83_FR_3464 83 FR 3447 - Considerations for Determining Whether a Measure Provides the Same Level of Public Health Protection as the Corresponding Requirement in 21 CFR Part 112 or the Preventive Controls Requirements in Part 117 or 507; Draft Guidance for Industry; Availability

83 FR 3447 - Considerations for Determining Whether a Measure Provides the Same Level of Public Health Protection as the Corresponding Requirement in 21 CFR Part 112 or the Preventive Controls Requirements in Part 117 or 507; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 17 (January 25, 2018)

Page Range3447-3449
FR Document2018-01296

The Food and Drug Administration (FDA, we, or Agency) is announcing the availability of a draft guidance for industry entitled ``Considerations for Determining Whether a Measure Provides the Same Level of Public Health Protection as the Corresponding Requirement in 21 CFR 112 or the Preventive Controls Requirements in Part 117 or 507.'' The draft guidance describes FDA's current thinking on the concept of ``same level of public health protection'' (SLPHP), and FDA's expectations for how an SLPHP evaluation should be conducted and an SLPHP determination should be reached. The draft guidance identifies certain points to consider that a competent authority, a farm, a facility, an importer, or other relevant entity should take into consideration when evaluating whether a measure that is different from that required under (part 112) 21 CFR part 112 or the preventive controls requirements in (part 117 or part 507) 21 CFR part 117 or 507 meets the SLPHP threshold under the foreign supplier verification program (FSVP) regulation (21 CFR part 1, subpart L) or under part 112.

Federal Register, Volume 83 Issue 17 (Thursday, January 25, 2018)
[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Proposed Rules]
[Pages 3447-3449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01296]



[[Page 3447]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1, 112, 117, and 507

[Docket No. FDA-2017-D-0397]


Considerations for Determining Whether a Measure Provides the 
Same Level of Public Health Protection as the Corresponding Requirement 
in 21 CFR Part 112 or the Preventive Controls Requirements in Part 117 
or 507; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is 
announcing the availability of a draft guidance for industry entitled 
``Considerations for Determining Whether a Measure Provides the Same 
Level of Public Health Protection as the Corresponding Requirement in 
21 CFR 112 or the Preventive Controls Requirements in Part 117 or 
507.'' The draft guidance describes FDA's current thinking on the 
concept of ``same level of public health protection'' (SLPHP), and 
FDA's expectations for how an SLPHP evaluation should be conducted and 
an SLPHP determination should be reached. The draft guidance identifies 
certain points to consider that a competent authority, a farm, a 
facility, an importer, or other relevant entity should take into 
consideration when evaluating whether a measure that is different from 
that required under (part 112) 21 CFR part 112 or the preventive 
controls requirements in (part 117 or part 507) 21 CFR part 117 or 507 
meets the SLPHP threshold under the foreign supplier verification 
program (FSVP) regulation (21 CFR part 1, subpart L) or under part 112.

DATES: Submit either electronic or written comments on the draft 
guidance by May 25, 2018 to ensure that the Agency considers your 
comment on this 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-0397 for ``Considerations for Determining Whether a Measure 
Provides the Same Level of Public Health Protection as the 
Corresponding Requirement in 21 CFR 112 or the Preventive Controls 
Requirements in Part 117 or 507.'' 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 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Center for Food Safety and Applied Nutrition (HFS-300), Food and 
Drug Administration, 5001 Campus Dr., College Park, MD 20740. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Ritu Nalubola, Office of Policy, Food 
and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 
20993, 301-796-3252.

SUPPLEMENTARY INFORMATION: 

I. Background

    We are announcing the availability of a draft guidance for industry 
entitled ``Considerations for Determining Whether a Measure Provides 
the Same Level of Public Health Protection as the Corresponding 
Requirement in 21 CFR 112 or the Preventive Controls Requirements in 
Part 117 or 507.'' We are issuing the draft guidance consistent with 
FDA's good guidance practices regulation (21 CFR 10.115). The draft 
guidance, when finalized, will represent the current thinking of FDA on 
this topic. It does not establish any rights for

[[Page 3448]]

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. This guidance is not subject to Executive 
Order 12866.
    The draft guidance relates to four of the seven foundational rules 
that we have established in Title 21 of the Code of Federal Regulations 
(21 CFR) as part of our implementation of the FDA Food Safety 
Modernization Act (FSMA) (Pub. L. 111-353). Table 1 lists these four 
rules.

