83_FR_38303 83 FR 38153 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice and Retail Food Stores Facility Types

83 FR 38153 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice and Retail Food Stores Facility Types

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38153-38157
FR Document2018-16648

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

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38153-38157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16648]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0270]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Survey on the 
Occurrence of Foodborne Illness Risk Factors in Selected Institutional 
Foodservice and Retail Food Stores Facility Types

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
September 4, 2018.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0799. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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

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

Survey on the Occurrence of Foodborne Illness Risk Factors in Selected 
Institutional Foodservice and Retail Food Stores Facility Types

OMB Control Number 0910-0799--Reinstatement

I. Background

    From 1998 to 2008, FDA's National Retail Food Team conducted a 
study to measure trends in the occurrence of foodborne illness risk 
factors, preparation practices, and employee behaviors most commonly 
reported to the Centers for Disease Control and Prevention as 
contributing factors to foodborne illness outbreaks at the retail 
level. Specifically, data was collected by FDA specialists in retail 
and foodservice establishments at 5-year intervals (1998, 2003, and 
2008) to observe and document trends in the occurrence of the following 
foodborne illness risk factors:
     Food from Unsafe Sources,
     Poor Personal Hygiene,
     Inadequate Cooking,
     Improper Holding/Time and Temperature, and
     Contaminated Equipment/Cross-Contamination.
    FDA developed reports summarizing the findings for each of the 
three data collection periods (1998, 2003, and 2008) (Refs. 1 to 3). 
Data from all three data collection periods were analyzed to detect 
trends in improvement or regression over time and to determine whether 
progress had been made toward the goal of reducing the occurrence of 
foodborne illness risk factors in selected retail and foodservice 
facility types (Ref. 4).
    Using this 10-year survey as a foundation, in 2013 to 2014, FDA 
initiated a new study in full service and fast food restaurants. This 
study will span 10 years with additional data collections planned for 
2017 to 2018 and 2021 to 2022.
    FDA recently completed the baseline data collection in select 
healthcare, school, and retail food store facility types in 2015 to 
2016. This proposed study will also span 10 years with additional data 
collections planned for 2019 to 2020 (the subject of this information 
collection request reinstatement) and 2023 to 2024 (which will be 
posted in the Federal Register at the next renewal).

    Table 1--Description of the Facility Types Included in the Survey
------------------------------------------------------------------------
        Facility type                         Description
------------------------------------------------------------------------
Healthcare Facilities........  Hospitals and long-term care facilities
                                foodservice operations that prepare
                                meals for highly susceptible populations
                                as defined as follows:
                                Hospitals--A foodservice
                                operation that provides for the
                                nutritional needs of inpatients by
                                preparing meals and transporting them to
                                the patient's room and/or serving meals
                                in a cafeteria setting (meals in the
                                cafeteria may also be served to hospital
                                staff and visitors).
                                Long-term care facilities--A
                                foodservice operation that prepares
                                meals for the residents in a group care
                                living setting such as nursing homes and
                                assisted living facilities.
                               Note: For the purposes of this study,
                                healthcare facilities that do not
                                prepare or serve food to a highly
                                susceptible population, such as mental
                                healthcare facilities, are not included
                                in this facility type category.
Schools (K-12)...............  Foodservice operations that have the
                                primary function of preparing and
                                serving meals for students in one or
                                more grade levels from kindergarten
                                through grade 12. A school foodservice
                                may be part of a public or private
                                institution.
Retail Food Stores...........  Supermarkets and grocery stores that have
                                a deli department/operation as described
                                as follows:
                                   Deli department/operation--
                                   Areas in a retail food store where
                                   foods, such as luncheon meats and
                                   cheeses, are sliced for the customers
                                   and where sandwiches and salads are
                                   prepared onsite or received from a
                                   commissary in bulk containers,
                                   portioned, and displayed. Parts of
                                   deli operations may include:
                                     Salad bars, pizza stations,
                                     and other food bars managed by the
                                     deli department manager.
                                     Areas where other foods are
                                     cooked or prepared and offered for
                                     sale as ready-to-eat and are
                                     managed by the deli department
                                     manager.
                               Data will also be collected in the
                                following areas of a supermarket or
                                grocery store, if present:

[[Page 38154]]

 
                                   Seafood department/operation--
                                   Areas in a retail food store where
                                   seafood is cut, prepared, stored, or
                                   displayed for sale to the consumer.
                                   In retail food stores where the
                                   seafood department is combined with
                                   another department (e.g. meat), the
                                   data collector will only assess the
                                   procedures and practices associated
                                   with the processing of seafood.
                                   Produce department/operation--
                                   Areas in a retail food store where
                                   produce is cut, prepared, stored, or
                                   displayed for sale to the consumer. A
                                   produce operation may include salad
                                   bars or juice stations that are
                                   managed by the produce manager.
------------------------------------------------------------------------

