83_FR_57074 83 FR 56854 - International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products; Study Design Recommendations for Residue Studies in Honey for Establishing Maximum Residue Levels and Withdrawal Periods; Guidance for Industry; Availability

83 FR 56854 - International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products; Study Design Recommendations for Residue Studies in Honey for Establishing Maximum Residue Levels and Withdrawal Periods; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56854-56856
FR Document2018-24762

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry (GFI) #243 entitled ``Studies to Evaluate the Metabolism and Residue Kinetics of Veterinary Drugs in Food-Producing Species: Study Design Recommendations for Residue Studies in Honey for Establishing MRLs and Withdrawal Periods'' (VICH GL56). This guidance has been developed for veterinary use by the International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products (VICH). This VICH guidance document is intended to provide study design recommendations that will facilitate the universal acceptance of the generated residue depletion data to fulfill the national/regional requirements in order to establish appropriate Maximum Residue Limits (MRLs) or other safe limits in honey following the treatment of honeybees with veterinary drug products, or to justify withdrawal periods in honey for registration or approval purposes, as applicable, when an MRL already exists.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56854-56856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24762]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-4461]


International Cooperation on Harmonisation of Technical 
Requirements for Registration of Veterinary Medicinal Products; Study 
Design Recommendations for Residue Studies in Honey for Establishing 
Maximum Residue Levels and Withdrawal Periods; Guidance for Industry; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a final guidance for industry (GFI) #243 entitled 
``Studies to Evaluate the Metabolism and Residue Kinetics of Veterinary 
Drugs in Food-Producing Species: Study Design Recommendations for 
Residue Studies in Honey for Establishing MRLs and Withdrawal Periods'' 
(VICH GL56). This guidance has been developed for veterinary use by the 
International Cooperation on Harmonisation of Technical Requirements 
for Registration of Veterinary Medicinal Products (VICH). This VICH 
guidance document is intended to provide study design recommendations 
that will facilitate the universal acceptance of the generated residue 
depletion data to fulfill the national/regional requirements in order 
to establish appropriate Maximum Residue Limits (MRLs) or other safe 
limits in honey following the treatment of honeybees with veterinary 
drug products, or to justify withdrawal periods in honey for 
registration or approval purposes, as applicable, when an MRL already 
exists.

DATES: The announcement of the guidance is published in the Federal 
Register on November 14, 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.
     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-2016-D-4461 for ``Studies to Evaluate the Metabolism and Residue 
Kinetics of Veterinary Drugs in Food-Producing Species: Study Design 
Recommendations for Residue Studies in Honey for Establishing MRLs and 
Withdrawal Periods'' (VICH GL56). 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

[[Page 56855]]