                    Table 1--The Four Foundational FSMA Rules Relevant to the Draft Guidance
----------------------------------------------------------------------------------------------------------------
  Title and abbreviations for the          Regulatory
      purpose of this document            codification                           Publication
----------------------------------------------------------------------------------------------------------------
Current Good Manufacturing           21 CFR part 117.......  80 FR 55908, September 17, 2015.
 Practice, Hazard Analysis, and
 Risk-Based Preventive Controls for
 Human Food (PC for Human Food
 regulation).
Current Good Manufacturing           21 CFR part 507.......  80 FR 56170, September 17, 2015.
 Practice, Hazard Analysis, and
 Risk-Based Preventive Controls for
 Food for Animals (PC for Animal
 Food regulation).
Standards for the Growing,           21 CFR part 112.......  80 FR 74354, November 27, 2015.
 Harvesting, Packing, and Holding
 of Produce for Human Consumption
 (Produce Safety regulation).
Foreign Supplier Verification        21 CFR part 1, subpart  80 FR 74226, November 27, 2015.
 Programs for Importers of Food for   L.
 Humans and Animals (FSVP
 regulation).
----------------------------------------------------------------------------------------------------------------

    The FSVP regulation requires, in relevant part, that importers 
develop, maintain, and follow an FSVP that provides adequate assurances 
that the foreign supplier of a food is using processes and procedures 
that provide the SLPHP as those required under part 112 or the 
preventive controls requirements in part 117 or part 507, respectively, 
if any is applicable. As incorporated in 21 CFR 1.502(a), this means 
that importers may import food consistent with the FSVP regulation even 
if their foreign supplier uses a process or procedure that varies in 
some way from the processes and procedures required under the 
applicable requirements in these regulations, provided that the 
importer follows an FSVP that provides adequate assurance that the 
processes or procedures that the supplier uses provide the SLPHP as 
those required under the relevant FDA requirement. Similarly, a 
provision in the FSVP requirements for dietary supplements, in 21 CFR 
1.511(c), also requires that foreign supplier verification activities 
performed under that section must provide adequate assurances that a 
supplier is producing the dietary supplement in accordance with 
processes and procedures that provide the same level of public health 
protection as those required under 21 CFR part 111 (the dietary 
supplement current good manufacturing practice regulations). In 
addition, the Produce Safety regulation includes certain provisions 
whereby farms may use measures different from those required under part 
112, provided all relevant requirements are met, including that those 
measures must provide the SLPHP as the corresponding FDA-established 
requirement (Sec. Sec.  112.12, 112.49, and 112.171-182 (Subpart P--
Variances)).
    The draft guidance describes FDA's current thinking on 
considerations relevant to SLPHP determinations, specifically in 
relation to the FSVP, PC for Human Food, PC for Animal Food, and 
Produce Safety regulations. The draft guidance identifies certain 
points to consider that a competent authority, a farm, a facility, an 
importer, or other relevant entity should take into consideration when 
evaluating whether a measure that is different from that required under 
part 112 or the preventive controls requirements in part 117 or 507 
meets the SLPHP threshold under the FSVP or Produce Safety regulations. 
In addition, FDA expects to apply these same points in our own 
evaluations of whether a measure that is different from that required 
under the applicable provisions of these regulations provides the same 
level of public health protection as the corresponding requirement.
    These points are intended to provide a general framework for 
evaluating the adequacy of a measure to provide the necessary level of 
public health protection that FDA determined is appropriate by 
establishing the corresponding requirement. We rely on an overarching 
principle that an SLPHP determination should be supported by sound 
scientific evidence that is analyzed by competent individuals, taking 
into account any unique measure-specific considerations. There are 
different scenarios under which an SLPHP evaluation may be conducted, 
and we recognize that an evaluation of a measure's level of public 
health protection compared to the corresponding FDA requirement can 
vary widely, including with respect to the scope of evaluation and the 
entity that conducts the evaluation. Although the points to consider 
can be flexibly used, as appropriate and applicable, considering the 
specific circumstances applicable to the measure and the context for 
its evaluation, we expect using these points will help achieve 
consistency in the application of the concept of SLPHP across different 
circumstances and by different entities. As we implement the FSMA 
rules, FDA will also consider what, if any, training may be necessary 
for our personnel to better understand and apply these points, and help 
ensure consistency in our evaluations for SLPHP determinations.

