82_FR_51558 82 FR 51345 - Supply-Chain Program Requirements and Co-Manufacturer Supplier Approval and Verification for Human Food and Animal Food: Guidance for Industry; Availability

82 FR 51345 - Supply-Chain Program Requirements and Co-Manufacturer Supplier Approval and Verification for Human Food and Animal Food: Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51345-51347
FR Document2017-24098

The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a guidance for industry entitled ``Supply-Chain Program Requirements and Co-Manufacturer Supplier Approval and Verification for Human Food and Animal Food.'' The guidance announces that we do not intend to take enforcement action against a receiving facility that is a co-manufacturer and that is not in compliance with certain supply-chain program requirements in the ``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food'' and ``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals'' regulations (preventive controls regulations) for food manufactured for the brand owner, under certain circumstances, until November 6, 2019. Furthermore, we do not intend to take enforcement action under the Foreign Supplier Verification Programs (FSVP) regulation against an importer whose supply-chain program is subject to enforcement discretion under the preventive controls regulations until November 6, 2019.

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017)
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51345-51347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24098]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1, 117, and 507

[Docket No. FDA-2017-D-5996]


Supply-Chain Program Requirements and Co-Manufacturer Supplier 
Approval and Verification for Human Food and Animal Food: Guidance for 
Industry; 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 
``Supply-Chain Program Requirements and Co-Manufacturer Supplier 
Approval and Verification for Human Food and Animal Food.'' The 
guidance announces that we do not intend to take enforcement action 
against a receiving facility that is a co-manufacturer and that is not 
in compliance with certain supply-chain program requirements in the 
``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based 
Preventive Controls for Human Food'' and ``Current Good Manufacturing 
Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food 
for Animals'' regulations (preventive controls regulations) for food 
manufactured for the brand owner, under certain circumstances, until 
November 6, 2019. Furthermore, we do not intend to take enforcement 
action under the Foreign Supplier Verification Programs (FSVP) 
regulation against an importer whose supply-chain program is subject to 
enforcement discretion under the preventive controls regulations until 
November 6, 2019.

DATES: The announcement of the guidance is published in the Federal 
Register on November 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, 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-2017-D-5996 for ``Supply-Chain Program Requirements and Co-

[[Page 51346]]