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 
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine, 
Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855. 
Send one self-addressed adhesive label to assist that office in 
processing your requests. See the SUPPLEMENTARY INFORMATION section for 
electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Julia Oriani, Center for Veterinary 
Medicine (HFV-151), Food and Drug Administration, 7500 Standish Pl., 
Rockville, MD 20855, 240-402-0788, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of final GFI #243 entitled 
``Studies to Evaluate the Metabolism and Residue Kinetics of Veterinary 
Drugs in Food-Producing Species: Study Design Recommendations for 
Residue Studies in Honey for Establishing MRLs and Withdrawal Periods'' 
(VICH GL56). In recent years, many important initiatives have been 
undertaken by regulatory authorities and industry associations to 
promote the international harmonization of regulatory requirements. FDA 
has participated in efforts to enhance harmonization and is committed 
to seeking scientifically based harmonized technical procedures for 
pharmaceutical development. One of the goals of harmonization is to 
identify, and then reduce, differences in technical requirements for 
drug development among regulatory agencies in different countries.
    FDA has actively participated in the International Council for 
Harmonisation of Technical Requirements for Pharmaceuticals for Human 
Use for several years to develop, with input from both regulatory and 
industry representatives, harmonized technical requirements for the 
registration or approval of pharmaceutical products for human use among 
the European Union, Japan, and the United States. The VICH is a 
parallel initiative for veterinary medicinal products. The VICH is 
concerned with developing harmonized technical requirements for the 
approval of veterinary medicinal products in the European Union, Japan, 
and the United States, and includes input from both regulatory and 
industry representatives.
    The VICH Steering Committee is composed of member representatives 
from the European Commission and European Medicines Agency; 
International Federation for Animal Health--Europe; FDA; the U.S. 
Department of Agriculture; the U.S. Animal Health Institute; the 
Japanese Ministry of Agriculture, Forestry, and Fisheries; and the 
Japanese Veterinary Products Association. Six observers are eligible to 
participate in the VICH Steering Committee: One representative from the 
government of Australia/New Zealand, one representative from the 
industry in Australia/New Zealand, one representative from the 
government of Canada, one representative from the industry in Canada, 
one representative from the government of South Africa, and one 
representative from the industry in South Africa. The World 
Organisation for Animal Health, the Associate Member, has one delegate. 
The VICH Secretariat, which coordinates the preparation of 
documentation, is provided by HealthforAnimals.
    In the Federal Register of January 5, 2017 (82 FR 1342), FDA 
published the notice of availability for a draft guidance entitled 
``Studies to Evaluate the Metabolism and Residue Kinetics of Veterinary 
Drugs in Food-Producing Species: Study Design Recommendations for 
Residue Studies in Honey for Establishing MRLs and Withdrawal Periods'' 
(VICH GL56), giving interested persons until March 6, 2017, to comment 
on the draft guidance. FDA received two comments on the draft guidance, 
and those comments, as well as those received by other VICH member 
regulatory agencies, were considered as the guidance was finalized. The 
guidance announced in this notice finalizes the draft guidance dated 
January 2017. The final guidance is a product of the Metabolism and 
Residue Kinetics Expert Working Group of the VICH.
    This VICH guidance document is intended to provide study design 
recommendations that will facilitate the universal acceptance of the 
generated residue depletion data to fulfill the national/regional 
requirements in order to establish appropriate MRLs or other safe 
limits in honey following the treatment of honeybees with veterinary 
drug products, or to justify withdrawal periods in honey for 
registration or approval purposes, as applicable, when an MRL already 
exists.

II. Significance of Guidance

    This guidance, developed under the VICH process, is being issued 
consistent with FDA's good guidance practices regulation (21 CFR 
10.115). For example, the document has been designated ``guidance'' 
rather than ``guideline.'' In addition, guidance documents must not 
include mandatory language such as ``shall,'' ``must,'' ``require,'' or 
``requirement,'' unless FDA is using these words to describe a 
statutory or regulatory requirement.
    The guidance represents the current thinking of FDA on ``Studies to 
Evaluate the Metabolism and Residue Kinetics of Veterinary Drugs in 
Food-Producing Species: Study Design Recommendations for Residue 
Studies in Honey for Establishing MRLs and Withdrawal Periods'' (VICH 
GL56). 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.

III. 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 part 514 have been approved under 
OMB control number 0910-0032.

IV. Electronic Access

    Persons with access to the internet may obtain the guidance at 
either https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or 
https://www.regulations.gov.


[[Page 56856]]


    Dated: November 7, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-24762 Filed 11-13-18; 8:45 am]
 BILLING CODE 4164-01-P



     56854                            Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

                                                                   TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                               Number of                                                Average
                                                                                                    Number of                                            Total annual
                                      FDA form No.                                                                           responses per                                            burden per              Total hours
                                                                                                   respondents                                            responses
                                                                                                                               respondent                                              response

     FDA 3602—MDUFA Small Business Certification Request
       For a Business Headquartered in the United States .......                                                 5,000                             1                   5,000                             1           5,000
     FDA 3602A—MDUFA Foreign Small Business Certification
       Request For a Business Headquartered Outside the
       United States ....................................................................                        2,000                            1                    2,000                            1            2,000

           Total ..............................................................................   ........................   ........................   ........................   ........................          7,000
        1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