II. The Paperwork Reduction Act of 1995

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

III. Electronic Access

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


[[Page 3449]]


    Dated: January 18, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-01296 Filed 1-24-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                         Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules                                             3447

                                                  DEPARTMENT OF HEALTH AND                                the docket unchanged. Because your                     claimed confidential information
                                                  HUMAN SERVICES                                          comment will be made public, you are                   redacted/blacked out, will be available
                                                                                                          solely responsible for ensuring that your              for public viewing and posted on
                                                  Food and Drug Administration                            comment does not include any                           https://www.regulations.gov. Submit
                                                                                                          confidential information that you or a                 both copies to the Dockets Management
                                                  21 CFR Parts 1, 112, 117, and 507                       third party may not wish to be posted,                 Staff. If you do not wish your name and
                                                  [Docket No. FDA–2017–D–0397]                            such as medical information, your or                   contact information to be made publicly
                                                                                                          anyone else’s Social Security number, or               available, you can provide this
                                                  Considerations for Determining                          confidential business information, such                information on the cover sheet and not
                                                  Whether a Measure Provides the Same                     as a manufacturing process. Please note                in the body of your comments and you
                                                  Level of Public Health Protection as                    that if you include your name, contact                 must identify this information as
                                                  the Corresponding Requirement in 21                     information, or other information that                 ‘‘confidential.’’ Any information marked
                                                  CFR Part 112 or the Preventive                          identifies you in the body of your                     as ‘‘confidential’’ will not be disclosed
                                                  Controls Requirements in Part 117 or                    comments, that information will be                     except in accordance with 21 CFR 10.20
                                                  507; Draft Guidance for Industry;                       posted on https://www.regulations.gov.                 and other applicable disclosure law. For
                                                  Availability                                              • If you want to submit a comment                    more information about FDA’s posting
                                                                                                          with confidential information that you                 of comments to public dockets, see 80
                                                  AGENCY:    Food and Drug Administration,                do not wish to be made available to the                FR 56469, September 18, 2015, or access
                                                  HHS.                                                    public, submit the comment as a                        the information at: https://www.gpo.gov/
                                                  ACTION:   Notification of availability.                 written/paper submission and in the                    fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                          manner detailed (see ‘‘Written/Paper                   23389.pdf.
                                                  SUMMARY:   The Food and Drug
                                                                                                          Submissions’’ and ‘‘Instructions’’).                      Docket: For access to the docket to
                                                  Administration (FDA, we, or Agency) is
                                                  announcing the availability of a draft                  Written/Paper Submissions                              read background documents or the
                                                  guidance for industry entitled                                                                                 electronic and written/paper comments
                                                                                                             Submit written/paper submissions as
                                                  ‘‘Considerations for Determining                                                                               received, go to https://
                                                                                                          follows:
                                                                                                                                                                 www.regulations.gov and insert the
                                                  Whether a Measure Provides the Same                        • Mail/Hand delivery/Courier (for
                                                  Level of Public Health Protection as the                                                                       docket number, found in brackets in the
                                                                                                          written/paper submissions): Dockets
                                                  Corresponding Requirement in 21 CFR                                                                            heading of this document, into the
                                                                                                          Management Staff (HFA–305), Food and
                                                  112 or the Preventive Controls                                                                                 ‘‘Search’’ box and follow the prompts
                                                                                                          Drug Administration, 5630 Fishers
                                                  Requirements in Part 117 or 507.’’ The                                                                         and/or go to the Dockets Management
                                                                                                          Lane, Rm. 1061, Rockville, MD 20852.