Manufacturer Supplier Approval and Verification for Human Food and 
Animal Food.'' 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 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 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.
    You may submit comments on any guidance at any time (see 21CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Office of Food Safety, Center for Food Safety and Applied Nutrition 
(HFS-300), Food and Drug Administration, 5001 Campus Dr., College Park, 
MD 20740. Send two self-addressed adhesive labels to assist that office 
in processing your request. See the SUPPLEMENTARY INFORMATION section 
for electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT:
    For questions relating to the guidance as it applies to human food: 
Jenny Scott, Center for Food Safety and Applied Nutrition (HFS-300), 
Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 
240-402-2166.
    For questions relating to the guidance as it applies to animal 
food: Jeanette Murphy, Center for Veterinary Medicine (HFV-200), Food 
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-
402-6246.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry 
entitled ``Supply-Chain Program Requirements and Co-Manufacturer 
Supplier Approval and Verification for Human Food and Animal Food: 
Guidance for Industry.'' We are issuing this guidance consistent with 
our good guidance practices (GGP) regulation (Sec.  10.115 (21 CFR 
10.115)). We are implementing this guidance without prior public 
comment because we have determined that prior public participation is 
not feasible or appropriate (Sec.  10.115(g)(2)). We made this 
determination because the guidance represents a less burdensome policy 
consistent with the public health. Although this guidance document is 
immediately in effect, it remains subject to comment in accordance with 
FDA's GGP regulation. This guidance is not subject to Executive Order 
12866.
    The guidance is intended for persons who participate in certain 
``co-manufacturing'' agreements in the production of human or animal 
food. By ``co-manufacturing,'' we mean a contractual arrangement 
whereby one party (the brand owner) arranges for a second party (the 
co-manufacturer) to manufacture/process human or animal food on behalf 
of the first party. The guidance concerns three regulations that we 
have established in Title 21 of the Code of Federal Regulations (21 
CFR) as part of our implementation of the FDA Food Safety Modernization 
Act (FSMA; Pub. L. 111-353). (For more information on the Agency's 
implementation of FSMA, see https://www.fda.gov/fsma.) These three 
regulations are part 117 (21 CFR part 117) (published in the Federal 
Register on September 17, 2015, 80 FR 55908), part 507 (21 CFR part 
507) (published in the Federal Register on September 17, 2015, 80 FR 
56170), and the FSVP regulation (published in the Federal Register of 
November 27, 2015, 80 FR 74226). Subpart G of part 117 and subpart E of 
part 507 establish requirements for a supply-chain program for those 
raw materials and other ingredients for which a receiving facility has 
identified a hazard requiring a supply-chain-applied control.
    Under the FSVP regulation, importers are required to develop, 
maintain, and follow a foreign supplier verification program that, 
among other things, provides adequate assurance that foreign suppliers 
are producing food in compliance with processes and procedures that 
provide at least the same level of public health protection as those 
required under section 418 of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 350g) (which authorized the supply-chain 
programs in parts 117 and 507) (see Sec.  1.502(a) (21 CFR 1.502(a)). 
An importer that is a receiving facility subject to section 418 of the 
FD&C Act is deemed to be in compliance with the requirements of the 
FSVP regulation, except the importer identification requirements in 21 
CFR 1.509, if the importer has established and implemented a risk-based 
supply-chain program in compliance with part 117, subpart G or part 
507, subpart E (Sec.  1.502(c)(3)).
    Under the definition of ``receiving facility'' established in parts 
117 and 507, co-manufacturers that are subject to the human food or the 
animal food preventive controls requirements and that manufacture/
process a raw material or other ingredient received from a supplier are 
receiving facilities. Co-manufacturers that are receiving facilities 
that have identified a hazard in a raw material or ingredient requiring 
a supply-chain-applied control are required to approve their suppliers 
for those raw materials or other ingredients. However, the supply-chain 
provisions permit an entity other than the receiving facility (e.g., 
permit the brand owner) to determine, conduct, or both determine and 
conduct, appropriate supplier verification activities, provided that 
the receiving facility documents its review and assessment of the other 
entity's applicable documentation. (See Sec. Sec.  117.415(a)(3) and 
507.115(a)(3).) Specifically, the rules allow for a co-manufacturer to 
base its verification of suppliers on review of adequate documentation 
of the brand owner's supplier verification activities.
    Industry has expressed concerns that the requirements of the 
supply-chain program would require revisions to contracts between brand 
owners and their suppliers to allow brand owners to share certain 
information (e.g., audits of suppliers) with co-manufacturers, and that 
establishing new contracts would take a significant period of time, 
impeding their ability to meet

[[Page 51347]]

compliance dates (Ref. 1). If a contract prevents a co-manufacturer 
from being able to review a brand owner's documentation of supplier 
verification activities, the co-manufacturer would not be able to 
verify suppliers based on its review of that documentation. 
Consequently, the co-manufacturer would need to conduct supplier 
verification activities (e.g., on-site audits) that might otherwise not 
be required.
    To provide time for contracts to be revised to allow co-
manufacturers to review all necessary documentation from the brand 
owner, FDA is announcing that, under certain circumstances and on a 
temporary basis, we do not intend to take enforcement action against a 
receiving facility that is a co-manufacturer, and that is not in 
compliance with certain supply-chain program requirements (Sec. Sec.  
117.410(d) and 117.415(a)(3) or Sec. Sec.  507.110(d) and 
507.115(a)(3)) for food manufactured for the brand owner until November 
6, 2019. Furthermore, we do not intend to take enforcement action under 
the FSVP regulation against an importer who is relying on Sec.  
1.502(c)(3) but whose supply-chain program is subject to enforcement 
discretion regarding Sec. Sec.  117.410(d) and 117.415(a)(3) or 
Sec. Sec.  507.110(d) and 507.115(a)(3).
    The guidance 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 statues and regulations.

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 117 have been approved under OMB 
control number 0910-0751. The collections of information in part 507 
have been approved under OMB control number 0910-0789.