       Our estimated burden for the                                             recommendations that will facilitate the                                    Written/Paper Submissions
     information collection reflects an                                         universal acceptance of the generated                                          Submit written/paper submissions as
     overall increase of 2,000 hours and a                                      residue depletion data to fulfill the                                       follows:
     corresponding increase of 2,000                                            national/regional requirements in order                                        • Mail/Hand delivery/Courier (for
     responses. We attribute this adjustment                                    to establish appropriate Maximum                                            written/paper submissions): Dockets
     to an increase in the number of                                            Residue Limits (MRLs) or other safe                                         Management Staff (HFA–305), Food and
     submissions we received over the last                                      limits in honey following the treatment                                     Drug Administration, 5630 Fishers
     few years.                                                                 of honeybees with veterinary drug                                           Lane, Rm. 1061, Rockville, MD 20852.
       Dated: November 7, 2018.                                                 products, or to justify withdrawal                                             • For written/paper comments
     Leslie Kux,                                                                periods in honey for registration or                                        submitted to the Dockets Management
     Associate Commissioner for Policy.
                                                                                approval purposes, as applicable, when                                      Staff, FDA will post your comment, as
                                                                                an MRL already exists.                                                      well as any attachments, except for
     [FR Doc. 2018–24790 Filed 11–13–18; 8:45 am]
     BILLING CODE 4164–01–P                                                     DATES: The announcement of the                                              information submitted, marked and
                                                                                guidance is published in the Federal                                        identified, as confidential, if submitted
                                                                                Register on November 14, 2018.                                              as detailed in ‘‘Instructions.’’
     DEPARTMENT OF HEALTH AND                                                                                                                                  Instructions: All submissions received
     HUMAN SERVICES                                                             ADDRESSES:   You may submit either                                          must include the Docket No. FDA–
                                                                                electronic or written comments on                                           2016–D–4461 for ‘‘Studies to Evaluate
     Food and Drug Administration                                               Agency guidances at any time as                                             the Metabolism and Residue Kinetics of
                                                                                follows:                                                                    Veterinary Drugs in Food-Producing
     [Docket No. FDA–2016–D–4461]                                                                                                                           Species: Study Design
                                                                                Electronic Submissions
                                                                                                                                                            Recommendations for Residue Studies
     International Cooperation on
                                                                                  Submit electronic comments in the                                         in Honey for Establishing MRLs and
     Harmonisation of Technical
                                                                                following way:                                                              Withdrawal Periods’’ (VICH GL56).
     Requirements for Registration of
                                                                                                                                                            Received comments will be placed in
     Veterinary Medicinal Products; Study                                         • Federal eRulemaking Portal:
                                                                                                                                                            the docket and, except for those
     Design Recommendations for Residue                                         https://www.regulations.gov. Follow the
                                                                                                                                                            submitted as ‘‘Confidential
     Studies in Honey for Establishing                                          instructions for submitting comments.
                                                                                                                                                            Submissions,’’ publicly viewable at
     Maximum Residue Levels and                                                 Comments submitted electronically,
                                                                                                                                                            https://www.regulations.gov or at the
     Withdrawal Periods; Guidance for                                           including attachments, to https://
                                                                                                                                                            Dockets Management Staff between 9
     Industry; Availability                                                     www.regulations.gov will be posted to                                       a.m. and 4 p.m., Monday through
                                                                                the docket unchanged. Because your                                          Friday.
     AGENCY:       Food and Drug Administration,
                                                                                comment will be made public, you are                                           • Confidential Submissions—To
     HHS.
                                                                                solely responsible for ensuring that your                                   submit a comment with confidential
     ACTION:      Notice of availability.                                       comment does not include any                                                information that you do not wish to be
     SUMMARY:    The Food and Drug                                              confidential information that you or a                                      made publicly available, submit your
     Administration (FDA or Agency) is                                          third party may not wish to be posted,                                      comments only as a written/paper
     announcing the availability of a final                                     such as medical information, your or                                        submission. You should submit two
     guidance for industry (GFI) #243                                           anyone else’s Social Security number, or                                    copies total. One copy will include the
     entitled ‘‘Studies to Evaluate the                                         confidential business information, such                                     information you claim to be confidential
     Metabolism and Residue Kinetics of                                         as a manufacturing process. Please note                                     with a heading or cover note that states
     Veterinary Drugs in Food-Producing                                         that if you include your name, contact                                      ‘‘THIS DOCUMENT CONTAINS
     Species: Study Design                                                      information, or other information that                                      CONFIDENTIAL INFORMATION.’’ The
     Recommendations for Residue Studies                                        identifies you in the body of your                                          Agency will review this copy, including
     in Honey for Establishing MRLs and                                         comments, that information will be                                          the claimed confidential information, in
     Withdrawal Periods’’ (VICH GL56). This                                     posted on https://www.regulations.gov.                                      its consideration of comments. The
     guidance has been developed for                                              • If you want to submit a comment                                         second copy, which will have the
     veterinary use by the International                                        with confidential information that you                                      claimed confidential information
     Cooperation on Harmonisation of                                            do not wish to be made available to the                                     redacted/blacked out, will be available
     Technical Requirements for Registration                                    public, submit the comment as a                                             for public viewing and posted on
     of Veterinary Medicinal Products                                           written/paper submission and in the                                         https://www.regulations.gov. Submit
     (VICH). This VICH guidance document                                        manner detailed (see ‘‘Written/Paper                                        both copies to the Dockets Management
     is intended to provide study design                                        Submissions’’ and ‘‘Instructions’’).                                        Staff. If you do not wish your name and


