83_FR_39604 83 FR 39450 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived From Genetically Engineered Plants

83 FR 39450 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived From Genetically Engineered Plants

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39450-39453
FR Document2018-17024

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection associated with the guidance to assist manufacturers who wish to voluntarily label their foods (human and animal) as being made with or without bioengineering, or the use of bioengineered ingredients, to ensure that labeling is truthful and not misleading.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39450-39453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17024]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-2495]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Voluntary Labeling Indicating Whether Foods Have or 
Have Not Been Derived From Genetically Engineered Plants

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the information collection associated with 
the guidance to assist manufacturers who wish to voluntarily label 
their foods (human and animal) as being made with or without 
bioengineering, or the use of bioengineered ingredients, to ensure that 
labeling is truthful and not misleading.

[[Page 39451]]


DATES: Submit either electronic or written comments on the collection 
of information by October 9, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before October 9, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of October 9, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-2495 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Voluntary Labeling Indicating 
Whether Foods Have or Have Not Been Derived from Genetically Engineered 
Plants.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Voluntary Labeling Indicating Whether Foods Have or Have Not Been 
Derived From Genetically Engineered Plants

OMB Control Number 0910-0807--Extension

    This information collection supports Agency guidance. Section 403 
of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 343) 
generally governs the labeling of foods. Under section 403(a)(1) of the 
FD&C Act, a food is misbranded if its labeling is false or misleading 
in any particular. Section 201(n) of the FD&C Act (21 U.S.C. 321(n)) 
provides that labeling is misleading if, among other things, it fails 
to reveal facts that are material in light of representations made or 
suggested in the labeling, or material with respect to consequences 
that may result from the use of the food to which the labeling relates 
under the conditions of use prescribed in the labeling, or

[[Page 39452]]

under such conditions of use as are customary or usual.
    In the Federal Register of May 29, 1992 (57 FR 22984), we published 
a ``Statement of Policy: Foods Derived from New Plant Varieties'' (the 
1992 Policy). The 1992 Policy applies to foods for humans and animals 
that are developed from new plant varieties, including varieties that 
are developed using recombinant deoxyribonucleic acid (rDNA) 
technology, which is often referred to as ``rDNA technology,'' 
``genetic engineering,'' ``biotechnology,'' or ``bioengineering,'' and 
more recently as ``modern biotechnology.'' The 1992 Policy provides 
guidance to industry on scientific and regulatory issues related to 
bioengineered foods and solicited written comments from interested 
persons. It includes guidance on questions to be answered by developers 
of foods from new plant varieties to ensure that the new products are 
safe and comply with applicable legal requirements.
    The 1992 Policy stated that the method of development of a new 
plant variety, including plants developed using bioengineering, is not 
information that is material under section 201(n) of the FD&C Act and, 
therefore, would not be required in the labeling of food. This 
conclusion is consistent with our historic interpretation of section 
201(n) of the FD&C Act, in that the method of plant breeding is not 
required to be disclosed in labeling. In the 1992 Policy, we addressed, 
among other things, the labeling of foods derived from new plant 
varieties, including plants developed by bioengineering. In the 1992 
Policy, we explained that we were not establishing special labeling 
requirements for foods from bioengineered plants as a class of foods 
because we did not find any basis for concluding that foods from 
bioengineered plants, as a class, differ from other foods in any 
meaningful or uniform way, or that foods developed by the new 
techniques present any different or greater safety concern than foods 