    The purpose of the study is to:
     Assist FDA with developing retail food safety initiatives 
and policies focused on the control of foodborne illness risk factors;
     Identify retail food safety work plan priorities and 
allocate resources to enhance retail food safety nationwide;
     Track changes in the occurrence of foodborne illness risk 
factors in retail and foodservice establishments over time; and
     Inform recommendations to the retail and foodservice 
industry and State, local, tribal, and territorial regulatory 
professionals on reducing the occurrence of foodborne illness risk 
factors.
    The statutory basis for FDA conducting this study is derived from 
the Public Health Service Act (PHS Act) (42 U.S.C. 243, section 
311(a)). Responsibility for carrying out the provisions of the PHS Act 
relative to food protection was transferred to the Commissioner of Food 
and Drugs in 1968 (21 CFR 5.10(a)(2) and (4)). Additionally, the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the 
Economy Act (31 U.S.C. 1535) require FDA to provide assistance to other 
Federal, State, and local government bodies.
    The objectives of the study are to:
     Identify the least and most often occurring foodborne 
illness risk factors and food safety behaviors/practices in healthcare, 
school, restaurant, and retail food store facility types during each 
data collection period;
     Track improvement and/or regression trends in the 
occurrence of foodborne illness risk factors during the 10-year study 
period;
     Examine potential correlations between operational 
characteristics of food establishments and the control of foodborne 
illness risk factors;
     Examine potential correlations between elements within 
regulatory retail food protection programs and the control of foodborne 
illness risk factors; and
     Determine the extent to which food safety management 
systems and the presence of a certified food protection manager impact 
the occurrence of foodborne illness risk factors.
    The methodology to be used for this information collection is 
described as follows. To obtain a sufficient number of observations to 
conduct statistically significant analysis, FDA will conduct 
approximately 400 data collections in each facility type. This sample 
size has been calculated to provide for sufficient observations to be 
95 percent confident that the compliance percentage is within 5 percent 
of the true compliance percentage.
    A geographical information system database containing a listing of 
businesses throughout the United States provides the establishment 
inventory for the data collections. FDA samples establishments from the 
inventory based on the descriptions in table 1. FDA does not intend to 
sample operations that handle only prepackaged food items or conduct 
low-risk food preparation activities. The ``FDA Food Code'' contains a 
grouping of establishments by risk, based on the type of food 
preparation that is normally conducted within the operation (Ref. 5). 
The intent is to sample establishments that fall under risk categories 
2 through 4.
    FDA has approximately 25 Regional Retail Food Specialists 
(Specialists) who serve as the data collectors for the 10-year study. 
The Specialists are geographically dispersed throughout the United 
States and possess technical expertise in retail food safety and a 
solid understanding of the operations within each of the facility types 
to be surveyed. The Specialists are also standardized by FDA's Center 
for Food Safety and Applied Nutrition personnel in the application and 
interpretation of the FDA Food Code (Ref. 5).
    Sampling zones have been established that are equal to the 150-mile 
radius around a Specialist's home location. The sample is selected 
randomly from among all eligible establishments located within these 
sampling zones. The Specialists are generally located in major 
metropolitan areas (i.e., population centers) across the contiguous 
United States. Population centers usually contain a large concentration 
of the establishments FDA intends to sample. Sampling from the 150-mile 
radius sampling zones around the Specialists' home locations provides 
three advantages to the study:
    1. It provides a cross-section of urban and rural areas from which 
to sample the eligible establishments.
    2. It represents a mix of small, medium, and large regulatory 
entities having jurisdiction over the eligible establishments.
    3. It reduces overnight travel and therefore reduces travel costs 
incurred by the Agency to collect data.
    The sample for each data collection period is evenly distributed 
among Specialists. Given that participation in the study by industry is 
voluntary and the status of any given randomly selected establishment 
is subject to change, substitute establishments have been selected for 
each Specialist for cases where the institutional foodservice, school, 
or retail food store facility is misclassified, closed, or otherwise 
unavailable, unable, or unwilling to participate.
    Prior to conducting the data collection, Specialists contact the 
State or local jurisdiction that has regulatory responsibility for 
conducting retail food inspections for the selected establishment. The 
Specialist verifies with the jurisdiction that the facility has been 
properly classified for the purposes of the study and is still in 
operation. The Specialist ascertains whether the selected facility is 
under legal notice from the State or local regulatory authority. If the 
selected facility is under legal notice, the Specialist will not 
conduct a data collection, and a substitute establishment will be used. 
An invitation is extended to the State or local regulatory authority to 
accompany the Specialist on the data collection visit.
    A standard form is used by the Specialists during each data 
collection. The form is divided into three sections: Section 1--
``Establishment Information''; Section 2--``Regulatory Authority 
Information''; and Section 3--``Foodborne Illness Risk Factor and

[[Page 38155]]

Food Safety Management System Assessment''. The information in Section 
1--``Establishment Information'' of the form is obtained during an 
interview with the establishment owner or person in charge by the 
Specialist and includes a standard set of questions.
    The information in Section 2--``Regulatory Authority Information'' 
is obtained during an interview with the program director of the State 
or local jurisdiction that has regulatory responsibility for conducting 
inspections for the selected establishment. Section 3 includes three 
parts: Part A for tabulating the Specialists' observations of the food 
employees' behaviors and practices in limiting contamination, 
proliferation, and survival of food safety hazards; Part B for 
assessing the food safety management system being implemented by the 
facility; and Part C for assessing the frequency and extent of food 
employee hand washing. The information in Part A is collected from the 
Specialists' direct observations of food employee behaviors and 
practices. Infrequent, nonstandard questions may be asked by the 
Specialists if clarification is needed on the food safety procedure or 
practice being observed. The information in Part B is collected by 
making direct observations and asking followup questions of facility 
management to obtain information on the extent to which the food 
establishment has developed and implemented food safety management 
systems. The information in Part C is collected by making direct 
observations of food employee hand washing. No questions are asked in 
the completion of Section 3, Part C of the form.
    FDA collects the following information associated with the 
establishment's identity: Establishment name, street address, city, 
state, ZIP code, county, industry segment, and facility type. The 
establishment identifying information is collected to ensure the data 
collections are not duplicative. Other information related to the 
nature of the operation, such as seating capacity and number of 
employees per shift, is also collected. Data will be consolidated and 
reported in a manner that does not reveal the identity of any 
establishment included in the study.
    FDA has collaborated with the Food Protection and Defense 
Institute\1\ to develop a web-based platform in FoodSHIELD to collect, 
store, and analyze data for the Retail Risk Factor Study. This platform 
is accessible to State, local, territorial, and tribal regulatory 
jurisdictions to collect data relevant to their own risk factor 
studies. For the 2015 to 2016 data collection, FDA piloted the use of 
hand-held technology for capturing the data onsite during the data 
collection visits. The tablets that were made available for the data 
collections were part of a broader Agency initiative focused on 
internal uses of hand-held technology. The tablets provided for the 
data collection presented several technical and logistical challenges 
and increased the time burden associated with the data collection as 
compared to the manual entry of data collections. FDA continues to 
assess the feasibility for fully incorporating use of hand-held 
technology in subsequent data collections during the 10-year study 
period.
---------------------------------------------------------------------------

    \1\ https://foodprotection.umn.edu/.
---------------------------------------------------------------------------

    When a data collector is assigned a specific establishment, he or 
she conducts the data collection and enters the information into the 
web-based data platform. The interface will support the manual entering 
of data, as well as the ability to directly enter information in the 
database via a web browser.
    In the Federal Register of February 7, 2018 (83 FR 5441), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received two comments.
    (Comment 1) National Association of County and City Health 
Officials (NACCHO) provided comments related to the following areas:
    a. Supports FDA's efforts to reduce the occurrence of foodborne 
illness through the proposed study and activities on retail food 
safety.
    b. Recommends that Assisted Living Facilities should be included in 
the facility types surveyed in the study.
    c. Recommends that FDA interview food handlers at retail food 
facilities.
    d. Strongly urges FDA to use weighted random sampling to select 
retail food facilities for the study and consider more factors for 
establishing sampling zones.
    e. Recommends that FDA work with State and local health departments 
to obtain data needed.
    (Response 1) FDA provides the following responses to the comments 
provided by NACCHO:
    a. FDA thanks the submitter for supporting FDA's efforts to reduce 
the occurrence of foodborne illness through the proposed study and 
activities on retail food safety.
    b. The information collection identifies assisted living facilities 
within the Long-Term Care category. The study protocol defines Long-
Term Care Facilities as foodservice operations that prepare meals for 
residents in a group care living setting such as nursing homes and 
assisted living centers.
    c. The study data collection protocol combines direct observations 
of procedures and practices and interaction with both the Person In 
Charge and front line food employees.
    d. Sampling zones for this information collection contain 
approximately 59 percent of all healthcare establishments, 59 percent 
of all school establishments, and 61 percent of all retail food store 
establishments in the contiguous United States. The sample size of the 
information collections provides sufficient observations to be 95 
percent confident that compliance percentages derived from the data 
collections are within 5 percent of their actual occurrence.
    e. This type of research requires a standardized design and 
methodology to ensure that the occurrences of the foodborne illness 
risk factors are uniformly assessed. Retail Food Specialists are 
standardized by the Center for Food Safety and Applied Nutrition and 
have a strong working knowledge of retail food industry. State and 
local regulators are encouraged to accompany the data collectors during 
the data collection.
    (Comment 2) Academy of Nutrition and Dietetics commented that they 
support the proposed information collection for survey on the 
occurrence of foodborne illness risk factors in various settings. The 
Academy provided comments pertaining to the following general areas of 
the study:
    a. Question whether 90 minutes is adequate for surveying larger 
facilities.
    b. Request FDA evaluate the impact of conducting surveys during 
non-peak hours of operation.
    c. Suggest that the use of gloves is not adequately addressed in 
the survey.
    d. Recommend adding a food allergy component.
    e. Encourage continued efforts to simplify and standardize 
expiration dates. Related to institutional operations at the retail 
level, the Academy provided the following comments:
    a. Seeks clarification related to health systems as to whether FDA 
will focus on the central facilities in hospital food service due to 
their higher potential reach, impact, and risk.
    b. Seeks clarification whether the survey will be part of routine 
inspections or in addition to them and whether the information 
collections will be scheduled or unannounced.
    c. Seeks clarification on how FDA will analyze the information 
collected and which data points will be tied to

