83_FR_42185 83 FR 42024 - Questions and Answers Regarding Food Facility Registration (Seventh Edition); Guidance for Industry; Availability

83 FR 42024 - Questions and Answers Regarding Food Facility Registration (Seventh Edition); Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42024-42025
FR Document2018-17853

The Food and Drug Administration (FDA or we) is announcing the availability of a final guidance for industry entitled ``Questions and Answers Regarding Food Facility Registration (Seventh Edition).'' The guidance provides updated information relating to the food facility registration requirements in the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42024-42025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17853]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket No. FDA-2012-D-1002]


Questions and Answers Regarding Food Facility Registration 
(Seventh Edition); Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a final guidance for industry entitled ``Questions and 
Answers Regarding Food Facility Registration (Seventh Edition).'' The 
guidance provides updated information relating to the food facility 
registration requirements in the Federal Food, Drug, and Cosmetic Act 
(FD&C Act).

DATES: The announcement of the guidance is published in the Federal 
Register on August 20, 2018.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.

[[Page 42025]]

     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-2012-D-1002 for ``Questions and Answers Regarding Food Facility 
Registration (Seventh Edition).'' Received comments will be placed in 
the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Office of Compliance, Division of Field Programs and Guidance, Center 
for Food Safety and Applied Nutrition, Food and Drug Administration, 
5001 Campus Dr., College Park, MD 20740. Send two self-addressed 
adhesive labels to assist that office in processing your request. See 
the SUPPLEMENTARY INFORMATION section for electronic access to the 
guidance.

FOR FURTHER INFORMATION CONTACT: Courtney Buchanan, Center for Food 
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus 
Dr., College Park, MD 20740, 240-402-2487.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry 
entitled ``Questions and Answers Regarding Food Facility Registration 
(Seventh Edition).'' This guidance provides updated information 
relating to the food facility registration requirements in the FD&C 
Act. We are issuing this guidance consistent with our good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on this topic. It does not establish any rights 
for any person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations. This guidance is not subject to Executive 
Order 12866.
    In the Federal Register of December 27, 2016 (81 FR 95068), we made 
available a draft guidance for industry entitled ``Questions and 
Answers Regarding Food Facility Registration (Seventh Edition)'' and 
gave interested parties an opportunity to submit comments by March 27, 
2017, for us to consider before beginning work on the final version of 
the guidance. We received numerous comments on the draft guidance and 
have modified the final guidance where appropriate. In addition, we 
made editorial changes to improve clarity. The guidance announced in 
this notice finalizes the draft guidance dated December 2016.
    FDA is also publishing elsewhere in this issue of the Federal 
Register notification of availability of a supplemental draft guidance 
document entitled ``Supplemental Questions and Answers Regarding Food 
Facility Registration'' that includes additional questions and answers 
to clarify our thinking about who should register in certain situations 
involving more than one possible registrant, such as a lessor and one 
or more lessees for an establishment. When the draft guidance is 
finalized, we intend to incorporate it into a future edition of the 
guidance document that is the subject of this notification.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR 1.230 through 1.235 and 21 CFR 
1.245 have been approved under OMB control number 0910-0502.

III. Electronic Access

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

    Dated: August 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17853 Filed 8-17-18; 8:45 am]
 BILLING CODE 4164-01-P