                                                  draft guidance describes FDA’s current                     • For written/paper comments                        Staff, 5630 Fishers Lane, Rm. 1061,
                                                  thinking on the concept of ‘‘same level                 submitted to the Dockets Management                    Rockville, MD 20852.
                                                  of public health protection’’ (SLPHP),                  Staff, FDA will post your comment, as                     You may submit comments on any
                                                  and FDA’s expectations for how an                       well as any attachments, except for                    guidance at any time (see 21 CFR
                                                  SLPHP evaluation should be conducted                    information submitted, marked and                      10.115(g)(5)).
                                                  and an SLPHP determination should be                    identified, as confidential, if submitted                 Submit written requests for single
                                                  reached. The draft guidance identifies                  as detailed in ‘‘Instructions.’’                       copies of the draft guidance to the
                                                  certain points to consider that a                          Instructions: All submissions received              Center for Food Safety and Applied
                                                  competent authority, a farm, a facility,                must include the Docket No. FDA–                       Nutrition (HFS–300), Food and Drug
                                                  an importer, or other relevant entity                   2017–D–0397 for ‘‘Considerations for                   Administration, 5001 Campus Dr.,
                                                  should take into consideration when                     Determining Whether a Measure                          College Park, MD 20740. Send one self-
                                                  evaluating whether a measure that is                    Provides the Same Level of Public                      addressed adhesive label to assist that
                                                  different from that required under (part                Health Protection as the Corresponding                 office in processing your requests. See
                                                  112) 21 CFR part 112 or the preventive                  Requirement in 21 CFR 112 or the                       the SUPPLEMENTARY INFORMATION section
                                                  controls requirements in (part 117 or                   Preventive Controls Requirements in                    for electronic access to the draft
                                                  part 507) 21 CFR part 117 or 507 meets                  Part 117 or 507.’’ Received comments                   guidance document.
                                                  the SLPHP threshold under the foreign                   will be placed in the docket and, except               FOR FURTHER INFORMATION CONTACT: Ritu
                                                  supplier verification program (FSVP)                    for those submitted as ‘‘Confidential                  Nalubola, Office of Policy, Food and
                                                  regulation (21 CFR part 1, subpart L) or                Submissions,’’ publicly viewable at                    Drug Administration, 10903 New
                                                  under part 112.                                         https://www.regulations.gov or at the                  Hampshire Ave., Silver Spring, MD
                                                  DATES: Submit either electronic or                      Dockets Management Staff between 9                     20993, 301–796–3252.
                                                  written comments on the draft guidance                  a.m. and 4 p.m., Monday through                        SUPPLEMENTARY INFORMATION:
                                                  by May 25, 2018 to ensure that the                      Friday.
                                                                                                             • Confidential Submissions—To                       I. Background
                                                  Agency considers your comment on this
                                                  draft guidance before it begins work on                 submit a comment with confidential                        We are announcing the availability of
                                                  the final version of the guidance.                      information that you do not wish to be                 a draft guidance for industry entitled
                                                  ADDRESSES: You may submit comments                      made publicly available, submit your                   ‘‘Considerations for Determining
                                                  on any guidance at any time as follows:                 comments only as a written/paper                       Whether a Measure Provides the Same
                                                                                                          submission. You should submit two                      Level of Public Health Protection as the
                                                  Electronic Submissions                                  copies total. One copy will include the                Corresponding Requirement in 21 CFR
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                    Submit electronic comments in the                     information you claim to be confidential               112 or the Preventive Controls
                                                  following way:                                          with a heading or cover note that states               Requirements in Part 117 or 507.’’ We
                                                    • Federal eRulemaking Portal:                         ‘‘THIS DOCUMENT CONTAINS                               are issuing the draft guidance consistent
                                                  https://www.regulations.gov. Follow the                 CONFIDENTIAL INFORMATION.’’ The                        with FDA’s good guidance practices
                                                  instructions for submitting comments.                   Agency will review this copy, including                regulation (21 CFR 10.115). The draft
                                                  Comments submitted electronically,                      the claimed confidential information, in               guidance, when finalized, will represent
                                                  including attachments, to https://                      its consideration of comments. The                     the current thinking of FDA on this
                                                  www.regulations.gov will be posted to                   second copy, which will have the                       topic. It does not establish any rights for