III. Electronic Access

    Persons with access to the internet may obtain the document at 
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/default.htm, https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/default.htm, 
or https://www.regulations.gov. Use the FDA Web sites listed in the 
previous sentence to find the most current version of the guidance.

IV. Reference

    The following reference is on display in the Dockets Management 
Staff (see ADDRESSES) and is available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also 
available electronically at https://www.regulations.gov.

1. Letter from Grocery Manufacturers Association to Dr. Stephen 
Ostroff, Acting Commissioner of Food and Drugs, February 7, 2017.

    Dated: October 31, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24098 Filed 11-3-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                              Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations                                        51345

                                             airspace action makes minor updates to                    Boundaries. Beginning at lat. 34°38′35″ N.,         circumstances, until November 6, 2019.
                                             certain boundary coordinates of                         long. 120°31′24″ W.;                                  Furthermore, we do not intend to take
                                             restricted areas R–2516, R–2517, R–                       to lat. 34°35′45″ N., long. 120°28′14″ W.;          enforcement action under the Foreign
                                             2534A and R–2534B; Vandenberg AFB,                        to lat. 34°36′20″ N., long. 120°27′24″ W.;          Supplier Verification Programs (FSVP)
                                                                                                       to lat. 34°30′00″ N., long. 120°15′34″ W.;
                                             CA, to match the digital shoreline data                   to lat. 34°25′00″ N., long. 120°15′34″ W.;
                                                                                                                                                           regulation against an importer whose
                                             received from the NOAA                                    thence 3 NM from and parallel to the                supply-chain program is subject to
                                             Administration. This ensures that the                   shoreline                                             enforcement discretion under the
                                             affected boundaries continue to match                     to lat. 34°24′39″ N., long. 120°19′13″ W.;          preventive controls regulations until
                                             the NOAA-defined position of the U.S.                     to the point of beginning.                          November 6, 2019.
                                             shoreline. It does not alter the location,              R–2534B Vandenberg AFB, CA [Amended]                  DATES: The announcement of the
                                             altitudes, or activities conducted within                                                                     guidance is published in the Federal
                                             the airspace; therefore, it is not expected               By removing the current boundaries and
                                                                                                     inserting the following:                              Register on November 6, 2017.
                                             to cause any potentially significant                      Boundaries. Beginning at lat. 34°38′35″ N.,         ADDRESSES: You may submit either
                                             environmental impacts, and no                           long. 120°31′24″ W.;                                  electronic or written comments on
                                             extraordinary circumstances exist that                    to lat. 34°24′39″ N., long. 120°19′13″ W.;          Agency guidances at any time as
                                             warrant preparation of an                                 to lat. 34°25′00″ N., long. 120°27′04″ W.;          follows:
                                             environmental assessment.                                 to lat. 34°35′00″ N., long. 120°32′04″ W.;
                                                                                                       to the point of beginning.                          Electronic Submissions
                                             List of Subjects in 14 CFR Part 73
                                                                                                     *      *      *      *       *                          Submit electronic comments in the
                                               Airspace, Prohibited areas, Restricted
                                                                                                       Issued in Washington, DC, on October 31,            following way:
                                             areas.
                                                                                                     2017.                                                   • Federal eRulemaking Portal:
                                             Adoption of the Amendment                               Rodger A. Dean, Jr.,                                  https://www.regulations.gov. Follow the
                                               In consideration of the foregoing, the                Manager, Airspace Policy Group.                       instructions for submitting comments.
                                             Federal Aviation Administration                         [FR Doc. 2017–24103 Filed 11–3–17; 8:45 am]           Comments submitted electronically,
                                             amends 14 CFR part 73, as follows:                      BILLING CODE 4910–13–P
                                                                                                                                                           including attachments, to https://
                                                                                                                                                           www.regulations.gov will be posted to
                                             PART 73—SPECIAL USE AIRSPACE                                                                                  the docket unchanged. Because your
                                                                                                                                                           comment will be made public, you are
                                                                                                     DEPARTMENT OF HEALTH AND