                                             42024             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                             parties were invited to participate in                  routine matter that only affects air traffic              Issued in Seattle, Washington, on August
                                             this rulemaking effort by submitting                    procedures and air navigation, it is                    13, 2018.
                                             written comments on the proposal to the                 certified that this rule, when                          Shawn M. Kozica,
                                             FAA. Five comments were received in                     promulgated, will not have a significant                Manager, Operations Support Group, Western
                                             support of the action. One commenter                    economic impact on a substantial                        Service Center.
                                             had concerns that were not substantive                  number of small entities under the                      [FR Doc. 2018–17821 Filed 8–17–18; 8:45 am]
                                             to the establishment of Class E airspace.               criteria of the Regulatory Flexibility Act.             BILLING CODE 4910–13–P
                                             The concerns addressed the quality of
                                             the altimeter values reported by the                    Environmental Review
                                             Creswell Automated Weather Observing                                                                            DEPARTMENT OF HEALTH AND
                                             System (AWOS) and the potential for                        The FAA has determined that this
                                                                                                                                                             HUMAN SERVICES
                                             conflict with the visual flight rules                   action qualifies for categorical exclusion
                                             (VFR) traffic pattern. The concerns                     under the National Environmental                        Food and Drug Administration
                                             regarding AWOS have been forwarded                      Policy Act in accordance with FAA
                                             to the servicing System Support Center.                 Order 1050.1F, ‘‘Environmental                          21 CFR Part 1
                                             The RNAV procedure at Hobby Field                       Impacts: Policies and Procedures,’’
                                                                                                                                                             [Docket No. FDA–2012–D–1002]
                                             should only be used when the wind is                    paragraph 5–6.5a. This airspace action
                                             favoring runway 16, so the VFR traffic                  is not expected to cause any potentially                Questions and Answers Regarding
                                             pattern should shift to match.                          significant environmental impacts, and                  Food Facility Registration (Seventh
                                                Class E airspace designations are                    no extraordinary circumstances exist                    Edition); Guidance for Industry;
                                             published in paragraph 6005 of FAA                      that warrant preparation of an                          Availability
                                             Order 7400.11B, dated August 3, 2017,                   environmental assessment.
                                             and effective September 15, 2017, which                                                                         AGENCY:    Food and Drug Administration,
                                             is incorporated by reference in 14 CFR                  Lists of Subjects in 14 CFR Part 71                     HHS.
                                             71.1. The Class E airspace designation                                                                          ACTION:   Notification of availability.
                                                                                                      Airspace, Incorporation by reference,
                                             listed in this document will be
                                                                                                     Navigation (air).                                       SUMMARY:    The Food and Drug
                                             published subsequently in the Order.
                                                                                                                                                             Administration (FDA or we) is
                                             Availability and Summary of                             Adoption of the Amendment                               announcing the availability of a final
                                             Documents for Incorporation by                            In consideration of the foregoing, the                guidance for industry entitled
                                             Reference                                               Federal Aviation Administration                         ‘‘Questions and Answers Regarding
                                                This document amends FAA Order                                                                               Food Facility Registration (Seventh
                                                                                                     amends 14 CFR part 71 as follows:
                                             7400.11B, Airspace Designations and                                                                             Edition).’’ The guidance provides
                                             Reporting Points, dated August 3, 2017,                 PART 71—DESIGNATION OF CLASS A,                         updated information relating to the food
                                             and effective September 15, 2017. FAA                   B, C, D, AND E AIRSPACE AREAS; AIR                      facility registration requirements in the
                                             Order 7400.11B is publicly available as                 TRAFFIC SERVICE ROUTES; AND                             Federal Food, Drug, and Cosmetic Act
                                             listed in the ADDRESSES section of this                                                                         (FD&C Act).
                                                                                                     REPORTING POINTS
                                             document. FAA Order 7400.11B lists                                                                              DATES: The announcement of the
                                             Class A, B, C, D, and E airspace areas,                                                                         guidance is published in the Federal
                                                                                                     ■ 1. The authority citation for part 71
                                             air traffic service routes, and reporting                                                                       Register on August 20, 2018.
                                                                                                     continues to read as follows:
                                             points.                                                                                                         ADDRESSES: You may submit either
                                                                                                       Authority: 49 U.S.C. 106(f), 106(g); 40103,           electronic or written comments on
                                             The Rule                                                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            Agency guidances at any time as
                                                This amendment to Title 14, Code of                  1959–1963 Comp., p. 389.                                follows:
                                             Federal Regulations (14 CFR) part 71
                                             establishes Class E airspace extending
                                                                                                     § 71.1       [Amended]                                  Electronic Submissions
                                             upward from 700 feet above the surface                  ■ 2. The incorporation by reference in                    Submit electronic comments in the
                                             at Hobby Field, Creswell, OR, to                        14 CFR 71.1 of FAA Order 7400.11B,                      following way:
                                             accommodate new RNAV procedures at                                                                                • Federal eRulemaking Portal:
                                                                                                     Airspace Designations and Reporting
                                             this airport for the safety and                                                                                 https://www.regulations.gov. Follow the
                                                                                                     Points, dated August 3, 2017, and
                                             management of IFR operations.                                                                                   instructions for submitting comments.
                                                                                                     effective September 15, 2017, is                        Comments submitted electronically,
                                             Regulatory Notices and Analyses                         amended as follows:                                     including attachments, to https://
                                                The FAA has determined that this                                                                             www.regulations.gov will be posted to
                                                                                                     Paragraph 6005 Class E Airspace Areas
                                             regulation only involves an established                 Extending Upward From 700 Feet or More
                                                                                                                                                             the docket unchanged. Because your
                                             body of technical regulations for which                 Above the Surface of the Earth.                         comment will be made public, you are
                                             frequent and routine amendments are                                                                             solely responsible for ensuring that your
                                             necessary to keep them operationally                    *        *      *      *       *                        comment does not include any
                                             current, non-controversial and unlikely                 ANM OR E5           Creswell, OR [New]                  confidential information that you or a
                                             to result in adverse or negative                        Hobby Field, OR
                                                                                                                                                             third party may not wish to be posted,
                                             comments. It, therefore: (1) Is not a                     (Lat. 43°55′51″ N, long. 123°00′24″ W)                such as medical information, your or
                                             ‘‘significant regulatory action’’ under                                                                         anyone else’s Social Security number, or
                                                                                                       That airspace extending upward from 700
                                             Executive Order 12866; (2) is not a                                                                             confidential business information, such
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                                                                                                     feet above the surface within a 2.1-mile
                                             ‘‘significant rule’’ under DOT                                                                                  as a manufacturing process. Please note
                                                                                                     radius of Hobby Field, and within 1.8 miles
                                             Regulatory Policies and Procedures (44                                                                          that if you include your name, contact
                                                                                                     each side of the 354° bearing from the airport
                                             FR 11034; February 26, 1979); and (3)                                                                           information, or other information that
                                                                                                     extending from the 2.1-mile radius to 7.1
                                             does not warrant preparation of a                                                                               identifies you in the body of your
                                                                                                     miles north of the airport.
                                             Regulatory Evaluation as the anticipated                                                                        comments, that information will be
                                             impact is so minimal. Since this is a                                                                           posted on https://www.regulations.gov.