                                             VerDate Sep<11>2014   16:54 Jan 24, 2018   Jkt 244001   PO 00000   Frm 00041   Fmt 4702   Sfmt 4702   E:\FR\FM\25JAP1.SGM   25JAP1


                                                  3448                   Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules

                                                  any person and is not binding on FDA                    regulations. This guidance is not subject                 of Federal Regulations (21 CFR) as part
                                                  or the public. You can use an alternate                 to Executive Order 12866.                                 of our implementation of the FDA Food
                                                  approach if it satisfies the requirements                 The draft guidance relates to four of                   Safety Modernization Act (FSMA) (Pub.
                                                  of the applicable statutes and                          the seven foundational rules that we                      L. 111–353). Table 1 lists these four
                                                                                                          have established in Title 21 of the Code                  rules.
                                                                        TABLE 1—THE FOUR FOUNDATIONAL FSMA RULES RELEVANT TO THE DRAFT GUIDANCE
                                                         Title and abbreviations for the purpose of this document                        Regulatory codification                            Publication

                                                  Current Good Manufacturing Practice, Hazard Analysis, and Risk-                 21 CFR part 117 ..........................    80 FR 55908, September 17, 2015.
                                                    Based Preventive Controls for Human Food (PC for Human Food
                                                    regulation).
                                                  Current Good Manufacturing Practice, Hazard Analysis, and Risk-                 21 CFR part 507 ..........................    80 FR 56170, September 17, 2015.
                                                    Based Preventive Controls for Food for Animals (PC for Animal
                                                    Food regulation).
                                                  Standards for the Growing, Harvesting, Packing, and Holding of                  21 CFR part 112 ..........................    80 FR 74354, November 27, 2015.
                                                    Produce for Human Consumption (Produce Safety regulation).
                                                  Foreign Supplier Verification Programs for Importers of Food for Hu-            21 CFR part 1, subpart L .............        80 FR 74226, November 27, 2015.
                                                    mans and Animals (FSVP regulation).