                                             ■ 1. The authority citation for part 73                                                                       solely responsible for ensuring that your
                                                                                                     HUMAN SERVICES
                                             continues to read as follows:                                                                                 comment does not include any
                                               Authority: 49 U.S.C. 106(f), 106(g), 40103,           Food and Drug Administration                          confidential information that you or a
                                             40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                                                                  third party may not wish to be posted,
                                             1959–1963 Comp., p. 389.                                21 CFR Parts 1, 117, and 507                          such as medical information, your or
                                                                                                                                                           anyone else’s Social Security number, or
                                             § 73.25    [Amended]                                    [Docket No. FDA–2017–D–5996]                          confidential business information, such
                                             ■ 2. Section 73.25 is amended as                                                                              as a manufacturing process. Please note
                                                                                                     Supply-Chain Program Requirements
                                             follows:                                                                                                      that if you include your name, contact
                                                                                                     and Co-Manufacturer Supplier
                                             *     *    *     *     *                                                                                      information, or other information that
                                                                                                     Approval and Verification for Human
                                                                                                                                                           identifies you in the body of your
                                             R–2516 Vandenberg AFB, CA [Amended]                     Food and Animal Food: Guidance for
                                                                                                                                                           comments, that information will be
                                               By removing the current boundaries and                Industry; Availability
                                                                                                                                                           posted on https://www.regulations.gov.
                                             inserting the following:                                AGENCY:    Food and Drug Administration,                • If you want to submit a comment
                                               Boundaries. Beginning at lat. 35°00′06″ N.,                                                                 with confidential information that you
                                             long. 120°42′12″ W.;
                                                                                                     HHS.
                                               to lat. 34°54′00″ N., long. 120°33′04″ W.;            ACTION:    Notification of availability.              do not wish to be made available to the
                                               to lat. 34°50′00″ N., long. 120°32′04″ W.;                                                                  public, submit the comment as a
                                               to lat. 34°46′00″ N., long. 120°27′04″ W.;            SUMMARY:    The Food and Drug                         written/paper submission and in the
                                               to lat. 34°42′00″ N., long. 120°30′04″ W.;            Administration (FDA, the Agency, or                   manner detailed (see ‘‘Written/Paper
                                               to lat. 34°38′35″ N., long. 120°31′24″ W.;            we) is announcing the availability of a               Submissions’’ and ‘‘Instructions’’).
                                               to lat. 34°42′00″ N., long. 120°34′34″ W.;            guidance for industry entitled ‘‘Supply-
                                               to lat. 34°42′00″ N., long. 120°40′01″ W.;            Chain Program Requirements and Co-                    Written/Paper Submissions
                                               thence 3 NM from and parallel to the                  Manufacturer Supplier Approval and                      Submit written/paper submissions as
                                             shoreline to the point of beginning.                    Verification for Human Food and                       follows:
                                             R–2517 Vandenberg AFB, CA [Amended]                     Animal Food.’’ The guidance announces                   • Mail/Hand delivery/Courier (for
                                               By removing the current boundaries and                that we do not intend to take                         written/paper submissions): Dockets
                                             inserting the following:                                enforcement action against a receiving                Management Staff (HFA–305), Food and
                                               Boundaries. Beginning at lat. 34°42′00″ N.,           facility that is a co-manufacturer and                Drug Administration, 5630 Fishers
                                             long. 120°40′01″ W.;                                    that is not in compliance with certain                Lane, Rm. 1061, Rockville, MD 20852.
                                               to lat. 34°42′00″ N., long. 120°34′34″ W.;            supply-chain program requirements in                    • For written/paper comments
                                               to lat. 34°38′35″ N., long. 120°31′24″ W.;            the ‘‘Current Good Manufacturing                      submitted to the Dockets Management
                                               to lat. 34°35′00″ N., long. 120°32′04″ W.;            Practice, Hazard Analysis, and Risk-                  Staff, FDA will post your comment, as
                                               to lat. 34°25′00″ N., long. 120°27′04″ W.;            Based Preventive Controls for Human                   well as any attachments, except for
Pmangrum on DSK3GDR082PROD with RULES