                                        VerDate Sep<11>2014   17:41 Aug 17, 2018   Jkt 244001   PO 00000   Frm 00008     Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                               42025

                                               • If you want to submit a comment                     the information at: https://www.gpo.gov/              addition, we made editorial changes to
                                             with confidential information that you                  fdsys/pkg/FR-2015-09-18/pdf/2015-                     improve clarity. The guidance
                                             do not wish to be made available to the                 23389.pdf.                                            announced in this notice finalizes the
                                             public, submit the comment as a                            Docket: For access to the docket to                draft guidance dated December 2016.
                                             written/paper submission and in the                     read background documents or the                         FDA is also publishing elsewhere in
                                             manner detailed (see ‘‘Written/Paper                    electronic and written/paper comments                 this issue of the Federal Register
                                             Submissions’’ and ‘‘Instructions’’).                    received, go to https://                              notification of availability of a
                                                                                                     www.regulations.gov and insert the                    supplemental draft guidance document
                                             Written/Paper Submissions
                                                                                                     docket number, found in brackets in the               entitled ‘‘Supplemental Questions and
                                                Submit written/paper submissions as                  heading of this document, into the                    Answers Regarding Food Facility
                                             follows:                                                ‘‘Search’’ box and follow the prompts                 Registration’’ that includes additional
                                                • Mail/Hand delivery/Courier (for                    and/or go to the Dockets Management                   questions and answers to clarify our
                                             written/paper submissions): Dockets                     Staff, 5630 Fishers Lane, Rm. 1061,                   thinking about who should register in
                                             Management Staff (HFA–305), Food and                    Rockville, MD 20852.                                  certain situations involving more than
                                             Drug Administration, 5630 Fishers                          You may submit comments on any                     one possible registrant, such as a lessor
                                             Lane, Rm. 1061, Rockville, MD 20852.                    guidance at any time (see 21 CFR                      and one or more lessees for an
                                                • For written/paper comments                         10.115(g)(5)).                                        establishment. When the draft guidance
                                             submitted to the Dockets Management                        Submit written requests for single                 is finalized, we intend to incorporate it
                                             Staff, FDA will post your comment, as                   copies of the guidance to the Office of               into a future edition of the guidance
                                             well as any attachments, except for                     Compliance, Division of Field Programs                document that is the subject of this
                                             information submitted, marked and                       and Guidance, Center for Food Safety                  notification.
                                             identified, as confidential, if submitted
                                                                                                     and Applied Nutrition, Food and Drug
                                             as detailed in ‘‘Instructions.’’                                                                              II. Paperwork Reduction Act of 1995
                                                                                                     Administration, 5001 Campus Dr.,
                                                Instructions: All submissions received                                                                        This guidance refers to previously
                                             must include the Docket No. FDA–                        College Park, MD 20740. Send two self-
                                                                                                     addressed adhesive labels to assist that              approved collections of information
                                             2012–D–1002 for ‘‘Questions and                                                                               found in FDA regulations. These
                                             Answers Regarding Food Facility                         office in processing your request. See
                                                                                                     the SUPPLEMENTARY INFORMATION section                 collections of information are subject to
                                             Registration (Seventh Edition).’’                                                                             review by the Office of Management and
                                             Received comments will be placed in                     for electronic access to the guidance.
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           Budget (OMB) under the Paperwork
                                             the docket and, except for those                                                                              Reduction Act of 1995 (44 U.S.C. 3501–
                                             submitted as ‘‘Confidential                             Courtney Buchanan, Center for Food
                                                                                                     Safety and Applied Nutrition, Food and                3520). The collections of information in
                                             Submissions,’’ publicly viewable at                                                                           21 CFR 1.230 through 1.235 and 21 CFR
                                             https://www.regulations.gov or at the                   Drug Administration, 5001 Campus Dr.,