developed by traditional plant breeding.
    The guidance entitled ``Voluntary Labeling Indicating Whether Foods 
Have or Have Not Been Derived from Genetically Engineered Plants'' is 
intended to assist manufacturers that wish to voluntarily label their 
foods (human or animal) as being made with or without genetic 
engineering or the use of genetically engineered ingredients, to ensure 
that such labeling is truthful and not misleading. The guidance is 
available at https://www.fda.gov/FoodGuidances. The information that 
the manufacturers will collect is documentation of handling practices 
so that they can truthfully label their products to indicate, if they 
so choose, whether the food has or has not been developed using genetic 
engineering.
    In general, we anticipate that manufacturers that claim that a 
product is not developed using bioengineered material would 
substantiate the claim. We suggest that manufacturers document 
practices and procedures to substantiate a claim that a food was not 
developed using genetic engineering. Examples of documentation that we 
anticipate will demonstrate practices and procedures are recordkeeping, 
and certifications or affidavits from farmers, processors, and others 
in the food production and distribution chain. We are neither 
suggesting that firms maintain a certain set list of documents nor are 
we suggesting that anything less or different would likely be 
considered unacceptable. Rather, we are leaving it to each firm's 
judgment to maintain appropriate documentation to demonstrate that the 
food was produced using traditional methods.
    Description of Respondents: The respondents to the proposed 
collection of information are manufacturers of foods that were or were 
not derived from genetically engineered plants who wish to voluntarily 
label their food products.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of                      Average  burden
                              Activity                                  Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping per the Guidance.....................................              85                4              340                1              340
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last 
request for OMB approval, we have made no adjustments to our burden 
estimate.
    The number of recordkeepers and respondents reflects the number of 
food products that are labeled using the terms ``biotechnology'' and 
``GMO'' (genetically modified organism). We estimate a recordkeeping 
burden to retain paperwork to substantiate that the food or ingredient 
is produced without genetic engineering only for products that are not 
also already labeled using the term ``organic.'' We did not include 
products that are labeled ``organic'' in the estimated annual 
recordkeeping burden because, according to a final rule in the Federal 
Register of December 21, 2000 (65 FR 80548) issued by the Agriculture 
Marketing Service of the U.S. Department of Agriculture, a food labeled 
as ``organic'' would not be permitted to contain genetically engineered 
materials. Thus, there is no additional paperwork burden to 
substantiate a claim that a product is not developed using genetic 
engineering for these certified organic products.
    We based our estimates of the recordkeeping burden (table 1 of this 
document) on data from Labelbase by FoodEssentials. Labelbase is a 
custom online system for accessing consumer-packaged goods product 
data; the database contains more than 250,000 product labels that can 
be searched by keyword, ingredient, nutrient, allergen, label claim, or 
food additive, for example. Using this database, we have identified 540 
food manufacturers who produce 2,160 products with the term 
``bioengineered'' or ``GMO'' on their labels; this estimate includes 
manufacturers of human food and pet food. In addition, the National 
Center for Appropriate Technology's National Sustainable Agriculture 
Information Center maintains on its website a list of Organic Livestock 
Feed Suppliers. Using this list, we have identified 54 livestock feed 
suppliers that would be likely to include a statement about 
bioengineering on the label of their products and thus would have 
documentation to substantiate their claim.
    Of the 2,160 human food and pet food products that we have 
identified as using the term ``bioengineered'' or ``GMO'' on their 
labels (presumably used in a context to designate foods that are not 
bioengineered), 1,140 of these products (285 manufacturers) also use 
the term ``organic'' on the label; 1,020 products do not use the term 
``organic''