[[Page 38156]]

which outcomes. (Response 2) FDA thanks the submitter for their comment 
and appreciates their support. Regarding general areas of the study, 
FDA provides the following responses:
    a. The current 10-year study estimates 90 minutes as the average 
time needed to adequately collect necessary information, taking into 
account both small and large facilities. This average time is 
consistent with the amount of time burden estimated for the previous 
data collection periods and provides a sufficient timeframe to observe 
food safety practices and procedures that are the focus of the study.
    b. Based on the methodology of the study, the information 
collection is performed during hours of operation of the randomly 
selected facility. Data collections are scheduled at times that provide 
the best opportunity to observe food preparation activities.
    c. Information collection related to handwashing and no bare hand 
contact with ready-to-eat foods, which may include use of gloves, is 
based on assessment of observations against the most current edition of 
the FDA Model Food Code. Provisions of the Food Code identify when 
handwashing and no bare hand contact with ready-to-eat food are 
required during food preparation and service. The current Food Code 
does not recognize the use of hand antiseptics in lieu of handwashing 
during food preparation and service.
    d. The study is collecting information regarding the knowledge of 
the person in charge related to food allergens and training of food 
service employees on allergy awareness as it relates to their assigned 
duties in their facility.
    e. The scope of this data collection focuses on foodborne illness 
risk factors and does not include assessment of expiration dates of 
manufactured foods as part of this research assessment. Related to 
institutional operations at the retail level, FDA provides the 
following responses:
    a. The data collection protocol provides the definition of the 
hospital facility type that will be the focus of information 
collection. It is described as foodservice operations that provide for 
the nutritional needs of inpatients, by preparing meals and 
transporting them to the patient's room and/or serving meals in a 
cafeteria setting (meals in the cafeteria may also be served to 
hospital staff and visitors).
    b. The data collections are unannounced and separate from any 
regulatory routine inspections. Industry's participation in the study 
is voluntary. This methodology allows for assessment of direct 
observations related to the foodborne illness risk factors during food 
preparation and service.
    c. The study is designed to investigate data points focused on the 
relationship between food safety management systems, certified food 
protection managers, and the occurrence of risk factors and food safety 
behaviors/practices commonly associated with foodborne illness in the 
randomly selected facility.
    Data items 1 through 10 are considered primary data items. Each of 
the primary data items has been placed under the appropriate FDA 
foodborne illness risk factor category that will be used as the key 
indicator for FDA's statistical analysis for the study:

 Risk Factor--Poor Personal Hygiene
    (1) Employees practice proper handwashing
    (2) Food Employees do not contact ready-to-eat foods with bare 
hands
 Contaminated Equipment/Protection from Contamination
    (3) Food is protected from cross-contamination during storage, 
preparation, and display
    (4) Food contact surfaces are properly cleaned and sanitized
 Improper Holding/Time and Temperature
    (5) Foods requiring refrigeration are held at the proper 
temperature
    (6) Foods displayed or stored hot are held at the proper 
temperature
    (7) Foods are cooled properly
    (8) Refrigerated, ready-to-eat foods are properly date marked and 
discarded within 7 days of preparation or opening
 Inadequate Cooking
    (9) Raw animal foods are cooked to required temperatures
    (10) Cooked foods are reheated to required temperatures

    The burden for the 2019 to 2020 data collection is as follows. For 
each data collection, the respondents will include: (1) The person in 
charge of the selected facility (whether it be a healthcare facility, 
school, or supermarket/grocery store) and (2) the program director (or 
designated individual) of the respective regulatory authority. To 
provide the sufficient number of observations needed to conduct a 
statistically significant analysis of the data, FDA has determined that 
400 data collections will be required in each of the three facility 
types. Therefore, the total number of responses will be 2,400 (400 data 
collections x 3 facility types x 2 respondents per data collection).
    The burden associated with the completion of Sections 1 and 3 of 
the form is specific to the persons in charge of the selected 
facilities. It includes the time it will take the person in charge to 
accompany the data collector during the site visit and answer the data 
collector's questions. The burden related to the completion of Section 
2 of the form is specific to the program directors (or designated 
individuals) of the respective regulatory authorities. It includes the 
time it will take to answer the data collectors' questions and is the 
same regardless of the facility type.
    To calculate the estimate of the hours per response, FDA uses the 
average data collection duration for similar facility types during the 
FDA's 2008 Risk Factor Study plus an additional 30 minutes (0.5 hour) 
for the information related to Section 2 of the form. FDA estimates 
that it will take the persons in charge of healthcare facility types, 
schools, and retail food stores 150 minutes (2.5 hours), 120 minutes (2 
hours), and 180 minutes (3 hours), respectively, to accompany the data 
collectors while they complete Sections 1 and 3 of the form. FDA 
estimates that it will take the program director (or designated 
individual) of the respective regulatory authority 30 minutes (0.5 
hour) to answer the questions related to Section 2 of the form. This 
burden estimate is unchanged from the last data collection. Hence, the 
total burden estimate for a data collection in healthcare facility 
types is 180 minutes (150 + 30) (3 hours), in schools is 150 minutes 
(120 + 30) (2.5 hours), and retail food stores is 210 minutes (180 + 
30) (3.5 hours).
    Based on the number of entry refusals from the 2015 to 2016 
baseline data collection, we estimate a refusal rate of 2 percent for 
the data collections within healthcare, school, and retail food store 
facility types. The estimate of the time per non-respondent is 5 
minutes (0.08 hour) for the person in charge to listen to the purpose 
of the visit and provide a verbal refusal of entry.
    FDA estimates the burden of this collection of information as 
follows:

[[Page 38157]]



                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Number of       Total                         Number of
          Activity             Number of    responses per    annual     Number of  non-   responses per    Total  annual    Average  burden      Total
                              respondents    respondent     responses     respondents     non-respondent   non-responses     per  response       hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019-2020 Data Collection             400               1         400  ................  ...............  ..............  2.5...............       1,000
 (Healthcare Facilities)--
 Completion of Sections 1
 and 3.
2019-2020 Data Collection             400               1         400  ................  ...............  ..............  2.................         800
 (Schools)--Completion of
 Sections 1 and 3.
2019-2020 Data Collection             400               1         400  ................  ...............  ..............  3.................       1,200
 (Retail Food Stores)--
 Completion of Sections 1
 and 3.
2019-2020 Data Collection-          1,200               1       1,200  ................  ...............  ..............  0.5 (30 minutes)..         600
 Completion of Section 2--
 All Facility Types.
2019-2020 Data Collection-    ...........  ..............  ..........                24                1              24  0.08 (5 minutes)..        1.92
 Entry Refusals--All
 Facility Types.
                             ---------------------------------------------------------------------------------------------------------------------------
    Total...................  ...........  ..............  ..........  ................  ...............  ..............  ..................    3,601.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The burden for this information collection has not changed since 
the last OMB approval.