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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                           56855

     contact information to be made publicly                 and then reduce, differences in                       this notice finalizes the draft guidance
     available, you can provide this                         technical requirements for drug                       dated January 2017. The final guidance
     information on the cover sheet and not                  development among regulatory agencies                 is a product of the Metabolism and
     in the body of your comments and you                    in different countries.                               Residue Kinetics Expert Working Group
     must identify this information as                          FDA has actively participated in the               of the VICH.
     ‘‘confidential.’’ Any information marked                International Council for Harmonisation                  This VICH guidance document is
     as ‘‘confidential’’ will not be disclosed               of Technical Requirements for                         intended to provide study design
     except in accordance with 21 CFR 10.20                  Pharmaceuticals for Human Use for                     recommendations that will facilitate the
     and other applicable disclosure law. For                several years to develop, with input                  universal acceptance of the generated
     more information about FDA’s posting                    from both regulatory and industry
                                                                                                                   residue depletion data to fulfill the
     of comments to public dockets, see 80                   representatives, harmonized technical
                                                                                                                   national/regional requirements in order
     FR 56469, September 18, 2015, or access                 requirements for the registration or
                                                                                                                   to establish appropriate MRLs or other
     the information at: https://www.gpo.gov/                approval of pharmaceutical products for
                                                                                                                   safe limits in honey following the
     fdsys/pkg/FR-2015-09-18/pdf/2015-                       human use among the European Union,
                                                                                                                   treatment of honeybees with veterinary
     23389.pdf.                                              Japan, and the United States. The VICH
                                                                                                                   drug products, or to justify withdrawal
        Docket: For access to the docket to                  is a parallel initiative for veterinary
                                                                                                                   periods in honey for registration or
     read background documents or the                        medicinal products. The VICH is
                                                                                                                   approval purposes, as applicable, when
     electronic and written/paper comments                   concerned with developing harmonized
                                                                                                                   an MRL already exists.
     received, go to https://                                technical requirements for the approval
     www.regulations.gov and insert the                      of veterinary medicinal products in the               II. Significance of Guidance
     docket number, found in brackets in the                 European Union, Japan, and the United
                                                             States, and includes input from both                     This guidance, developed under the
     heading of this document, into the
                                                             regulatory and industry representatives.              VICH process, is being issued consistent
     ‘‘Search’’ box and follow the prompts
                                                                The VICH Steering Committee is                     with FDA’s good guidance practices
     and/or go to the Dockets Management
                                                             composed of member representatives                    regulation (21 CFR 10.115). For
     Staff, 5630 Fishers Lane, Rm. 1061,
                                                             from the European Commission and                      example, the document has been
     Rockville, MD 20852.
        You may submit comments on any                       European Medicines Agency;                            designated ‘‘guidance’’ rather than
     guidance at any time (see 21 CFR                        International Federation for Animal                   ‘‘guideline.’’ In addition, guidance
     10.115(g)(5)).                                          Health—Europe; FDA; the U.S.                          documents must not include mandatory
        Submit written requests for single                   Department of Agriculture; the U.S.                   language such as ‘‘shall,’’ ‘‘must,’’
     copies of the guidance to the Policy and                Animal Health Institute; the Japanese                 ‘‘require,’’ or ‘‘requirement,’’ unless