[[Page 39453]]

on the label (2,160 - 1,140 = 1,020 products not organics; 540 - 285 = 
255 manufacturers of not organic products). In addition, the 54 
livestock feed suppliers are also organic producers, thus the 216 
products attributed to these manufacturers already are considered to be 
labeled ``organic.'' Thus, there are 1,020 products made by 255 human 
food and pet food manufacturers that would need to substantiate that 
their product or ingredient was not genetically engineered.
    We estimate that the burden of maintaining the documentation is a 
one-time burden; the document to substantiate that the product or 
ingredient was produced without genetic engineering only needs to be 
generated once and then kept on file. To annualize this one-time 
burden, we divide by 3 because paperwork burden collections are 
approved on a 3-year cycle (255/3 = 85). Thus, we estimate in table 1 
that, on average, 85 manufacturers annually will collect and keep 
information that substantiates their label claim for four products 
(1,020 products/3 = 340 products/85 manufacturers = 4 products per 
manufacturer).
    We estimate this one-time recordkeeping burden to be 1 hour per 
product that makes use of a labeling claim, which results in a burden 
of 1 hour for a total annualized recordkeeping burden of 340 hours (85 
manufacturers x 4 records per manufacturer x 1 hour per record).
    We do not estimate any reporting burden or third-party disclosure 
burden associated with this information collection. Manufacturers who 
want to make use of this voluntary labeling claim option are considered 
to be those that already have such wording on their products' labels. 
We do not expect that this guidance will cause labels already in the 
marketplace to need to be reworded.