II. References

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

    1. ``Report of the FDA Retail Food Program Database of Foodborne 
Illness Risk Factors'' (2000). Available at: https://wayback.archive-it.org/7993/20170406023019/https://www.fda.gov/downloads/Food/GuidanceRegulation/UCM123546.pdf.
    2. ``FDA Report on the Occurrence of Foodborne Illness Risk 
Factors in Selected Institutional Foodservice, Restaurant, and 
Retail Food Store Facility Types'' (2004). Available at: https://wayback.archive-it.org/7993/20170406023011/https://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/UCM423850.pdf.
    3. ``FDA Report on the Occurrence of Foodborne Illness Risk 
Factors in Selected Institutional Foodservice, Restaurant, and 
Retail Food Store Facility Types'' (2009). Available at: https://wayback.archive-it.org/7993/20170406023004/https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/ucm224321.htm.
    4. FDA National Retail Food Team. ``FDA Trend Analysis Report on 
the Occurrence of Foodborne Illness Risk Factors in Selected 
Institutional Foodservice, Restaurant, and Retail Food Store 
Facility Types (1998-2008).'' Available at: https://wayback.archive-it.org/7993/20170406022950/https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/ucm223293.htm.
    5. ``FDA Food Code.'' Available at:https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/default.htm.

    Dated: July 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-16648 Filed 8-2-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                            38153

                                                The burden estimate has not changed                     comments be faxed to the Office of                     establishments at 5-year intervals (1998,
                                              for information collection related to                     Information and Regulatory Affairs,                    2003, and 2008) to observe and
                                              section 518(e) of the FD&C Act and part                   OMB, Attn: FDA Desk Officer, Fax: 202–                 document trends in the occurrence of
                                              810 since the last OMB approval.                          395–7285, or emailed to oira_                          the following foodborne illness risk
                                                Dated: July 24, 2018.                                   submission@omb.eop.gov. All                            factors:
                                              Leslie Kux,                                               comments should be identified with the                   • Food from Unsafe Sources,
                                              Associate Commissioner for Policy.
                                                                                                        OMB control number 0910–0799. Also                       • Poor Personal Hygiene,
                                                                                                        include the FDA docket number found                      • Inadequate Cooking,
                                              [FR Doc. 2018–16618 Filed 8–2–18; 8:45 am]
                                                                                                        in brackets in the heading of this                       • Improper Holding/Time and
                                              BILLING CODE 4164–01–P
                                                                                                        document.                                              Temperature, and
                                                                                                        FOR FURTHER INFORMATION CONTACT:    Ila                  • Contaminated Equipment/Cross-
                                              DEPARTMENT OF HEALTH AND                                  S. Mizrachi, Office of Operations, Food                Contamination.
                                              HUMAN SERVICES                                            and Drug Administration, Three White                     FDA developed reports summarizing
                                                                                                        Flint North, 10A–12M, 11601                            the findings for each of the three data
                                              Food and Drug Administration                              Landsdown St., North Bethesda, MD                      collection periods (1998, 2003, and
                                              [Docket No. FDA–2018–N–0270]                              20852, 301–796–7726, PRAStaff@                         2008) (Refs. 1 to 3). Data from all three
                                                                                                        fda.hhs.gov.                                           data collection periods were analyzed to
                                              Agency Information Collection                             SUPPLEMENTARY INFORMATION:    In                       detect trends in improvement or
                                              Activities; Submission for Office of                                                                             regression over time and to determine
                                                                                                        compliance with 44 U.S.C. 3507, FDA
                                              Management and Budget Review;                                                                                    whether progress had been made toward
                                                                                                        has submitted the following proposed
                                              Comment Request; Survey on the                                                                                   the goal of reducing the occurrence of
                                                                                                        collection of information to OMB for
                                              Occurrence of Foodborne Illness Risk                                                                             foodborne illness risk factors in selected
                                                                                                        review and clearance.
                                              Factors in Selected Institutional                                                                                retail and foodservice facility types (Ref.
                                              Foodservice and Retail Food Stores                        Survey on the Occurrence of Foodborne                  4).
                                              Facility Types                                            Illness Risk Factors in Selected                         Using this 10-year survey as a
                                                                                                        Institutional Foodservice and Retail                   foundation, in 2013 to 2014, FDA
                                              AGENCY:     Food and Drug Administration,
                                                                                                        Food Stores Facility Types                             initiated a new study in full service and
                                              HHS.
                                              ACTION:    Notice.                                        OMB Control Number 0910–0799—                          fast food restaurants. This study will
                                                                                                        Reinstatement                                          span 10 years with additional data
                                              SUMMARY:   The Food and Drug                                                                                     collections planned for 2017 to 2018
                                              Administration (FDA) is announcing                        I. Background                                          and 2021 to 2022.
                                              that a proposed collection of                               From 1998 to 2008, FDA’s National                      FDA recently completed the baseline
                                              information has been submitted to the                     Retail Food Team conducted a study to                  data collection in select healthcare,
                                              Office of Management and Budget                           measure trends in the occurrence of                    school, and retail food store facility
                                              (OMB) for review and clearance under                      foodborne illness risk factors,                        types in 2015 to 2016. This proposed
                                              the Paperwork Reduction Act of 1995.                      preparation practices, and employee                    study will also span 10 years with
                                              DATES: Fax written comments on the                        behaviors most commonly reported to                    additional data collections planned for
                                              collection of information by September                    the Centers for Disease Control and                    2019 to 2020 (the subject of this
                                              4, 2018.                                                  Prevention as contributing factors to                  information collection request
                                              ADDRESSES: To ensure that comments on                     foodborne illness outbreaks at the retail              reinstatement) and 2023 to 2024 (which
                                              the information collection are received,                  level. Specifically, data was collected by             will be posted in the Federal Register at
                                              OMB recommends that written                               FDA specialists in retail and foodservice              the next renewal).