     Regulations Staff (HFV–6), Center for                   Ministry of Agriculture, Forestry, and                FDA is using these words to describe a
     Veterinary Medicine, Food and Drug                      Fisheries; and the Japanese Veterinary                statutory or regulatory requirement.
     Administration, 7500 Standish Pl.,                      Products Association. Six observers are                  The guidance represents the current
     Rockville, MD 20855. Send one self-                     eligible to participate in the VICH                   thinking of FDA on ‘‘Studies to Evaluate
     addressed adhesive label to assist that                 Steering Committee: One representative                the Metabolism and Residue Kinetics of
     office in processing your requests. See                 from the government of Australia/New                  Veterinary Drugs in Food-Producing
     the SUPPLEMENTARY INFORMATION section                   Zealand, one representative from the                  Species: Study Design
     for electronic access to the guidance                   industry in Australia/New Zealand, one                Recommendations for Residue Studies
     document.                                               representative from the government of                 in Honey for Establishing MRLs and
                                                             Canada, one representative from the                   Withdrawal Periods’’ (VICH GL56). It
     FOR FURTHER INFORMATION CONTACT:    Julia               industry in Canada, one representative
     Oriani, Center for Veterinary Medicine                                                                        does not establish any rights for any
                                                             from the government of South Africa,                  person and is not binding on FDA or the
     (HFV–151), Food and Drug                                and one representative from the
     Administration, 7500 Standish Pl.,                                                                            public. You can use an alternative
                                                             industry in South Africa. The World                   approach if it satisfies the requirements
     Rockville, MD 20855, 240–402–0788,                      Organisation for Animal Health, the
     julia.oriani@fda.hhs.gov.                                                                                     of the applicable statutes and
                                                             Associate Member, has one delegate.                   regulations. This guidance is not subject
     SUPPLEMENTARY INFORMATION:                              The VICH Secretariat, which                           to Executive Order 12866.
                                                             coordinates the preparation of
     I. Background                                                                                                 III. Paperwork Reduction Act of 1995
                                                             documentation, is provided by
        FDA is announcing the availability of                HealthforAnimals.
     final GFI #243 entitled ‘‘Studies to                       In the Federal Register of January 5,                This guidance refers to previously
     Evaluate the Metabolism and Residue                     2017 (82 FR 1342), FDA published the                  approved collections of information
     Kinetics of Veterinary Drugs in Food-                   notice of availability for a draft guidance           found in FDA regulations. These
     Producing Species: Study Design                         entitled ‘‘Studies to Evaluate the                    collections of information are subject to
     Recommendations for Residue Studies                     Metabolism and Residue Kinetics of                    review by the Office of Management and
     in Honey for Establishing MRLs and                      Veterinary Drugs in Food-Producing                    Budget (OMB) under the Paperwork
     Withdrawal Periods’’ (VICH GL56). In                    Species: Study Design                                 Reduction Act of 1995 (44 U.S.C. 3501–
     recent years, many important initiatives                Recommendations for Residue Studies                   3520). The collections of information in
     have been undertaken by regulatory                      in Honey for Establishing MRLs and                    21 CFR part 514 have been approved
     authorities and industry associations to                Withdrawal Periods’’ (VICH GL56),                     under OMB control number 0910–0032.
     promote the international                               giving interested persons until March 6,              IV. Electronic Access
     harmonization of regulatory                             2017, to comment on the draft guidance.
     requirements. FDA has participated in                   FDA received two comments on the                        Persons with access to the internet
     efforts to enhance harmonization and is                 draft guidance, and those comments, as                may obtain the guidance at either
     committed to seeking scientifically                     well as those received by other VICH                  https://www.fda.gov/AnimalVeterinary/
     based harmonized technical procedures                   member regulatory agencies, were                      GuidanceComplianceEnforcement/
     for pharmaceutical development. One of                  considered as the guidance was                        GuidanceforIndustry/default.htm or
     the goals of harmonization is to identify,              finalized. The guidance announced in                  https://www.regulations.gov.