    Dated: August 3, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17024 Filed 8-8-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                39450                                  Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                Generic Clearance for the Collection of                                    other characteristics for the purpose of                                     providing FDA information about the
                                                Quantitative Data on Tobacco Products                                      determining the need for and                                                 perceived effectiveness of messages,
                                                and Communications; OMB Control                                            developing health messages,                                                  advertisements, and materials in
                                                Number 0910–0810—Extension                                                 communication strategies, and public                                         reaching and successfully
                                                                                                                           information programs and (2) pretesting                                      communicating with their intended
                                                  In order to conduct educational and                                      these health messages, strategies, and                                       audiences. Quantitative testing
                                                public information programs relating to                                    program components while they are in                                         messages and other materials with a
                                                tobacco use as authorized by section                                       developmental form to assess audience                                        sample of the target audience will allow
                                                1003(d)(2)(D) of the Federal Food, Drug,                                   comprehension, reactions, and                                                FDA to refine messages, advertisements,
                                                and Cosmetic Act (21 U.S.C.                                                perceptions.                                                                 and materials, including questionnaires
                                                393(d)(2)(D)), FDA’s Center for Tobacco                                       Formative pretesting is a staple of best                                  or images, directed at consumers while
                                                Products will create and use a variety of                                  practices in communications research.                                        the materials are still in the
                                                media to inform and educate the public,                                    Obtaining voluntary feedback from                                            developmental stage.
                                                tobacco retailers, and health                                              intended audiences during the
                                                professionals about the risks of tobacco                                                                                                                  In the Federal Register of February
                                                                                                                           development of messages and materials                                        13, 2018 (83 FR 6190), FDA published
                                                use, how to quit using tobacco products,                                   is crucial for the success of every
                                                and FDA’s role in regulating tobacco.                                                                                                                   a 60-day notice requesting public
                                                                                                                           communication program. The purpose                                           comment on the proposed collection of
                                                  To ensure that these health                                              of obtaining information from formative                                      information. One PRA-related comment
                                                communication messages have the                                            pretesting is that it allows FDA to                                          was received.
                                                highest potential to be received,                                          improve materials and strategies while
                                                understood, and accepted by those for                                      revisions are still affordable and                                             Comment: The comment recommends
                                                whom they are intended, the Center for                                     possible. Formative pretesting can also                                      that FDA should research and develop
                                                Tobacco Products will conduct research                                     avoid potentially expensive and                                              communications about educating adults
                                                and studies relating to the control and                                    dangerous unintended outcomes caused                                         about the continuum of risk, and
                                                prevention of disease. In conducting                                       by audiences’ interpreting messages in a                                     educating adults to not provide tobacco
                                                such research, FDA will employ                                             way that was not intended by the                                             products to youth.
                                                formative pretests. Formative pretests                                     drafters. By maximizing the                                                    Response: FDA appreciates the
                                                are conducted on a small scale, and                                        effectiveness of messages and strategies                                     comment. The content and focus on
                                                their focus is on developing and                                           for reaching targeted audiences, the                                         studies submitted through this generic
                                                assessing the likely effectiveness of                                      frequency with which tobacco                                                 clearance will depend on Agency
                                                communications with specific target                                        communication messages need to be                                            priorities and needs, and is not yet
                                                audiences. This type of research                                           modified should be greatly reduced.                                          determined at this time.
                                                involves: (1) Assessing audience                                              The voluntary information collected                                         FDA estimates the burden of this
                                                knowledge, attitudes, behaviors, and                                       will serve the primary purpose of                                            collection of information as follows:

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

                                                Screener ...............................................................................                130,500                                1               130,500                   0.083 (5               10,831
                                                                                                                                                                                                                                         minutes)
                                                Self-Administered Surveys ...................................................                              27,000                             1                  27,000                  0.33 (20                8,910
                                                                                                                                                                                                                                         minutes)

                                                      Total ..............................................................................    ........................   ........................   ........................   ........................         19,741
                                                   1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  The number of respondents to be                                          DEPARTMENT OF HEALTH AND                                                     comment on the proposed collection of
                                                included in each new survey will vary,                                     HUMAN SERVICES                                                               certain information by the Agency.
                                                depending on the nature of the material                                                                                                                 Under the Paperwork Reduction Act of
                                                or message being tested and the target                                     Food and Drug Administration                                                 1995 (PRA), Federal Agencies are
                                                audience. The burden for this                                                                                                                           required to publish notice in the
                                                                                                                           [Docket No. FDA–2018–N–2495]                                                 Federal Register concerning each
                                                information collection extension is
                                                proposed to increase by 12,613 hours                                                                                                                    proposed collection of information,
                                                                                                                           Agency Information Collection
                                                since the last OMB approval. The                                                                                                                        including each proposed extension of an
                                                                                                                           Activities; Proposed Collection;
                                                burden increase is due to an increase in                                                                                                                existing collection of information, and
                                                                                                                           Comment Request; Voluntary Labeling
                                                the number of respondents and the                                                                                                                       to allow 60 days for public comment in
                                                                                                                           Indicating Whether Foods Have or
                                                                                                                                                                                                        response to the notice. This notice
                                                categories of respondents.                                                 Have Not Been Derived From
                                                                                                                                                                                                        solicits comments on the information
                                                  Dated: August 3, 2018.                                                   Genetically Engineered Plants
                                                                                                                                                                                                        collection associated with the guidance
sradovich on DSK3GMQ082PROD with NOTICES




