82 FR 58410 - Refusal of Inspection by a Foreign Food Establishment or Foreign Government; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 237 (December 12, 2017)

The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance for industry entitled ``Refusal of Inspection by a Foreign Food Establishment or Foreign Government.'' This draft guidance, when finalized, will provide information for foreign food establishments subject to our inspection, as well as foreign governments, on when we may consider that a foreign food establishment or a government of a foreign country has refused to permit an inspection by us as provided in the Federal Food, Drug, and Cosmetic Act (FD&C Act).

[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Notices]
[Pages 58410-58411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26692]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6528]


Refusal of Inspection by a Foreign Food Establishment or Foreign 
Government; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a draft guidance for industry entitled ``Refusal of 
Inspection by a Foreign Food Establishment or Foreign Government.'' 
This draft guidance, when finalized, will provide information for 
foreign food establishments subject to our inspection, as well as 
foreign governments, on when we may consider that a foreign food 
establishment or a government of a foreign country has refused to 
permit an inspection by us as provided in the Federal Food, Drug, and 
Cosmetic Act (FD&C Act).

DATES: Submit either electronic or written comments on the draft 
guidance by February 26, 2018 to ensure that the Agency considers your 
comment on the draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance 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-6528 for ``Refusal of Inspection by a Foreign Food 
Establishment or Foreign Government.'' 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

[[Page 58411]]

``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 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Compliance Policy Staff/Office of Compliance, Center for Food 
Safety and Applied Nutrition (HFS-605), 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 
draft guidance.

FOR FURTHER INFORMATION CONTACT: Mischelle B. Ledet, Center for Food 
Safety and Applied Nutrition (HFS-605), Food and Drug Administration, 
5001 Campus Dr., College Park, MD 20740, 240-701-5986, or Eric Nelson, 
Center for Veterinary Medicine (HFV-230), Food and Drug Administration, 
7519 Standish Pl., Rockville, MD 20855, 240-402-5642, or Tyler 
Scandalios, Office of Regulatory Affairs, Food and Drug Administration, 
12420 Parklawn Dr., Element Bldg., Rockville, MD 20857, 240-402-4552.

SUPPLEMENTARY INFORMATION: 

I. Background

    We are announcing the availability of a draft guidance for industry 
entitled ``Refusal of Inspection by a Foreign Food Establishment or 
Foreign Government.'' We are issuing the draft guidance consistent with 
our good guidance practices regulation (21 CFR 10.115). The draft 
guidance, when finalized, will represent the current thinking of the 
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 alternate approach 
if it satisfies the requirements of the applicable statutes and 
regulations. The guidance is not subject to Executive Order 12866.
    The FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-353), 
enacted on January 4, 2011, amended the FD&C Act to expand and enhance 
our ability to ensure that imported food products meet U.S. standards 
and are safe for consumers. Among the FSMA changes to the FD&C Act, we 
now must refuse admission of a food into the United States if it is 
from a foreign factory, warehouse, or other establishment of which the 
owner, operator, or agent in charge, or the government of the foreign 
country, refuses to permit entry of United States inspectors or other 
individuals duly designated by the Secretary of Health and Human 
Services, upon request, to inspect such factory, warehouse, or other 
establishment (section 807(b) of the FD&C Act (21 U.S.C. 384c(b))). In 
addition, the FD&C Act, at section 807(b), states that an owner, 
operator, or agent in charge is considered to have refused an 
inspection if the owner, operator, or agent in charge does not permit 
an inspection of a factory, warehouse, or other establishment during 
the 24-hour period after we submit an inspection request, or after such 
other time period, as agreed upon by FDA and the foreign factory, 
warehouse, or other establishment.
    This draft guidance, when finalized, will provide information for 
foreign food establishments subject to our inspection, as well as 
foreign governments, on when we may consider that a foreign food 
establishment or a government of a foreign country has refused to 
permit an inspection by us as provided in section 807(b) of the FD&C 
Act.

II. Electronic Access

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

    Dated: December 6, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26692 Filed 12-11-17; 8:45 am]
 BILLING CODE 4164-01-P