                                               to lat. 34°24′04″ N., long. 120°29′51″ W.;
                                               thence 3 NM from and parallel to the
                                                                                                     Food’’ and ‘‘Current Good                             information submitted, marked and
                                             shoreline to the point of beginning.                    Manufacturing Practice, Hazard                        identified, as confidential, if submitted
                                                                                                     Analysis, and Risk-Based Preventive                   as detailed in ‘‘Instructions.’’
                                             *      *     *       *      *
                                                                                                     Controls for Food for Animals’’                         Instructions: All submissions received
                                             R–2534A Vandenberg AFB, CA [Amended]                    regulations (preventive controls                      must include the Docket No. FDA–
                                               By removing the current boundaries and                regulations) for food manufactured for                2017–D–5996 for ‘‘Supply-Chain
                                             inserting the following:                                the brand owner, under certain                        Program Requirements and Co-


                                        VerDate Sep<11>2014   14:44 Nov 03, 2017   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\06NOR1.SGM   06NOR1


                                             51346            Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations

                                             Manufacturer Supplier Approval and                      the SUPPLEMENTARY INFORMATION section                 requirements for a supply-chain
                                             Verification for Human Food and                         for electronic access to the guidance.                program for those raw materials and
                                             Animal Food.’’ Received comments will                   FOR FURTHER INFORMATION CONTACT:                      other ingredients for which a receiving
                                             be placed in the docket and, except for                   For questions relating to the guidance              facility has identified a hazard requiring
                                             those submitted as ‘‘Confidential                       as it applies to human food: Jenny Scott,             a supply-chain-applied control.
                                             Submissions,’’ publicly viewable at                     Center for Food Safety and Applied                       Under the FSVP regulation, importers
                                             https://www.regulations.gov or at the                   Nutrition (HFS–300), Food and Drug                    are required to develop, maintain, and
                                             Dockets Management Staff between 9                      Administration, 5001 Campus Dr.,                      follow a foreign supplier verification
                                             a.m. and 4 p.m., Monday through                         College Park, MD 20740, 240–402–2166.                 program that, among other things,
                                             Friday.                                                   For questions relating to the guidance              provides adequate assurance that
                                                • Confidential Submissions—To                        as it applies to animal food: Jeanette                foreign suppliers are producing food in
                                             submit a comment with confidential                      Murphy, Center for Veterinary Medicine                compliance with processes and
                                             information that you do not wish to be                  (HFV–200), Food and Drug                              procedures that provide at least the
                                             made publicly available, submit your                    Administration, 7519 Standish Pl.,                    same level of public health protection as
                                             comments only as a written/paper                        Rockville, MD 20855, 240–402–6246.                    those required under section 418 of the
                                             submission. You should submit two                                                                             Federal Food, Drug, and Cosmetic Act
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             copies total. One copy will include the                                                                       (the FD&C Act) (21 U.S.C. 350g) (which
                                             information you claim to be confidential                I. Background                                         authorized the supply-chain programs
                                             with a heading or cover note that states                                                                      in parts 117 and 507) (see § 1.502(a) (21
                                                                                                        We are announcing the availability of
                                             ‘‘THIS DOCUMENT CONTAINS                                                                                      CFR 1.502(a)). An importer that is a
                                                                                                     a guidance for industry entitled
                                             CONFIDENTIAL INFORMATION.’’ The                                                                               receiving facility subject to section 418
                                                                                                     ‘‘Supply-Chain Program Requirements
                                             Agency will review this copy, including                                                                       of the FD&C Act is deemed to be in
                                                                                                     and Co-Manufacturer Supplier Approval
                                             the claimed confidential information, in                                                                      compliance with the requirements of the
                                                                                                     and Verification for Human Food and
                                             its consideration of comments. The                                                                            FSVP regulation, except the importer
                                                                                                     Animal Food: Guidance for Industry.’’
                                             second copy, which will have the                                                                              identification requirements in 21 CFR
                                                                                                     We are issuing this guidance consistent
                                             claimed confidential information                                                                              1.509, if the importer has established
                                                                                                     with our good guidance practices (GGP)
                                             redacted/blacked out, will be available                                                                       and implemented a risk-based supply-