                                                Leslie Kux,                                                                AGENCY:           Food and Drug Administration,                              to assist manufacturers who wish to
                                                Associate Commissioner for Policy.                                         HHS.                                                                         voluntarily label their foods (human and
                                                [FR Doc. 2018–17044 Filed 8–8–18; 8:45 am]                                 ACTION:       Notice.                                                        animal) as being made with or without
                                                                                                                                                                                                        bioengineering, or the use of
                                                BILLING CODE 4164–01–P
                                                                                                                           SUMMARY: The Food and Drug                                                   bioengineered ingredients, to ensure
                                                                                                                           Administration (FDA or Agency) is                                            that labeling is truthful and not
                                                                                                                           announcing an opportunity for public                                         misleading.


                                           VerDate Sep<11>2014        18:11 Aug 08, 2018          Jkt 244001       PO 00000       Frm 00049        Fmt 4703        Sfmt 4703      E:\FR\FM\09AUN1.SGM               09AUN1


                                                                             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                            39451

                                                DATES:  Submit either electronic or                     Collection Activities; Proposed                       SUPPLEMENTARY INFORMATION:       Under the
                                                written comments on the collection of                   Collection; Comment Request;                          PRA (44 U.S.C. 3501–3520), Federal
                                                information by October 9, 2018.                         Voluntary Labeling Indicating Whether                 Agencies must obtain approval from the
                                                ADDRESSES: You may submit comments                      Foods Have or Have Not Been Derived                   Office of Management and Budget
                                                as follows. Please note that late,                      from Genetically Engineered Plants.’’                 (OMB) for each collection of
                                                untimely filed comments will not be                     Received comments, those filed in a                   information they conduct or sponsor.
                                                considered. Electronic comments must                    timely manner (see ADDRESSES), will be                ‘‘Collection of information’’ is defined
                                                be submitted on or before October 9,                    placed in the docket and, except for                  in 44 U.S.C. 3502(3) and 5 CFR
                                                2018. The https://www.regulations.gov                   those submitted as ‘‘Confidential                     1320.3(c) and includes Agency requests
                                                electronic filing system will accept                    Submissions,’’ publicly viewable at                   or requirements that members of the
                                                comments until midnight Eastern Time                    https://www.regulations.gov or at the                 public submit reports, keep records, or
                                                at the end of October 9, 2018. Comments                 Dockets Management Staff between                      provide information to a third party.
                                                received by mail/hand delivery/courier                  9 a.m. and 4 p.m., Monday through                     Section 3506(c)(2)(A) of the PRA (44
                                                (for written/paper submissions) will be                 Friday.                                               U.S.C. 3506(c)(2)(A)) requires Federal
                                                considered timely if they are                              • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                                postmarked or the delivery service                      submit a comment with confidential                    the Federal Register concerning each
                                                acceptance receipt is on or before that                 information that you do not wish to be                proposed collection of information,
                                                date.                                                   made publicly available, submit your                  including each proposed extension of an
                                                                                                        comments only as a written/paper                      existing collection of information,
                                                Electronic Submissions
                                                                                                        submission. You should submit two                     before submitting the collection to OMB
                                                  Submit electronic comments in the                     copies total. One copy will include the               for approval. To comply with this
                                                following way:                                          information you claim to be confidential              requirement, FDA is publishing notice
                                                  • Federal eRulemaking Portal:                         with a heading or cover note that states              of the proposed collection of
                                                https://www.regulations.gov. Follow the                 ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                                instructions for submitting comments.                   CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                                Comments submitted electronically,                      Agency will review this copy, including               collection of information, FDA invites
                                                including attachments, to https://                      the claimed confidential information, in              comments on these topics: (1) Whether
                                                www.regulations.gov will be posted to                   its consideration of comments. The                    the proposed collection of information
                                                the docket unchanged. Because your                      second copy, which will have the                      is necessary for the proper performance
                                                comment will be made public, you are                    claimed confidential information                      of FDA’s functions, including whether
                                                solely responsible for ensuring that your               redacted/blacked out, will be available               the information will have practical
                                                comment does not include any                            for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                                confidential information that you or a                  https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                                third party may not wish to be posted,                  both copies to the Dockets Management                 collection of information, including the
                                                such as medical information, your or                    Staff. If you do not wish your name and               validity of the methodology and
                                                anyone else’s Social Security number, or                contact information to be made publicly               assumptions used; (3) ways to enhance
                                                confidential business information, such                 available, you can provide this                       the quality, utility, and clarity of the
                                                as a manufacturing process. Please note                 information on the cover sheet and not                information to be collected; and (4)
                                                that if you include your name, contact                  in the body of your comments and you                  ways to minimize the burden of the
                                                information, or other information that                  must identify this information as                     collection of information on
                                                identifies you in the body of your                      ‘‘confidential.’’ Any information marked              respondents, including through the use
                                                comments, that information will be                      as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                                posted on https://www.regulations.gov.                  except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                                  • If you want to submit a comment                     and other applicable disclosure law. For              information technology.
                                                with confidential information that you                  more information about FDA’s posting
                                                do not wish to be made available to the                                                                       Voluntary Labeling Indicating Whether
                                                                                                        of comments to public dockets, see 80                 Foods Have or Have Not Been Derived
                                                public, submit the comment as a                         FR 56469, September 18, 2015, or access
                                                written/paper submission and in the                                                                           From Genetically Engineered Plants
                                                                                                        the information at: https://www.gpo.gov/
                                                manner detailed (see ‘‘Written/Paper                    fdsys/pkg/FR-2015-09-18/pdf/2015-                     OMB Control Number 0910–0807—
                                                Submissions’’ and ‘‘Instructions’’).                    23389.pdf.                                            Extension
                                                Written/Paper Submissions                                  Docket: For access to the docket to                   This information collection supports
                                                  Submit written/paper submissions as                   read background documents or the                      Agency guidance. Section 403 of the
                                                follows:                                                electronic and written/paper comments                 Federal Food, Drug, and Cosmetic Act
                                                  • Mail/Hand delivery/Courier (for                     received, go to https://                              (FD&C Act) (21 U.S.C. 343) generally
                                                written/paper submissions): Dockets                     www.regulations.gov and insert the                    governs the labeling of foods. Under
                                                Management Staff (HFA–305), Food and                    docket number, found in brackets in the               section 403(a)(1) of the FD&C Act, a
                                                Drug Administration, 5630 Fishers                       heading of this document, into the                    food is misbranded if its labeling is false
                                                Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts                 or misleading in any particular. Section
                                                  • For written/paper comments                          and/or go to the Dockets Management                   201(n) of the FD&C Act (21 U.S.C.
                                                submitted to the Dockets Management                     Staff, 5630 Fishers Lane, Rm. 1061,                   321(n)) provides that labeling is
                                                                                                        Rockville, MD 20852.                                  misleading if, among other things, it
sradovich on DSK3GMQ082PROD with NOTICES