                                                                                TABLE 1—DESCRIPTION OF THE FACILITY TYPES INCLUDED IN THE SURVEY
                                                        Facility type                                                                            Description

                                              Healthcare Facilities .............    Hospitals and long-term care facilities foodservice operations that prepare meals for highly susceptible popu-
                                                                                       lations as defined as follows:
                                                                                     • Hospitals—A foodservice operation that provides for the nutritional needs of inpatients by preparing meals and
                                                                                       transporting them to the patient’s room and/or serving meals in a cafeteria setting (meals in the cafeteria may
                                                                                       also be served to hospital staff and visitors).
                                                                                     • Long-term care facilities—A foodservice operation that prepares meals for the residents in a group care living
                                                                                       setting such as nursing homes and assisted living facilities.
                                                                                     Note: For the purposes of this study, healthcare facilities that do not prepare or serve food to a highly susceptible
                                                                                       population, such as mental healthcare facilities, are not included in this facility type category.
                                              Schools (K–12) .....................   Foodservice operations that have the primary function of preparing and serving meals for students in one or more
                                                                                       grade levels from kindergarten through grade 12. A school foodservice may be part of a public or private insti-
                                                                                       tution.
                                              Retail Food Stores ...............     Supermarkets and grocery stores that have a deli department/operation as described as follows:
                                                                                          • Deli department/operation—Areas in a retail food store where foods, such as luncheon meats and
                                                                                            cheeses, are sliced for the customers and where sandwiches and salads are prepared onsite or received
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                                                                                            from a commissary in bulk containers, portioned, and displayed. Parts of deli operations may include:
                                                                                               • Salad bars, pizza stations, and other food bars managed by the deli department manager.
                                                                                               • Areas where other foods are cooked or prepared and offered for sale as ready-to-eat and are man-
                                                                                                 aged by the deli department manager.
                                                                                     Data will also be collected in the following areas of a supermarket or grocery store, if present:




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                                              38154                          Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices

                                                                    TABLE 1—DESCRIPTION OF THE FACILITY TYPES INCLUDED IN THE SURVEY—Continued
                                                       Facility type                                                                           Description

                                                                                       • Seafood department/operation—Areas in a retail food store where seafood is cut, prepared, stored, or dis-
                                                                                         played for sale to the consumer. In retail food stores where the seafood department is combined with an-
                                                                                         other department (e.g. meat), the data collector will only assess the procedures and practices associated
                                                                                         with the processing of seafood.
                                                                                       • Produce department/operation—Areas in a retail food store where produce is cut, prepared, stored, or dis-
                                                                                         played for sale to the consumer. A produce operation may include salad bars or juice stations that are
                                                                                         managed by the produce manager.



                                                 The purpose of the study is to:                      manager impact the occurrence of                       concentration of the establishments
                                                 • Assist FDA with developing retail                  foodborne illness risk factors.                        FDA intends to sample. Sampling from
                                              food safety initiatives and policies                       The methodology to be used for this                 the 150-mile radius sampling zones
                                              focused on the control of foodborne                     information collection is described as                 around the Specialists’ home locations
                                              illness risk factors;                                   follows. To obtain a sufficient number                 provides three advantages to the study:
                                                 • Identify retail food safety work plan              of observations to conduct statistically                  1. It provides a cross-section of urban
                                              priorities and allocate resources to                    significant analysis, FDA will conduct                 and rural areas from which to sample
                                              enhance retail food safety nationwide;                  approximately 400 data collections in                  the eligible establishments.
                                                 • Track changes in the occurrence of                 each facility type. This sample size has                  2. It represents a mix of small,
                                              foodborne illness risk factors in retail                been calculated to provide for sufficient              medium, and large regulatory entities
                                              and foodservice establishments over                     observations to be 95 percent confident                having jurisdiction over the eligible
                                              time; and                                               that the compliance percentage is                      establishments.
                                                 • Inform recommendations to the                      within 5 percent of the true compliance                   3. It reduces overnight travel and
                                              retail and foodservice industry and                     percentage.                                            therefore reduces travel costs incurred
                                              State, local, tribal, and territorial                      A geographical information system                   by the Agency to collect data.
                                              regulatory professionals on reducing the                database containing a listing of                          The sample for each data collection
                                              occurrence of foodborne illness risk                    businesses throughout the United States                period is evenly distributed among
                                              factors.                                                provides the establishment inventory for               Specialists. Given that participation in
                                                 The statutory basis for FDA                          the data collections. FDA samples                      the study by industry is voluntary and
                                              conducting this study is derived from                   establishments from the inventory based                the status of any given randomly
                                              the Public Health Service Act (PHS Act)                 on the descriptions in table 1. FDA does               selected establishment is subject to
                                              (42 U.S.C. 243, section 311(a)).                        not intend to sample operations that                   change, substitute establishments have
                                              Responsibility for carrying out the                     handle only prepackaged food items or                  been selected for each Specialist for
                                              provisions of the PHS Act relative to                   conduct low-risk food preparation                      cases where the institutional
                                              food protection was transferred to the                  activities. The ‘‘FDA Food Code’’                      foodservice, school, or retail food store
                                              Commissioner of Food and Drugs in                       contains a grouping of establishments                  facility is misclassified, closed, or
                                              1968 (21 CFR 5.10(a)(2) and (4)).                       by risk, based on the type of food                     otherwise unavailable, unable, or
                                              Additionally, the Federal Food, Drug,                   preparation that is normally conducted                 unwilling to participate.
                                              and Cosmetic Act (21 U.S.C. 301 et seq.)                within the operation (Ref. 5). The intent                 Prior to conducting the data
                                              and the Economy Act (31 U.S.C. 1535)                    is to sample establishments that fall                  collection, Specialists contact the State
                                              require FDA to provide assistance to                    under risk categories 2 through 4.                     or local jurisdiction that has regulatory
                                              other Federal, State, and local                            FDA has approximately 25 Regional                   responsibility for conducting retail food
                                              government bodies.                                      Retail Food Specialists (Specialists) who              inspections for the selected
                                                 The objectives of the study are to:                  serve as the data collectors for the 10-               establishment. The Specialist verifies
                                                 • Identify the least and most often                  year study. The Specialists are                        with the jurisdiction that the facility has
                                              occurring foodborne illness risk factors                geographically dispersed throughout the                been properly classified for the
                                              and food safety behaviors/practices in                  United States and possess technical                    purposes of the study and is still in
                                              healthcare, school, restaurant, and retail              expertise in retail food safety and a solid            operation. The Specialist ascertains
                                              food store facility types during each                   understanding of the operations within                 whether the selected facility is under
                                              data collection period;                                 each of the facility types to be surveyed.             legal notice from the State or local
                                                 • Track improvement and/or                           The Specialists are also standardized by               regulatory authority. If the selected
                                              regression trends in the occurrence of                  FDA’s Center for Food Safety and                       facility is under legal notice, the
                                              foodborne illness risk factors during the               Applied Nutrition personnel in the                     Specialist will not conduct a data
                                              10-year study period;                                   application and interpretation of the                  collection, and a substitute
                                                 • Examine potential correlations                     FDA Food Code (Ref. 5).                                establishment will be used. An
                                              between operational characteristics of                     Sampling zones have been established                invitation is extended to the State or
                                              food establishments and the control of                  that are equal to the 150-mile radius                  local regulatory authority to accompany
                                              foodborne illness risk factors;                         around a Specialist’s home location.                   the Specialist on the data collection
                                                 • Examine potential correlations                     The sample is selected randomly from                   visit.
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                                              between elements within regulatory                      among all eligible establishments                         A standard form is used by the
                                              retail food protection programs and the                 located within these sampling zones.                   Specialists during each data collection.
                                              control of foodborne illness risk factors;              The Specialists are generally located in               The form is divided into three sections:
                                              and                                                     major metropolitan areas (i.e.,                        Section 1—‘‘Establishment
                                                 • Determine the extent to which food                 population centers) across the                         Information’’; Section 2—‘‘Regulatory
                                              safety management systems and the                       contiguous United States. Population                   Authority Information’’; and Section 3—
                                              presence of a certified food protection                 centers usually contain a large                        ‘‘Foodborne Illness Risk Factor and