                                                    The FSVP regulation requires, in                         The draft guidance describes FDA’s                     used, as appropriate and applicable,
                                                  relevant part, that importers develop,                  current thinking on considerations                        considering the specific circumstances
                                                  maintain, and follow an FSVP that                       relevant to SLPHP determinations,                         applicable to the measure and the
                                                  provides adequate assurances that the                   specifically in relation to the FSVP, PC                  context for its evaluation, we expect
                                                  foreign supplier of a food is using                     for Human Food, PC for Animal Food,                       using these points will help achieve
                                                  processes and procedures that provide                   and Produce Safety regulations. The                       consistency in the application of the
                                                  the SLPHP as those required under part                  draft guidance identifies certain points                  concept of SLPHP across different
                                                  112 or the preventive controls                          to consider that a competent authority,                   circumstances and by different entities.
                                                  requirements in part 117 or part 507,                   a farm, a facility, an importer, or other                 As we implement the FSMA rules, FDA
                                                  respectively, if any is applicable. As                  relevant entity should take into                          will also consider what, if any, training
                                                  incorporated in 21 CFR 1.502(a), this                   consideration when evaluating whether                     may be necessary for our personnel to
                                                  means that importers may import food                    a measure that is different from that                     better understand and apply these
                                                  consistent with the FSVP regulation                     required under part 112 or the                            points, and help ensure consistency in
                                                  even if their foreign supplier uses a                   preventive controls requirements in part                  our evaluations for SLPHP
                                                                                                          117 or 507 meets the SLPHP threshold                      determinations.
                                                  process or procedure that varies in some
                                                  way from the processes and procedures                   under the FSVP or Produce Safety                          II. The Paperwork Reduction Act of
                                                                                                          regulations. In addition, FDA expects to                  1995
                                                  required under the applicable
                                                                                                          apply these same points in our own
                                                  requirements in these regulations,
                                                                                                          evaluations of whether a measure that is                    This draft guidance refers to
                                                  provided that the importer follows an
                                                                                                          different from that required under the                    previously approved collections of
                                                  FSVP that provides adequate assurance                   applicable provisions of these                            information found in FDA regulations.
                                                  that the processes or procedures that the               regulations provides the same level of                    These collections of information are
                                                  supplier uses provide the SLPHP as                      public health protection as the                           subject to review by the Office of
                                                  those required under the relevant FDA                   corresponding requirement.                                Management and Budget (OMB) under
                                                  requirement. Similarly, a provision in
                                                                                                             These points are intended to provide                   the Paperwork Reduction Act of 1995
                                                  the FSVP requirements for dietary                                                                                 (44 U.S.C. 3501–3520). The collections
                                                  supplements, in 21 CFR 1.511(c), also                   a general framework for evaluating the
                                                                                                          adequacy of a measure to provide the                      of information in part 117 have been
                                                  requires that foreign supplier                                                                                    approved under OMB control number
                                                                                                          necessary level of public health
                                                  verification activities performed under                                                                           0910–0751. The collections of
                                                                                                          protection that FDA determined is
                                                  that section must provide adequate                                                                                information in part 507 have been
                                                                                                          appropriate by establishing the
                                                  assurances that a supplier is producing                                                                           approved under OMB control number
                                                                                                          corresponding requirement. We rely on
                                                  the dietary supplement in accordance                    an overarching principle that an SLPHP                    0910–0789. The collections of
                                                  with processes and procedures that                      determination should be supported by                      information in part 112 have been
                                                  provide the same level of public health                 sound scientific evidence that is                         approved under OMB control number
                                                  protection as those required under 21                   analyzed by competent individuals,                        0910–0816. The collections of
                                                  CFR part 111 (the dietary supplement                    taking into account any unique                            information in part 1, subpart L, have
                                                  current good manufacturing practice                     measure-specific considerations. There                    been approved under OMB control
                                                  regulations). In addition, the Produce                  are different scenarios under which an                    number 0910–0752.
                                                  Safety regulation includes certain                      SLPHP evaluation may be conducted,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                    III. Electronic Access
                                                  provisions whereby farms may use                        and we recognize that an evaluation of
                                                  measures different from those required                  a measure’s level of public health                          Persons with access to the internet
                                                  under part 112, provided all relevant                   protection compared to the                                may obtain the draft guidance at either
                                                  requirements are met, including that                    corresponding FDA requirement can                         http://www.fda.gov/FoodGuidances or
                                                  those measures must provide the SLPHP                   vary widely, including with respect to                    https://www.regulations.gov. Use the
                                                  as the corresponding FDA-established                    the scope of evaluation and the entity                    FDA website listed in the previous
                                                  requirement (§§ 112.12, 112.49, and                     that conducts the evaluation. Although                    sentence to find the most current
                                                  112.171–182 (Subpart P—Variances)).                     the points to consider can be flexibly                    version of the guidance.