                                                Staff, FDA will post your comment, as
                                                well as any attachments, except for                     FOR FURTHER INFORMATION CONTACT:                      fails to reveal facts that are material in
                                                information submitted, marked and                       Domini Bean, Office of Operations,                    light of representations made or
                                                identified, as confidential, if submitted               Food and Drug Administration, Three                   suggested in the labeling, or material
                                                as detailed in ‘‘Instructions.’’                        White Flint North, 10A–12M, 11601                     with respect to consequences that may
                                                  Instructions: All submissions received                Landsdown St., North Bethesda, MD                     result from the use of the food to which
                                                must include the Docket No. FDA–                        20852, 301–796–5733, PRAStaff@                        the labeling relates under the conditions
                                                2018–N–2495 for ‘‘Agency Information                    fda.hhs.gov.                                          of use prescribed in the labeling, or


                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                39452                          Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                under such conditions of use as are                         plant breeding is not required to be                  so choose, whether the food has or has
                                                customary or usual.                                         disclosed in labeling. In the 1992 Policy,            not been developed using genetic
                                                   In the Federal Register of May 29,                       we addressed, among other things, the                 engineering.
                                                1992 (57 FR 22984), we published a                          labeling of foods derived from new                       In general, we anticipate that
                                                ‘‘Statement of Policy: Foods Derived                        plant varieties, including plants                     manufacturers that claim that a product
                                                from New Plant Varieties’’ (the 1992                        developed by bioengineering. In the                   is not developed using bioengineered
                                                Policy). The 1992 Policy applies to                         1992 Policy, we explained that we were                material would substantiate the claim.
                                                foods for humans and animals that are                       not establishing special labeling                     We suggest that manufacturers
                                                developed from new plant varieties,                         requirements for foods from                           document practices and procedures to
                                                including varieties that are developed                      bioengineered plants as a class of foods              substantiate a claim that a food was not
                                                using recombinant deoxyribonucleic                          because we did not find any basis for                 developed using genetic engineering.
                                                acid (rDNA) technology, which is often                      concluding that foods from                            Examples of documentation that we
                                                referred to as ‘‘rDNA technology,’’                         bioengineered plants, as a class, differ              anticipate will demonstrate practices
                                                ‘‘genetic engineering,’’ ‘‘biotechnology,’’                 from other foods in any meaningful or                 and procedures are recordkeeping, and
                                                or ‘‘bioengineering,’’ and more recently                    uniform way, or that foods developed by               certifications or affidavits from farmers,
                                                as ‘‘modern biotechnology.’’ The 1992                       the new techniques present any                        processors, and others in the food
                                                Policy provides guidance to industry on                     different or greater safety concern than              production and distribution chain. We
                                                scientific and regulatory issues related                    foods developed by traditional plant                  are neither suggesting that firms
                                                to bioengineered foods and solicited                        breeding.                                             maintain a certain set list of documents
                                                written comments from interested                               The guidance entitled ‘‘Voluntary
                                                                                                                                                                  nor are we suggesting that anything less
                                                persons. It includes guidance on                            Labeling Indicating Whether Foods
                                                                                                                                                                  or different would likely be considered
                                                questions to be answered by developers                      Have or Have Not Been Derived from
                                                                                                                                                                  unacceptable. Rather, we are leaving it
                                                of foods from new plant varieties to                        Genetically Engineered Plants’’ is
                                                                                                                                                                  to each firm’s judgment to maintain
                                                ensure that the new products are safe                       intended to assist manufacturers that
                                                                                                                                                                  appropriate documentation to
                                                and comply with applicable legal                            wish to voluntarily label their foods
                                                                                                                                                                  demonstrate that the food was produced
                                                requirements.                                               (human or animal) as being made with
                                                                                                                                                                  using traditional methods.
                                                   The 1992 Policy stated that the                          or without genetic engineering or the
                                                method of development of a new plant                        use of genetically engineered                            Description of Respondents: The
                                                variety, including plants developed                         ingredients, to ensure that such labeling             respondents to the proposed collection
                                                using bioengineering, is not information                    is truthful and not misleading. The                   of information are manufacturers of
                                                that is material under section 201(n) of                    guidance is available at https://                     foods that were or were not derived
                                                the FD&C Act and, therefore, would not                      www.fda.gov/FoodGuidances. The                        from genetically engineered plants who
                                                be required in the labeling of food. This                   information that the manufacturers will               wish to voluntarily label their food
                                                conclusion is consistent with our                           collect is documentation of handling                  products.
                                                historic interpretation of section 201(n)                   practices so that they can truthfully                    FDA estimates the burden of this
                                                of the FD&C Act, in that the method of                      label their products to indicate, if they             collection of information as follows:

                                                                                               TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                Number of                              Average
                                                                                                                            Number of                            Total annual
                                                                               Activity                                                        records per                            burden per    Total hours
                                                                                                                          recordkeepers                            records
                                                                                                                                              recordkeeper                          recordkeeping

                                                Recordkeeping per the Guidance ........................................         85                   4               340                 1             340
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Based on a review of the information                      labeled as ‘‘organic’’ would not be                   manufacturers of human food and pet
                                                collection since our last request for                       permitted to contain genetically                      food. In addition, the National Center
                                                OMB approval, we have made no                               engineered materials. Thus, there is no               for Appropriate Technology’s National
                                                adjustments to our burden estimate.                         additional paperwork burden to                        Sustainable Agriculture Information
                                                  The number of recordkeepers and                           substantiate a claim that a product is not            Center maintains on its website a list of
                                                respondents reflects the number of food                     developed using genetic engineering for               Organic Livestock Feed Suppliers.
                                                products that are labeled using the                         these certified organic products.                     Using this list, we have identified 54
                                                terms ‘‘biotechnology’’ and ‘‘GMO’’                            We based our estimates of the                      livestock feed suppliers that would be
                                                (genetically modified organism). We                         recordkeeping burden (table 1 of this                 likely to include a statement about
                                                estimate a recordkeeping burden to                          document) on data from Labelbase by                   bioengineering on the label of their
                                                retain paperwork to substantiate that the                   FoodEssentials. Labelbase is a custom                 products and thus would have
                                                food or ingredient is produced without                      online system for accessing consumer-                 documentation to substantiate their
                                                genetic engineering only for products                       packaged goods product data; the                      claim.
                                                that are not also already labeled using                     database contains more than 250,000                      Of the 2,160 human food and pet food
                                                the term ‘‘organic.’’ We did not include                    product labels that can be searched by                products that we have identified as
sradovich on DSK3GMQ082PROD with NOTICES