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                                                                             Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                             38155

                                              Food Safety Management System                            regulatory jurisdictions to collect data              that prepare meals for residents in a
                                              Assessment’’. The information in                         relevant to their own risk factor studies.            group care living setting such as nursing
                                              Section 1—‘‘Establishment Information’’                  For the 2015 to 2016 data collection,                 homes and assisted living centers.
                                              of the form is obtained during an                        FDA piloted the use of hand-held                         c. The study data collection protocol
                                              interview with the establishment owner                   technology for capturing the data onsite              combines direct observations of
                                              or person in charge by the Specialist                    during the data collection visits. The                procedures and practices and
                                              and includes a standard set of questions.                tablets that were made available for the              interaction with both the Person In
                                                 The information in Section 2—                         data collections were part of a broader               Charge and front line food employees.
                                              ‘‘Regulatory Authority Information’’ is                  Agency initiative focused on internal                    d. Sampling zones for this
                                              obtained during an interview with the                    uses of hand-held technology. The                     information collection contain
                                              program director of the State or local                   tablets provided for the data collection              approximately 59 percent of all
                                              jurisdiction that has regulatory                         presented several technical and                       healthcare establishments, 59 percent of
                                              responsibility for conducting                            logistical challenges and increased the               all school establishments, and 61
                                              inspections for the selected                             time burden associated with the data                  percent of all retail food store
                                              establishment. Section 3 includes three                  collection as compared to the manual                  establishments in the contiguous United
                                              parts: Part A for tabulating the                         entry of data collections. FDA continues              States. The sample size of the
                                              Specialists’ observations of the food                    to assess the feasibility for fully                   information collections provides
                                              employees’ behaviors and practices in                    incorporating use of hand-held                        sufficient observations to be 95 percent
                                              limiting contamination, proliferation,                   technology in subsequent data                         confident that compliance percentages
                                              and survival of food safety hazards; Part                collections during the 10-year study                  derived from the data collections are
                                              B for assessing the food safety                          period.                                               within 5 percent of their actual
                                              management system being implemented                        When a data collector is assigned a                 occurrence.
                                              by the facility; and Part C for assessing                specific establishment, he or she                        e. This type of research requires a
                                              the frequency and extent of food                         conducts the data collection and enters               standardized design and methodology to
                                              employee hand washing. The                               the information into the web-based data               ensure that the occurrences of the
                                              information in Part A is collected from                  platform. The interface will support the              foodborne illness risk factors are
                                              the Specialists’ direct observations of                  manual entering of data, as well as the               uniformly assessed. Retail Food
                                              food employee behaviors and practices.                   ability to directly enter information in              Specialists are standardized by the
                                              Infrequent, nonstandard questions may                    the database via a web browser.                       Center for Food Safety and Applied
                                              be asked by the Specialists if                             In the Federal Register of February 7,              Nutrition and have a strong working
                                              clarification is needed on the food safety               2018 (83 FR 5441), FDA published a 60-                knowledge of retail food industry. State
                                              procedure or practice being observed.                    day notice requesting public comment                  and local regulators are encouraged to
                                              The information in Part B is collected by                on the proposed collection of                         accompany the data collectors during
                                              making direct observations and asking                    information. FDA received two                         the data collection.
                                              followup questions of facility                           comments.                                                (Comment 2) Academy of Nutrition
                                              management to obtain information on                        (Comment 1) National Association of                 and Dietetics commented that they
                                              the extent to which the food                             County and City Health Officials                      support the proposed information
                                              establishment has developed and                          (NACCHO) provided comments related                    collection for survey on the occurrence
                                              implemented food safety management                       to the following areas:                               of foodborne illness risk factors in
                                              systems. The information in Part C is                      a. Supports FDA’s efforts to reduce                 various settings. The Academy provided
                                              collected by making direct observations                  the occurrence of foodborne illness                   comments pertaining to the following
                                              of food employee hand washing. No                        through the proposed study and                        general areas of the study:
                                              questions are asked in the completion of                 activities on retail food safety.                        a. Question whether 90 minutes is
                                              Section 3, Part C of the form.                             b. Recommends that Assisted Living                  adequate for surveying larger facilities.
                                                 FDA collects the following                            Facilities should be included in the                     b. Request FDA evaluate the impact of
                                              information associated with the                          facility types surveyed in the study.                 conducting surveys during non-peak
                                              establishment’s identity: Establishment                    c. Recommends that FDA interview                    hours of operation.
                                              name, street address, city, state, ZIP                   food handlers at retail food facilities.                 c. Suggest that the use of gloves is not
                                              code, county, industry segment, and                        d. Strongly urges FDA to use weighted               adequately addressed in the survey.
                                              facility type. The establishment                         random sampling to select retail food                    d. Recommend adding a food allergy
                                              identifying information is collected to                  facilities for the study and consider                 component.
                                              ensure the data collections are not                      more factors for establishing sampling                   e. Encourage continued efforts to
                                              duplicative. Other information related                   zones.                                                simplify and standardize expiration
                                              to the nature of the operation, such as                    e. Recommends that FDA work with                    dates. Related to institutional operations
                                              seating capacity and number of                           State and local health departments to                 at the retail level, the Academy
                                              employees per shift, is also collected.                  obtain data needed.                                   provided the following comments:
                                              Data will be consolidated and reported                     (Response 1) FDA provides the                          a. Seeks clarification related to health
                                              in a manner that does not reveal the                     following responses to the comments                   systems as to whether FDA will focus
                                              identity of any establishment included                   provided by NACCHO:                                   on the central facilities in hospital food
                                              in the study.                                              a. FDA thanks the submitter for                     service due to their higher potential
                                                 FDA has collaborated with the Food                    supporting FDA’s efforts to reduce the                reach, impact, and risk.
                                              Protection and Defense Institute1 to                     occurrence of foodborne illness through                  b. Seeks clarification whether the
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                                              develop a web-based platform in                          the proposed study and activities on                  survey will be part of routine
                                              FoodSHIELD to collect, store, and                        retail food safety.                                   inspections or in addition to them and
                                              analyze data for the Retail Risk Factor                    b. The information collection                       whether the information collections will
                                              Study. This platform is accessible to                    identifies assisted living facilities                 be scheduled or unannounced.
                                              State, local, territorial, and tribal                    within the Long-Term Care category.                      c. Seeks clarification on how FDA
                                                                                                       The study protocol defines Long-Term                  will analyze the information collected
                                                1 https://foodprotection.umn.edu/.                     Care Facilities as foodservice operations             and which data points will be tied to


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                                              38156                          Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices

                                              which outcomes. (Response 2) FDA                           b. The data collections are                        sufficient number of observations
                                              thanks the submitter for their comment                  unannounced and separate from any                     needed to conduct a statistically
                                              and appreciates their support. Regarding                regulatory routine inspections.                       significant analysis of the data, FDA has
                                              general areas of the study, FDA provides                Industry’s participation in the study is              determined that 400 data collections
                                              the following responses:                                voluntary. This methodology allows for                will be required in each of the three
                                                 a. The current 10-year study estimates               assessment of direct observations                     facility types. Therefore, the total
                                              90 minutes as the average time needed                   related to the foodborne illness risk                 number of responses will be 2,400 (400
                                              to adequately collect necessary                         factors during food preparation and                   data collections × 3 facility types × 2
                                              information, taking into account both                   service.                                              respondents per data collection).
                                              small and large facilities. This average                   c. The study is designed to investigate               The burden associated with the
                                              time is consistent with the amount of                   data points focused on the relationship               completion of Sections 1 and 3 of the
                                              time burden estimated for the previous                  between food safety management                        form is specific to the persons in charge
                                              data collection periods and provides a                  systems, certified food protection                    of the selected facilities. It includes the
                                              sufficient timeframe to observe food                    managers, and the occurrence of risk                  time it will take the person in charge to
                                              safety practices and procedures that are                factors and food safety behaviors/                    accompany the data collector during the
                                              the focus of the study.                                 practices commonly associated with                    site visit and answer the data collector’s
                                                 b. Based on the methodology of the                   foodborne illness in the randomly                     questions. The burden related to the
                                              study, the information collection is                    selected facility.                                    completion of Section 2 of the form is
                                              performed during hours of operation of                     Data items 1 through 10 are                        specific to the program directors (or
                                              the randomly selected facility. Data                    considered primary data items. Each of                designated individuals) of the respective
                                              collections are scheduled at times that                 the primary data items has been placed                regulatory authorities. It includes the
                                              provide the best opportunity to observe                 under the appropriate FDA foodborne                   time it will take to answer the data
                                              food preparation activities.                            illness risk factor category that will be             collectors’ questions and is the same
                                                                                                      used as the key indicator for FDA’s                   regardless of the facility type.
                                                 c. Information collection related to                 statistical analysis for the study:                      To calculate the estimate of the hours
                                              handwashing and no bare hand contact
                                              with ready-to-eat foods, which may                      • Risk Factor—Poor Personal Hygiene                   per response, FDA uses the average data
                                                                                                         (1) Employees practice proper                      collection duration for similar facility
                                              include use of gloves, is based on
                                                                                                            handwashing                                     types during the FDA’s 2008 Risk Factor
                                              assessment of observations against the
                                                                                                         (2) Food Employees do not contact                  Study plus an additional 30 minutes
                                              most current edition of the FDA Model
                                                                                                            ready-to-eat foods with bare hands              (0.5 hour) for the information related to
                                              Food Code. Provisions of the Food Code
                                                                                                      • Contaminated Equipment/Protection                   Section 2 of the form. FDA estimates
                                              identify when handwashing and no bare
                                                                                                            from Contamination                              that it will take the persons in charge of
                                              hand contact with ready-to-eat food are
                                                                                                         (3) Food is protected from cross-                  healthcare facility types, schools, and
                                              required during food preparation and
                                                                                                            contamination during storage,                   retail food stores 150 minutes (2.5
                                              service. The current Food Code does not
                                                                                                            preparation, and display                        hours), 120 minutes (2 hours), and 180
                                              recognize the use of hand antiseptics in
                                                                                                                                                            minutes (3 hours), respectively, to
                                              lieu of handwashing during food                            (4) Food contact surfaces are properly
                                                                                                                                                            accompany the data collectors while
                                              preparation and service.                                      cleaned and sanitized
                                                                                                                                                            they complete Sections 1 and 3 of the
                                                 d. The study is collecting information               • Improper Holding/Time and
                                                                                                                                                            form. FDA estimates that it will take the
                                              regarding the knowledge of the person                         Temperature
                                                                                                                                                            program director (or designated
                                              in charge related to food allergens and                    (5) Foods requiring refrigeration are
                                                                                                                                                            individual) of the respective regulatory
                                              training of food service employees on                         held at the proper temperature
                                                                                                                                                            authority 30 minutes (0.5 hour) to
                                              allergy awareness as it relates to their                   (6) Foods displayed or stored hot are              answer the questions related to Section
                                              assigned duties in their facility.                            held at the proper temperature                  2 of the form. This burden estimate is
                                                 e. The scope of this data collection                    (7) Foods are cooled properly                      unchanged from the last data collection.
                                              focuses on foodborne illness risk factors                  (8) Refrigerated, ready-to-eat foods are           Hence, the total burden estimate for a
                                              and does not include assessment of                            properly date marked and discarded              data collection in healthcare facility
                                              expiration dates of manufactured foods                        within 7 days of preparation or                 types is 180 minutes (150 + 30) (3
                                              as part of this research assessment.                          opening                                         hours), in schools is 150 minutes (120
                                              Related to institutional operations at the              • Inadequate Cooking                                  + 30) (2.5 hours), and retail food stores
                                              retail level, FDA provides the following                   (9) Raw animal foods are cooked to                 is 210 minutes (180 + 30) (3.5 hours).
                                              responses:                                                    required temperatures                              Based on the number of entry refusals
                                                 a. The data collection protocol                         (10) Cooked foods are reheated to                  from the 2015 to 2016 baseline data
                                              provides the definition of the hospital                       required temperatures                           collection, we estimate a refusal rate of
                                              facility type that will be the focus of                    The burden for the 2019 to 2020 data               2 percent for the data collections within
                                              information collection. It is described as              collection is as follows. For each data               healthcare, school, and retail food store
                                              foodservice operations that provide for                 collection, the respondents will include:             facility types. The estimate of the time
                                              the nutritional needs of inpatients, by                 (1) The person in charge of the selected              per non-respondent is 5 minutes (0.08
                                              preparing meals and transporting them                   facility (whether it be a healthcare                  hour) for the person in charge to listen
                                              to the patient’s room and/or serving                    facility, school, or supermarket/grocery              to the purpose of the visit and provide
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                                              meals in a cafeteria setting (meals in the              store) and (2) the program director (or               a verbal refusal of entry.
                                              cafeteria may also be served to hospital                designated individual) of the respective                 FDA estimates the burden of this
                                              staff and visitors).                                    regulatory authority. To provide the                  collection of information as follows:




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                                                                                            Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                                                                                                        38157

                                                                                                                    TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                       Number of                  Total                                               Number of                      Total                       Average
                                                                                              Number of                                                                Number of
                                                             Activity                                                responses per               annual                                             responses per                  annual                      burden per                Total hours
                                                                                             respondents                                                            non-respondents
                                                                                                                       respondent              responses                                           non-respondent               non-responses                   response

                                              2019–2020 Data Collection                                    400                            1                400      ............................   ..........................   ........................   2.5 .....................          1,000
                                                (Healthcare Facilities)—
                                                Completion of Sections 1
                                                and 3.
                                              2019–2020 Data Collection                                    400                            1                400      ............................   ..........................   ........................   2 ........................           800
                                                (Schools)—Completion of
                                                Sections 1 and 3.
                                              2019–2020 Data Collection                                    400                            1                400      ............................   ..........................   ........................   3 ........................         1,200
                                                (Retail Food Stores)—Com-
                                                pletion of Sections 1 and 3.
                                              2019–2020 Data Collection-                               1,200                              1             1,200       ............................   ..........................   ........................   0.5 (30 minutes)                     600
                                                Completion of Section 2—All
                                                Facility Types.
                                              2019–2020 Data Collection-                     ....................   ........................   ..................                           24                             1                       24      0.08 (5 minutes)                    1.92
                                                Entry Refusals—All Facility
                                                Types.