                                                                                                     regulation (§ 10.115 (21 CFR 10.115)).                chain program in compliance with part
                                             for public viewing and posted on                        We are implementing this guidance
                                             https://www.regulations.gov. Submit                                                                           117, subpart G or part 507, subpart E
                                                                                                     without prior public comment because                  (§ 1.502(c)(3)).
                                             both copies to the Dockets Management                   we have determined that prior public                     Under the definition of ‘‘receiving
                                             Staff. If you do not wish your name and                 participation is not feasible or                      facility’’ established in parts 117 and
                                             contact information to be made publicly                 appropriate (§ 10.115(g)(2)). We made                 507, co-manufacturers that are subject to
                                             available, you can provide this                         this determination because the guidance               the human food or the animal food
                                             information on the cover sheet and not                  represents a less burdensome policy                   preventive controls requirements and
                                             in the body of your comments and you                    consistent with the public health.                    that manufacture/process a raw material
                                             must identify this information as                       Although this guidance document is                    or other ingredient received from a
                                             ‘‘confidential.’’ Any information marked                immediately in effect, it remains subject             supplier are receiving facilities. Co-
                                             as ‘‘confidential’’ will not be disclosed               to comment in accordance with FDA’s                   manufacturers that are receiving
                                             except in accordance with 21 CFR 10.20                  GGP regulation. This guidance is not                  facilities that have identified a hazard in
                                             and other applicable disclosure law. For                subject to Executive Order 12866.                     a raw material or ingredient requiring a
                                             more information about FDA’s posting                       The guidance is intended for persons               supply-chain-applied control are
                                             of comments to public dockets, see 80                   who participate in certain ‘‘co-                      required to approve their suppliers for
                                             FR 56469, September 18, 2015, or access                 manufacturing’’ agreements in the                     those raw materials or other ingredients.
                                             the information at: https://www.gpo.gov/                production of human or animal food. By                However, the supply-chain provisions
                                             fdsys/pkg/FR-2015-09-18/pdf/2015-                       ‘‘co-manufacturing,’’ we mean a                       permit an entity other than the receiving
                                             23389.pdf.                                              contractual arrangement whereby one                   facility (e.g., permit the brand owner) to
                                                Docket: For access to the docket to                  party (the brand owner) arranges for a                determine, conduct, or both determine
                                             read background documents or the                        second party (the co-manufacturer) to                 and conduct, appropriate supplier
                                             electronic and written/paper comments                   manufacture/process human or animal                   verification activities, provided that the
                                             received, go to https://                                food on behalf of the first party. The                receiving facility documents its review
                                             www.regulations.gov and insert the                      guidance concerns three regulations that              and assessment of the other entity’s
                                             docket number, found in brackets in the                 we have established in Title 21 of the                applicable documentation. (See
                                             heading of this document, into the                      Code of Federal Regulations (21 CFR) as               §§ 117.415(a)(3) and 507.115(a)(3).)
                                             ‘‘Search’’ box and follow the prompts                   part of our implementation of the FDA                 Specifically, the rules allow for a co-
                                             and/or go to the Dockets Management                     Food Safety Modernization Act (FSMA;                  manufacturer to base its verification of
                                             Staff, 5630 Fishers Lane, Rm. 1061,                     Pub. L. 111–353). (For more information               suppliers on review of adequate
                                             Rockville, MD 20852.                                    on the Agency’s implementation of                     documentation of the brand owner’s
                                                You may submit comments on any                       FSMA, see https://www.fda.gov/fsma.)                  supplier verification activities.
                                             guidance at any time (see 21CFR                         These three regulations are part 117 (21                 Industry has expressed concerns that
                                             10.115(g)(5)).                                          CFR part 117) (published in the Federal               the requirements of the supply-chain
                                                Submit written requests for single                   Register on September 17, 2015, 80 FR                 program would require revisions to
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                                             copies of the guidance to the Office of                 55908), part 507 (21 CFR part 507)                    contracts between brand owners and
                                             Food Safety, Center for Food Safety and                 (published in the Federal Register on                 their suppliers to allow brand owners to
                                             Applied Nutrition (HFS–300), Food and                   September 17, 2015, 80 FR 56170), and                 share certain information (e.g., audits of
                                             Drug Administration, 5001 Campus Dr.,                   the FSVP regulation (published in the                 suppliers) with co-manufacturers, and
                                             College Park, MD 20740. Send two self-                  Federal Register of November 27, 2015,                that establishing new contracts would
                                             addressed adhesive labels to assist that                80 FR 74226). Subpart G of part 117 and               take a significant period of time,
                                             office in processing your request. See                  subpart E of part 507 establish                       impeding their ability to meet