                                                products that are labeled ‘‘organic’’ in                    keyword, ingredient, nutrient, allergen,              using the term ‘‘bioengineered’’ or
                                                the estimated annual recordkeeping                          label claim, or food additive, for                    ‘‘GMO’’ on their labels (presumably
                                                burden because, according to a final rule                   example. Using this database, we have                 used in a context to designate foods that
                                                in the Federal Register of December 21,                     identified 540 food manufacturers who                 are not bioengineered), 1,140 of these
                                                2000 (65 FR 80548) issued by the                            produce 2,160 products with the term                  products (285 manufacturers) also use
                                                Agriculture Marketing Service of the                        ‘‘bioengineered’’ or ‘‘GMO’’ on their                 the term ‘‘organic’’ on the label; 1,020
                                                U.S. Department of Agriculture, a food                      labels; this estimate includes                        products do not use the term ‘‘organic’’


                                           VerDate Sep<11>2014    18:11 Aug 08, 2018      Jkt 244001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                           39453

                                                on the label (2,160 ¥ 1,140 = 1,020                     DEPARTMENT OF HEALTH AND                              for reasons of safety or effectiveness or
                                                products not organics; 540 ¥ 285 = 255                  HUMAN SERVICES                                        if FDA determines that the listed drug
                                                manufacturers of not organic products).                                                                       was withdrawn from sale for reasons of
                                                In addition, the 54 livestock feed                      Food and Drug Administration                          safety or effectiveness (21 CFR 314.162).
                                                suppliers are also organic producers,                   [Docket No. FDA–2018–P–0998]
                                                                                                                                                                 A person may petition the Agency to
                                                thus the 216 products attributed to these                                                                     determine, or the Agency may
                                                manufacturers already are considered to                 Determination That PROLIXIN                           determine on its own initiative, whether
                                                be labeled ‘‘organic.’’ Thus, there are                 (Fluphenazine Hydrochloride) Tablets,                 a listed drug was withdrawn from sale
                                                1,020 products made by 255 human                        1 Milligram, 2.5 Milligrams, 5                        for reasons of safety or effectiveness.
                                                food and pet food manufacturers that                    Milligrams, and 10 Milligrams, Was Not                This determination may be made at any
                                                would need to substantiate that their                   Withdrawn From Sale for Reasons of                    time after the drug has been withdrawn
                                                product or ingredient was not                           Safety or Effectiveness                               from sale, but must be made prior to
                                                genetically engineered.                                                                                       approving an ANDA that refers to the
                                                                                                        AGENCY:    Food and Drug Administration,              listed drug (§ 314.161 (21 CFR 314.161)).
                                                  We estimate that the burden of                        HHS.                                                  FDA may not approve an ANDA that
                                                maintaining the documentation is a one-                 ACTION:   Notice.                                     does not refer to a listed drug.
                                                time burden; the document to                                                                                     PROLIXIN (fluphenazine
                                                substantiate that the product or                        SUMMARY:    The Food and Drug                         hydrochloride) tablets, 1 mg, 2.5 mg, 5
                                                ingredient was produced without                         Administration (FDA or Agency) has                    mg, and 10 mg, is the subject of NDA
                                                genetic engineering only needs to be                    determined that PROLIXIN                              011751, held by Apothecon
                                                generated once and then kept on file. To                (fluphenazine hydrochloride) tablets, 1               Pharmaceuticals, a Bristol-Myers Squibb
                                                annualize this one-time burden, we                      milligram (mg), 2.5 mg, 5 mg, and 10                  Company, and initially approved on
                                                divide by 3 because paperwork burden                    mg, was not withdrawn from sale for                   March 15, 1967. PROLIXIN is indicated
                                                collections are approved on a 3-year                    reasons of safety or effectiveness. This              in the management of manifestations of
                                                cycle (255/3 = 85). Thus, we estimate in                determination will allow FDA to                       psychotic disorders.
                                                                                                        approve abbreviated new drug                             In a letter dated October 5, 2006,
                                                table 1 that, on average, 85
                                                                                                        applications (ANDAs) for fluphenazine                 Bristol-Myers Squibb Company
                                                manufacturers annually will collect and
                                                                                                        hydrochloride tablets, 1 mg, 2.5 mg, 5                requested withdrawal of NDA 011751
                                                keep information that substantiates their
                                                                                                        mg, and 10 mg, if all other legal and                 for PROLIXIN (fluphenazine
                                                label claim for four products (1,020                    regulatory requirements are met.
                                                products/3 = 340 products/85                                                                                  hydrochloride) tablets, 1 mg, 2.5 mg, 5
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      mg, and 10 mg. In the Federal Register