                                             VerDate Sep<11>2014   16:54 Jan 24, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4702   Sfmt 4702   E:\FR\FM\25JAP1.SGM         25JAP1


                                                                         Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules                                           3449

                                                    Dated: January 18, 2018.                              confidential business information, such                ‘‘confidential.’’ Any information marked
                                                  Leslie Kux,                                             as a manufacturing process. Please note                as ‘‘confidential’’ will not be disclosed
                                                  Associate Commissioner for Policy.                      that if you include your name, contact                 except in accordance with 21 CFR 10.20
                                                  [FR Doc. 2018–01296 Filed 1–24–18; 8:45 am]             information, or other information that                 and other applicable disclosure law. For
                                                  BILLING CODE 4164–01–P                                  identifies you in the body of your                     more information about FDA’s posting
                                                                                                          comments, that information will be                     of comments to public dockets, see 80
                                                                                                          posted on https://www.regulations.gov.                 FR 56469, September 18, 2015, or access
                                                  DEPARTMENT OF HEALTH AND                                  • If you want to submit a comment                    the information at: https://www.gpo.gov/
                                                  HUMAN SERVICES                                          with confidential information that you                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                          do not wish to be made available to the                23389.pdf.
                                                  Food and Drug Administration                            public, submit the comment as a                           Docket: For access to the docket to
                                                                                                          written/paper submission and in the                    read background documents or the
                                                  21 CFR Part 117                                         manner detailed (see ‘‘Written/Paper                   electronic and written/paper comments
                                                  [Docket No. FDA–2016–D–2343]
                                                                                                          Submissions’’ and ‘‘Instructions’’).                   received, go to https://
                                                                                                                                                                 www.regulations.gov and insert the
                                                                                                          Written/Paper Submissions
                                                  Hazard Analysis and Risk-Based                                                                                 docket number, found in brackets in the
                                                  Preventive Controls for Human Food;                        Submit written/paper submissions as                 heading of this document, into the
                                                  Draft Guidance for Industry;                            follows:                                               ‘‘Search’’ box and follow the prompts
                                                                                                             • Mail/Hand delivery/Courier (for                   and/or go to the Dockets Management
                                                  Availability
                                                                                                          written/paper submissions): Dockets                    Staff, 5630 Fishers Lane, Rm. 1061,
                                                  AGENCY:    Food and Drug Administration,                Management Staff (HFA–305), Food and                   Rockville, MD 20852.
                                                  HHS.                                                    Drug Administration, 5630 Fishers                         You may submit comments on any
                                                  ACTION:   Notification of availability.                 Lane, Rm. 1061, Rockville, MD 20852.                   guidance at any time (see 21 CFR
                                                                                                             • For written/paper comments                        10.115(g)(5)).
                                                  SUMMARY:   The Food and Drug                            submitted to the Dockets Management                       Submit written requests for single
                                                  Administration (FDA, we, or Agency) is                  Staff, FDA will post your comment, as                  copies of the draft guidance to Office of
                                                  announcing the availability of another                  well as any attachments, except for                    Food Safety, Center for Food Safety and
                                                  draft chapter of a multichapter guidance                information submitted, marked and                      Applied Nutrition, Food and Drug
                                                  for industry entitled ‘‘Hazard Analysis                 identified, as confidential, if submitted              Administration (HFS–300), 5001
                                                  and Risk-Based Preventive Controls for                  as detailed in ‘‘Instructions.’’                       Campus Dr., College Park, MD 20740.
                                                  Human Food: Draft Guidance for                             Instructions: All submissions received              Send two self-addressed adhesive labels
                                                  Industry.’’ This multichapter draft                     must include the Docket No. FDA–                       to assist that office in processing your
                                                  guidance is intended to explain our                     2016–D–2343 for ‘‘Hazard Analysis and                  request. See the SUPPLEMENTARY
                                                  current thinking on how to comply with                  Risk-Based Preventive Controls for                     INFORMATION section for electronic
                                                  the requirements for hazard analysis                    Human Food: Draft Guidance for                         access to the draft guidance.