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                                                              Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations                                         51347

                                             compliance dates (Ref. 1). If a contract                find the most current version of the                  Folder on the line associated with this
                                             prevents a co-manufacturer from being                   guidance.                                             rule.
                                             able to review a brand owner’s
                                                                                                     IV. Reference                                         FOR FURTHER INFORMATION CONTACT:     If
                                             documentation of supplier verification
                                                                                                        The following reference is on display              you have questions on this rule, call or
                                             activities, the co-manufacturer would
                                                                                                     in the Dockets Management Staff (see                  email Petty Officer Edmund Ofalt,
                                             not be able to verify suppliers based on
                                                                                                     ADDRESSES) and is available for viewing
                                                                                                                                                           Waterways Management Branch, U.S.
                                             its review of that documentation.
                                                                                                     by interested persons between 9 a.m.                  Coast Guard Sector Delaware Bay;
                                             Consequently, the co-manufacturer
                                                                                                     and 4 p.m., Monday through Friday; it                 telephone (215) 271–4814, email
                                             would need to conduct supplier
                                                                                                     is also available electronically at https://          Edmund.J.Ofalt@uscg.mil.
                                             verification activities (e.g., on-site
                                             audits) that might otherwise not be                     www.regulations.gov.                                  SUPPLEMENTARY INFORMATION:
                                             required.                                               1. Letter from Grocery Manufacturers                  I. Table of Abbreviations
                                                To provide time for contracts to be                       Association to Dr. Stephen Ostroff,
                                             revised to allow co-manufacturers to                         Acting Commissioner of Food and Drugs,           CFR Code of Federal Regulations
                                             review all necessary documentation                           February 7, 2017.                                COTP Captain of the Port
                                             from the brand owner, FDA is                              Dated: October 31, 2017.                            DHS Department of Homeland Security
                                             announcing that, under certain                                                                                FR Federal Register
                                                                                                     Anna K. Abram,
                                             circumstances and on a temporary basis,                                                                       NPRM Notice of proposed rulemaking
                                                                                                     Deputy Commissioner for Policy, Planning,             § Section
                                             we do not intend to take enforcement                    Legislation, and Analysis.                            U.S.C. United States Code
                                             action against a receiving facility that is             [FR Doc. 2017–24098 Filed 11–3–17; 8:45 am]
                                             a co-manufacturer, and that is not in                   BILLING CODE 4164–01–P
                                                                                                                                                           II. Background Information and
                                             compliance with certain supply-chain                                                                          Regulatory History
                                             program requirements (§§ 117.410(d)
                                             and 117.415(a)(3) or §§ 507.110(d) and                                                                           The Coast Guard is issuing this
                                             507.115(a)(3)) for food manufactured for                DEPARTMENT OF HOMELAND                                temporary rule without prior notice and
                                             the brand owner until November 6,                       SECURITY                                              opportunity to comment pursuant to
                                             2019. Furthermore, we do not intend to                                                                        authority under section 4(a) of the
                                                                                                     Coast Guard                                           Administrative Procedure Act (APA) (5
                                             take enforcement action under the FSVP
                                             regulation against an importer who is                                                                         U.S.C. 553(b)). This provision
                                                                                                     33 CFR Part 165                                       authorizes an agency to issue a rule
                                             relying on § 1.502(c)(3) but whose
                                             supply-chain program is subject to                      [Docket Number USCG–2017–1011]                        without prior notice and opportunity to
                                             enforcement discretion regarding                                                                              comment when the agency for good
                                                                                                     RIN 1625–AA00