                                                  Total .................................    ....................   ........................   ..................   ............................   ..........................   ........................   ...........................     3,601.92
                                                1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                The burden for this information                                                 archive-it.org/7993/20170406022950/https://                                             Dentistry, HRSA, 5600 Fishers Lane,
                                              collection has not changed since the last                                         www.fda.gov/Food/GuidanceRegulation/                                                    Room 15N39, Rockville, Maryland
                                              OMB approval.                                                                     RetailFoodProtection/FoodborneIllnessRisk
                                                                                                                                                                                                                        20857; 301–443–0430; or jweiss@
                                                                                                                                FactorReduction/ucm223293.htm.
                                              II. References                                                                      5. ‘‘FDA Food Code.’’ Available at:https://                                           hrsa.gov.
                                                                                                                                www.fda.gov/Food/GuidanceRegulation/
                                                 The following references are on                                                RetailFoodProtection/FoodCode/default.htm.                                              SUPPLEMENTARY INFORMATION:     ACICBL
                                              display in the Dockets Management                                                                                                                                         provides advice and recommendations
                                              Staff (HFA–305), Food and Drug                                                      Dated: July 24, 2018.
                                                                                                                                                                                                                        to the Secretary of HHS and to Congress
                                              Administration, 5630 Fishers Lane Rm.                                             Leslie Kux,                                                                             on a broad range of issues relating to
                                              1061, Rockville, MD 20852, and are                                                Associate Commissioner for Policy.                                                      grant programs authorized by sections
                                              available for viewing by interested                                               [FR Doc. 2018–16648 Filed 8–2–18; 8:45 am]                                              750–760, Title VII, Part D of the Public
                                              persons between 9 a.m. and 4 p.m.,                                                BILLING CODE 4164–01–P                                                                  Health Service Act. During the August
                                              Monday through Friday; they are also                                                                                                                                      16, 2018, meeting, ACICBL members
                                              available electronically at https://                                                                                                                                      will discuss preparing the current and
                                              www.regulations.gov. FDA has verified                                             DEPARTMENT OF HEALTH AND                                                                future healthcare workforce to practice
                                              the website addresses, as of the date this                                        HUMAN SERVICES                                                                          in age-friendly health systems within
                                              document publishes in the Federal                                                                                                                                         the context of the quadruple aim. The
                                              Register, but websites are subject to                                             Advisory Committee on
                                                                                                                                Interdisciplinary, Community-Based                                                      quadruple aim focuses on enhancing the
                                              change over time.                                                                                                                                                         patient experience, improving
                                                                                                                                Linkages
                                                 1. ‘‘Report of the FDA Retail Food Program                                                                                                                             population health, and reducing costs
                                              Database of Foodborne Illness Risk Factors’’                                      AGENCY: Health Resources and Service                                                    while improving the work life of health
                                              (2000). Available at: https://wayback.archive-                                    Administration (HRSA), Department of                                                    care providers, including clinicians and
                                              it.org/7993/20170406023019/https://www.                                           Health and Human Services (HHS).                                                        staff. ACICBL submits reports to the
                                              fda.gov/downloads/Food/Guidance
                                                                                                                                ACTION: Notice of meeting.                                                              Secretary of HHS, the Committee on
                                              Regulation/UCM123546.pdf.
                                                 2. ‘‘FDA Report on the Occurrence of                                                                                                                                   Health, Education, Labor, and Pensions
                                                                                                                                SUMMARY:   The Advisory Committee on
                                              Foodborne Illness Risk Factors in Selected                                                                                                                                of the Senate, and the Committee on
                                                                                                                                Interdisciplinary, Community-Based
                                              Institutional Foodservice, Restaurant, and                                                                                                                                Energy and Commerce of the House of
                                              Retail Food Store Facility Types’’ (2004).                                        Linkages (ACICBL) has scheduled a
                                                                                                                                public meeting. Information about                                                       Representatives. An agenda will be
                                              Available at: https://wayback.archive-it.org/                                                                                                                             posted on the ACICBL website prior to
                                              7993/20170406023011/https://www.fda.gov/                                          ACICBL and the agenda for this meeting
                                                                                                                                can be found on the ACICBL website at:                                                  the meeting. Agenda items are subject to
                                              downloads/Food/GuidanceRegulation/Retail
                                              FoodProtection/FoodborneIllnessRiskFactor                                         https://www.hrsa.gov/advisory-                                                          change as priorities dictate.
                                              Reduction/UCM423850.pdf.                                                          committees/interdisciplinary-                                                             Members of the public will have the
                                                 3. ‘‘FDA Report on the Occurrence of                                           community-linkages/index.html.                                                          opportunity to provide comments. Oral
                                              Foodborne Illness Risk Factors in Selected                                                                                                                                comments will be honored in the order
                                                                                                                                DATES: August 16, 2018, 8:00 a.m.–2:00
                                              Institutional Foodservice, Restaurant, and
                                              Retail Food Store Facility Types’’ (2009).                                        p.m. ET.                                                                                they are requested and may be limited
                                              Available at: https://wayback.archive-it.org/                                     ADDRESSES: This meeting will be held                                                    as time allows. Requests to submit a
                                              7993/20170406023004/https://www.fda.gov/                                          by teleconference and webinar.                                                          written statement or make oral
                                              Food/GuidanceRegulation/RetailFood                                                  • Webinar link: https://                                                              comments to ACICBL should be sent to
amozie on DSK3GDR082PROD with NOTICES1




                                              Protection/FoodborneIllnessRiskFactor                                             hrsa.connectsolutions.com/acicbl.                                                       Dr. Joan Weiss, DFO, using the contact
                                              Reduction/ucm224321.htm.                                                            • Conference call-in number: 1–800–                                                   information above at least 3 business
                                                 4. FDA National Retail Food Team. ‘‘FDA                                        324–5531; Passcode: 388458.                                                             days prior to the meeting. Individuals
                                              Trend Analysis Report on the Occurrence of
                                              Foodborne Illness Risk Factors in Selected                                        FOR FURTHER INFORMATION CONTACT: Joan                                                   who plan to attend and need special
                                              Institutional Foodservice, Restaurant, and                                        Weiss, Ph.D., RN, CRNP, FAAN, Senior                                                    assistance or another reasonable
                                              Retail Food Store Facility Types (1998–                                           Advisor and Designated Federal Official                                                 accommodation should notify Dr. Joan
                                              2008).’’ Available at: https://wayback.                                           (DFO), at Division of Medicine and                                                      Weiss at the address and phone number


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Document Created: 2018-11-06 10:35:05
Document Modified: 2018-11-06 10:35:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by September 4, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 38153 

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