                                                manufacturers = 4 products per
                                                                                                        Stacy Kane, Center for Drug Evaluation                of February 11, 2009 (74 FR 6896), FDA
                                                manufacturer).
                                                                                                        and Research, Food and Drug                           announced that it was withdrawing
                                                  We estimate this one-time                             Administration, 10903 New Hampshire                   approval of NDA 011751, effective
                                                recordkeeping burden to be 1 hour per                   Ave., Bldg. 51, Rm. 6236, Silver Spring,              March 13, 2009.
                                                product that makes use of a labeling                    MD 20993–0002, 301–796–8363,                             Hyman, Phelps & McNamara, P.C.
                                                claim, which results in a burden of 1                   Stacy.Kane@fda.hhs.gov.                               submitted a citizen petition dated
                                                hour for a total annualized                             SUPPLEMENTARY INFORMATION: In 1984,                   March 5, 2018 (Docket No. FDA–2018–
                                                recordkeeping burden of 340 hours (85                   Congress enacted the Drug Price                       P–0998), under 21 CFR 10.30,
                                                manufacturers × 4 records per                           Competition and Patent Term                           requesting that the Agency determine
                                                manufacturer × 1 hour per record).                      Restoration Act of 1984 (Pub. L. 98–417)              whether PROLIXIN (fluphenazine
                                                  We do not estimate any reporting                      (the 1984 amendments), which                          hydrochloride) tablets, 1 mg, 2.5 mg, 5
                                                burden or third-party disclosure burden                 authorized the approval of duplicate                  mg, and 10 mg, was withdrawn from
                                                associated with this information                        versions of drug products under an                    sale for reasons of safety or
                                                collection. Manufacturers who want to                   ANDA procedure. ANDA applicants                       effectiveness.
                                                make use of this voluntary labeling                     must, with certain exceptions, show that                 After considering the citizen petition
                                                claim option are considered to be those                 the drug for which they are seeking                   and reviewing Agency records and
                                                                                                        approval contains the same active                     based on the information we have at this
                                                that already have such wording on their
                                                                                                        ingredient in the same strength and                   time, FDA has determined under
                                                products’ labels. We do not expect that
                                                                                                        dosage form as the ‘‘listed drug,’’ which             § 314.161 that PROLIXIN (fluphenazine
                                                this guidance will cause labels already
                                                                                                        is a version of the drug that was                     hydrochloride) tablets, 1 mg, 2.5 mg, 5
                                                in the marketplace to need to be                        previously approved. ANDA applicants                  mg, and 10 mg, was not withdrawn for
                                                reworded.                                               do not have to repeat the extensive                   reasons of safety or effectiveness. The
                                                  Dated: August 3, 2018.                                clinical testing otherwise necessary to               petitioner has identified no data or other
                                                Leslie Kux,                                             gain approval of an NDA.                              information suggesting that PROLIXIN
                                                Associate Commissioner for Policy.                         The 1984 amendments include what                   (fluphenazine hydrochloride) tablets, 1
                                                [FR Doc. 2018–17024 Filed 8–8–18; 8:45 am]
                                                                                                        is now section 505(j)(7) of the Federal               mg, 2.5 mg, 5 mg, and 10 mg, was
                                                                                                        Food, Drug, and Cosmetic Act (21 U.S.C.               withdrawn for reasons of safety or
                                                BILLING CODE 4164–01–P
                                                                                                        355(j)(7)), which requires FDA to                     effectiveness. We have carefully
                                                                                                        publish a list of all approved drugs.                 reviewed our files for records
                                                                                                        FDA publishes this list as part of the                concerning the withdrawal of PROLIXIN
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        ‘‘Approved Drug Products With                         (fluphenazine hydrochloride) tablets, 1
                                                                                                        Therapeutic Equivalence Evaluations,’’                mg, 2.5 mg, 5 mg, and 10 mg, from sale.
                                                                                                        which is known generally as the                       We have also independently evaluated
                                                                                                        ‘‘Orange Book.’’ Under FDA regulations,               relevant literature and data for possible
                                                                                                        drugs are removed from the list if the                postmarketing adverse events. We have
                                                                                                        Agency withdraws or suspends                          found no information that would
                                                                                                        approval of the drug’s NDA or ANDA                    indicate that this drug product was


                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1



Document Created: 2018-08-09 01:11:20
Document Modified: 2018-08-09 01:11:20
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.
DatesSubmit either electronic or written comments on the collection of information by October 9, 2018.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation83 FR 39450 

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