                                             §§ 117.410(d) and 117.415(a)(3) or                                                                            cause finds that those procedures are
                                             §§ 507.110(d) and 507.115(a)(3).                        Safety Zone, Delaware River; Pipeline                 ‘‘impracticable, unnecessary, or contrary
                                                The guidance represents the current                  Removal                                               to the public interest.’’ Under 5 U.S.C.
                                             thinking of FDA on this topic. It does                                                                        553(b)(B), the Coast Guard finds that
                                             not establish any rights for any person                 AGENCY:    Coast Guard, DHS.                          good cause exists for not publishing a
                                             and is not binding on FDA or the public.                ACTION:   Temporary final rule.                       notice of proposed rulemaking (NPRM)
                                             You can use an alternative approach if                                                                        with respect to this rule due to the short
                                             it satisfies the requirements of the                    SUMMARY:    The Coast Guard is                        time period between when Sector
                                             applicable statues and regulations.                     establishing temporary safety zones in                Delaware Bay received complete details
                                                                                                     the Mifflin Range on the Delaware River               of this project, October 20, 2017, and the
                                             II. Paperwork Reduction Act of 1995                     to facilitate pipeline removal in                     date when these safety zones needed to
                                               This guidance refers to previously                    preparation for the deepening of the                  go into effect by. It is impracticable and
                                             approved collections of information                     Delaware River. The safety zones will be              contrary to the public interest to publish
                                             found in FDA regulations. These                         established for the waters in the vicinity            an NPRM to provide a notice and
                                             collections of information are subject to               of the dredge, dredge equipment, dive                 opportunity for comment period
                                             review by the Office of Management and                  operations, and pipe removal                          because the safety zones must be
                                             Budget (OMB) under the Paperwork                        operations. This regulation is necessary              established by November 6, 2017 to
                                             Reduction Act of 1995 (44 U.S.C. 3501–                  to provide for the safety of life on                  ensure safety of life on navigable waters
                                             3520). The collections of information in                navigable waters of the Delaware River                in the vicinity of dredging operations,
                                             part 117 have been approved under                       in the vicinity of pipeline removal                   underwater cutting operations, and
                                             OMB control number 0910–0751. The                       operations and to protect mariners from               pipeline removal operations and to
                                             collections of information in part 507                  the hazards associated with dredging                  protect mariners from hazards
                                             have been approved under OMB control                    and pipeline removal operations. Entry                associated with the same.
                                             number 0910–0789.                                       of vessels or persons into these zones is                Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                     prohibited unless specifically                        Guard finds that good cause exists for
                                             III. Electronic Access                                  authorized by the Captain of the Port                 making this rule effective less than 30
                                                Persons with access to the internet                  Delaware Bay.                                         days after publication in the Federal
                                             may obtain the document at https://                     DATES: This rule is effective from                    Register. Delaying the effective date of
                                             www.fda.gov/Food/Guidance                               November 6, 2017, through December 4,                 this rule would be impracticable and
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                                             Regulation/GuidanceDocuments                            2017.                                                 contrary to the public interest because
                                             RegulatoryInformation/default.htm,                      ADDRESSES: To view documents                          immediate action is needed to mitigate
                                             https://www.fda.gov/AnimalVeterinary/                   mentioned in this preamble as being                   the hazards presented to safety of life on
                                             GuidanceComplianceEnforcement/                          available in the docket, go to http://                the Delaware River by the presence of
                                             default.htm, or https://                                www.regulations.gov, type USCG–2017–                  dredge equipment, dredging operations,
                                             www.regulations.gov. Use the FDA Web                    1011 in the ‘‘SEARCH’’ box and click                  dive operations, and pipeline removal
                                             sites listed in the previous sentence to                ‘‘SEARCH.’’ Click on Open Docket                      operations.


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Document Created: 2017-11-07 10:30:37
Document Modified: 2017-11-07 10:30:37
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 November 6, 2017.
ContactFor questions relating to the guidance as it applies to human food: Jenny Scott, Center for Food Safety and Applied Nutrition (HFS-300), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2166.
FR Citation82 FR 51345 
CFR Citation21 CFR 1
21 CFR 117
21 CFR 507

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