                                                                                                     College Park, MD 20740, 240–402–2487.                 1.245 have been approved under OMB
                                             Dockets Management Staff between 9
                                                                                                                                                           control number 0910–0502.
                                             a.m. and 4 p.m., Monday through                         SUPPLEMENTARY INFORMATION:
                                             Friday.                                                                                                       III. Electronic Access
                                                • Confidential Submissions—To                        I. Background
                                                                                                                                                              Persons with access to the internet
                                             submit a comment with confidential                         We are announcing the availability of              may obtain the guidance at either
                                             information that you do not wish to be                  a guidance for industry entitled                      https://www.fda.gov/FoodGuidances or
                                             made publicly available, submit your                    ‘‘Questions and Answers Regarding                     https://www.regulations.gov. Use the
                                             comments only as a written/paper                        Food Facility Registration (Seventh                   FDA website listed in the previous
                                             submission. You should submit two                       Edition).’’ This guidance provides                    sentence to find the most current
                                             copies total. One copy will include the                 updated information relating to the food              version of the guidance.
                                             information you claim to be confidential                facility registration requirements in the
                                             with a heading or cover note that states                FD&C Act. We are issuing this guidance                  Dated: August 14, 2018.
                                             ‘‘THIS DOCUMENT CONTAINS                                consistent with our good guidance                     Leslie Kux,
                                             CONFIDENTIAL INFORMATION.’’ The                         practices regulation (21 CFR 10.115).                 Associate Commissioner for Policy.
                                             Agency will review this copy, including                 The guidance represents the current                   [FR Doc. 2018–17853 Filed 8–17–18; 8:45 am]
                                             the claimed confidential information, in                thinking of FDA on this topic. It does                BILLING CODE 4164–01–P
                                             its consideration of comments. The                      not establish any rights for any person
                                             second copy, which will have the                        and is not binding on FDA or the public.
                                             claimed confidential information                        You can use an alternative approach if                DEPARTMENT OF DEFENSE
                                             redacted/blacked out, will be available                 it satisfies the requirements of the
                                             for public viewing and posted on                        applicable statutes and regulations. This             Office of the Secretary
                                             https://www.regulations.gov. Submit                     guidance is not subject to Executive
                                             both copies to the Dockets Management                   Order 12866.                                          32 CFR Part 295
                                             Staff. If you do not wish your name and                    In the Federal Register of December                [Docket ID: DOD–2017–OS–0024]
                                             contact information to be made publicly                 27, 2016 (81 FR 95068), we made
                                             available, you can provide this                         available a draft guidance for industry               RIN 0790–AJ65
                                             information on the cover sheet and not                  entitled ‘‘Questions and Answers
                                             in the body of your comments and you                    Regarding Food Facility Registration                  Office of the Inspector General,
                                             must identify this information as                       (Seventh Edition)’’ and gave interested               Freedom of Information Act Program
                                             ‘‘confidential.’’ Any information marked                parties an opportunity to submit
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                                                                                                                                                           AGENCY:    Office of Inspector General,
                                             as ‘‘confidential’’ will not be disclosed               comments by March 27, 2017, for us to                 DoD.
                                             except in accordance with 21 CFR 10.20                  consider before beginning work on the                 ACTION:   Final rule.
                                             and other applicable disclosure law. For                final version of the guidance. We
                                             more information about FDA’s posting                    received numerous comments on the                     SUMMARY:  This final rule removes DoD’s
                                             of comments to public dockets, see 80                   draft guidance and have modified the                  regulation concerning the Office of the
                                             FR 56469, September 18, 2015, or access                 final guidance where appropriate. In                  Inspector General (OIG), Freedom of


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Document Created: 2018-08-18 01:29:14
Document Modified: 2018-08-18 01:29:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of availability.
DatesThe announcement of the guidance is published in the Federal Register on August 20, 2018.
ContactCourtney Buchanan, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2487.
FR Citation83 FR 42024 

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