                                                  and risk-based preventive controls                      Industry.’’ Received comments will be                  FOR FURTHER INFORMATION CONTACT:
                                                  under our rule entitled ‘‘Current Good                  placed in the docket and, except for                   Jenny Scott, Center for Food Safety and
                                                  Manufacturing Practice, Hazard                          those submitted as ‘‘Confidential                      Applied Nutrition (HFS–300), Food and
                                                  Analysis, and Risk-Based Preventive                     Submissions,’’ publicly viewable at                    Drug Administration, 5001 Campus Dr.,
                                                  Controls for Human Food.’’ The newly                    https://www.regulations.gov or at the                  College Park, MD 20740, 240–402–2166.
                                                  available draft chapter is entitled                     Dockets Management Staff between 9                     SUPPLEMENTARY INFORMATION:
                                                  ‘‘Chapter 15—Supply-Chain Program for                   a.m. and 4 p.m., Monday through
                                                  Human Food Products.’’                                  Friday.                                                I. Background
                                                  DATES: Submit either electronic or                         • Confidential Submissions—To                          The FDA Food Safety Modernization
                                                  written comments by May 25, 2018 to                     submit a comment with confidential                     Act (FSMA) (Pub. L. 111–353) enables
                                                  ensure that the Agency considers your                   information that you do not wish to be                 FDA to better protect public health by
                                                  comment on this draft guidance before                   made publicly available, submit your                   helping to ensure the safety and security
                                                  it begins work on the final version of the              comments only as a written/paper                       of the food supply. It enables FDA to
                                                  guidance.                                               submission. You should submit two                      focus more on preventing food safety
                                                  ADDRESSES: You may submit comments                      copies total. One copy will include the                problems rather than relying primarily
                                                  on any guidance at any time as follows:                 information you claim to be confidential               on reacting to problems after they occur.
                                                                                                          with a heading or cover note that states               FSMA recognizes the important role
                                                  Electronic Submissions                                  ‘‘THIS DOCUMENT CONTAINS                               industry plays in ensuring the safety of
                                                    Submit electronic comments in the                     CONFIDENTIAL INFORMATION.’’ The                        the food supply, including the adoption
                                                  following way:                                          Agency will review this copy, including                of modern systems of preventive
                                                    • Federal eRulemaking Portal:                         the claimed confidential information, in               controls in food production.
                                                  https://www.regulations.gov. Follow the                 its consideration of comments. The                        Section 103 of FSMA amended
                                                  instructions for submitting comments.                   second copy, which will have the                       section 418 of the Federal Food, Drug,
                                                  Comments submitted electronically,                      claimed confidential information                       and Cosmetic Act (FD&C Act) (21 U.S.C.
                                                  including attachments, to https://                      redacted/blacked out, will be available                350g) by adding requirements for hazard
                                                  www.regulations.gov will be posted to                   for public viewing and posted on                       analysis and risk-based preventive
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  the docket unchanged. Because your                      https://www.regulations.gov. Submit                    controls for establishments that are
                                                  comment will be made public, you are                    both copies to the Dockets Management                  required to register as food facilities
                                                  solely responsible for ensuring that your               Staff. If you do not wish your name and                under our regulations, in 21 CFR part 1,
                                                  comment does not include any                            contact information to be made publicly                subpart H, in accordance with section
                                                  confidential information that you or a                  available, you can provide this                        415 of the FD&C Act (21 U.S.C. 350d).
                                                  third party may not wish to be posted,                  information on the cover sheet and not                 We have established regulations to
                                                  such as medical information, your or                    in the body of your comments and you                   implement these requirements within
                                                  anyone else’s Social Security number, or                must identify this information as                      part 117 (21 CFR part 117).


                                             VerDate Sep<11>2014   16:54 Jan 24, 2018   Jkt 244001   PO 00000   Frm 00043   Fmt 4702   Sfmt 4702   E:\FR\FM\25JAP1.SGM   25JAP1



Document Created: 2018-01-25 08:50:36
Document Modified: 2018-01-25 08:50:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of availability.
DatesSubmit either electronic or written comments on the draft guidance by May 25, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactRitu Nalubola, Office of Policy, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-796-3252.
FR Citation83 FR 3447 
CFR Citation21 CFR 1
21 CFR 112
21 CFR 117
21 CFR 507

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR