    Frm 00039   Fmt 4703    Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                       Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices                                                                                    45295

                                                      TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                                     Average
                                                                                                                              Number of                     Total
                                                                          FDA                     Number of                                                                        burden per
                       21 CFR section                                                                                       responses per                  annual                                  Total hours
                                                                      form number                respondents                                                                        response
                                                                                                                              respondent                 responses                  (minutes)

     §§ 108.25(d) and 108.35(d) and (e); Re-
       port of any instance of potential health
       endangering spoilage, process devi-
       ation, or contamination with microorga-
       nisms where any lot of the food has
       entered distribution in commerce .........                                      N/A                            1                          1                          1                  4                 4
          Total ..................................................   ........................   ........................   ........................   ........................             4,883
        1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


       FDA bases its estimate of the number                                  received from industry. The reporting                                        product is distributed, and are therefore
     of respondents in table 1 on                                            burden for §§ 108.25(d) and 108.35(d)                                        not required to report the occurrence.
     registrations, process filings, and reports                             and (e) is minimal because notification                                      We estimate that we will receive one
     received over the past 3 years. The                                     of spoilage, process deviation, or                                           report annually under §§ 108.25(d) and
     hours per response reporting estimates                                  contamination of product in distribution                                     108.35(d) and (e). The report is expected
     are based on our experience with                                        occurs less than once a year. Most firms                                     to take 4 hours per response, for a total
     similar programs and information                                        discover these problems before the                                           of 4 hours.

                                                            TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                             Number of                                              Average
                                                                                              Number of                                               Total annual
                                    21 CFR part                                                                             records per                                            burden per      Total hours
                                                                                            recordkeepers                                               records
                                                                                                                           recordkeeper                                          recordkeeping

     108, 113, and 114 ..........................................................                10,392                           1                       10,392                     250           2,598,000
        1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


       FDA bases its estimate of 10,392                                      business practice in foods for liability                                          2541f, and FDA 2541g (Food Process
     recordkeepers in table 2 on its records                                 purposes, inventory control, and                                                  Filing Forms) to FDA in Electronic or
     of the number of registered firms,                                      process control in the event of a                                                 Paper Format.’’ Available at https://
     excluding firms that were inactive or                                   problem. Under 5 CFR 1320.3(b)(2), the                                            www.fda.gov/Food/GuidanceRegulation/
     out of business, yet still registered. To                               time, effort, and financial resources                                             GuidanceDocumentsRegulatory
     avoid double-counting, we have not                                      necessary to comply with a collection of                                          Information/AcidifiedLACF/
     included estimates for §§ 108.25(g),                                    information are excluded from the                                                 ucm309376.htm.
     108.35(c)(2)(ii), and 108.35(h) because                                 burden estimate if the reporting,                                            2. Form FDA 2541d. Food Process Filing for
     they merely cross-reference                                             recordkeeping, or disclosure activities                                           Low-Acid Retorted Method. Available at
     recordkeeping requirements contained                                    needed to comply are usual and                                                    https://www.fda.gov/downloads/
     in parts 113 and 114 and have been                                      customary because they would occur in                                             AboutFDA/ReportsManualsForms/
     accounted for in the recordkeeping                                      the normal course of activities. The                                              Forms/UCM465591.pdf.
     burden estimate. We estimate that                                       burden for this information collection                                       3. Form FDA 2541e. Food Process Filing for
     10,392 firms will expend approximately                                  has not changed since the last OMB                                                Acidified Method. Available at https://
     250 hours per year to fully satisfy the                                 approval.                                                                         www.fda.gov/downloads/AboutFDA/
     recordkeeping requirements in parts                                                                                                                       ReportsManualsForms/Forms/
                                                                             II. References                                                                    UCM465593.pdf.
     108, 113 and 114, for a total of 2,598,000
                                                                                                                                                          4. Form FDA 2541f. Food Process Filing for
     hours.                                                                    The following references are on                                                 Water Activity/Formulation Control
       Finally, our regulations require that                                 display in the Dockets Management                                                 Method. Available at https://
     processors mark thermally processed                                     Staff (HFA–305), Food and Drug                                                    www.fda.gov/downloads/AboutFDA/
     low-acid foods in hermetically sealed                                   Administration, 5630 Fishers Lane, Rm.                                            ReportsManualsForms/Forms/
     containers (§ 113.60(c)) and acidified                                  1061, Rockville, MD 20852, and are                                                UCM465595.pdf.
     foods (§ 114.80(b)) with an identifying                                 available for viewing by interested                                          5. Form FDA 2541g. Food Process Filing for
     code to permit lots to be traced after                                  persons between 9 a.m. and 4 p.m.,                                                Low-Acid Aseptic Systems. Available at
     distribution. We seek OMB approval of                                   Monday through Friday; they are also                                              https://www.fda.gov/downloads/
     the third-party disclosure requirements                                 available electronically at https://                                              AboutFDA/ReportsManualsForms/
     in §§ 113.60(c) and 114.80(b). However,                                 www.regulations.gov/. FDA has verified                                            Forms/UCM465598.pdf.
     we have not included a separate table to                                the Web site addresses as of the date
                                                                                                                                                            Dated: September 22, 2017.
     report the estimated burden of these                                    this document publishes in the Federal
     regulations. No burden has been                                         Register, but Web sites are subject to                                       Anna K. Abram,
     estimated for the third-party disclosure                                change over time.                                                            Deputy Commissioner for Policy, Planning,
     requirements in §§ 113.60(c) and                                                                                                                     Legislation, and Analysis.
                                                                             1. FDA 2016. ‘‘Guidance for Industry:
     114.80(b) because the coding process is                                     Submitting Form FDA 2541 (Food                                           [FR Doc. 2017–20791 Filed 9–27–17; 8:45 am]
     done as a usual and customary part of                                       Canning Establishment Registration) and                                  BILLING CODE 4164–01–P
     normal business activities. Coding is a                                     Forms FDA 2541d, FDA 2541e, FDA



VerDate Sep<11>2014        18:44 Sep 27, 2017        Jkt 241001      PO 00000        Frm 00040       Fmt 4703        Sfmt 9990      E:\FR\FM\28SEN1.SGM               28SEN1



Document Created: 2017-09-28 01:32:50
Document Modified: 2017-09-28 01:32:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by October 30, 2017.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 45293 

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