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     56856                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

       Dated: November 7, 2018.                              (FD&C Act) (see 21 U.S.C. 321(f)),                    Health Warning Statement under the
     Leslie Kux,                                             includes ‘‘articles used for food or                  Alcoholic Beverage Labeling Act and
     Associate Commissioner for Policy.                      drink’’ and thus includes alcoholic                   certain marking requirements under the
     [FR Doc. 2018–24762 Filed 11–13–18; 8:45 am]            beverages. As such, alcoholic beverages               Internal Revenue Code, continue to
     BILLING CODE 4164–01–P                                  are subject to the FD&C Act’s                         apply to these products.
                                                             adulteration and misbranding                             Persons with access to the internet
                                                             provisions and implementing                           may obtain the guidance entitled,
     DEPARTMENT OF HEALTH AND                                regulations related to food. For example,             ‘‘Labeling of Certain Beers Subject to the
     HUMAN SERVICES                                          manufacturers of alcoholic beverages are              Labeling Jurisdiction of the Food and
                                                             responsible for adhering to the                       Drug Administration,’’ located at
     Food and Drug Administration                            registration of food facilities                       https://www.fda.gov/FoodGuidances.
     [Docket No. FDA–2009–D–0268]                            requirements in 21 CFR part 1 and to                  This guidance is intended to assist
                                                             the good manufacturing practice                       manufacturers on how to label bottled
     Agency Information Collection                           regulations in 21 CFR part 110. There                 or otherwise packaged beers that are
     Activities; Submission for Office of                    are also certain requirements for                     subject to our labeling laws and
     Management and Budget Review;                           nutrition labeling on menus, menu                     regulations.
     Comment Request; Labeling of Certain                    boards, and other written materials for                  Our food labeling regulations under
     Beers Subject to the Labeling                           alcohol beverages served in restaurants               parts 101, 102, 104, and 105 (21 CFR
     Jurisdiction of the Food and Drug                       or similar retail food establishments in              parts 101, 102, 104, and 105) were
     Administration                                          21 CFR part 101. However, as reflected                issued under the authority of sections 4,
                                                             in a 1987 Memorandum of                               5, and 6 of the FPLA (15 U.S.C. 1453,
     AGENCY:    Food and Drug Administration,                Understanding between FDA and the                     1454, and 1455) and under sections 201,
     HHS.                                                    Alcohol and Tobacco Tax and Trade                     301, 402, 403, 409, 411, 701, and 721 of
     ACTION:   Notice.                                       Bureau (TTB), TTB is responsible for the              the FD&C Act (21 U.S.C. 321, 331, 342,
                                                             dissemination and enforcement of                      343, 348, 350, 371, and 379e). Most of
     SUMMARY:   The Food and Drug                                                                                  these regulations derive from section
                                                             regulations with respect to the labeling
     Administration (FDA) is announcing                                                                            403 of the FD&C Act, which provides
                                                             of distilled spirits, certain wines, and
     that a proposed collection of                                                                                 that a food product shall be deemed to
                                                             malt beverages issued in the Federal
     information has been submitted to the                                                                         be misbranded if, among other things,
                                                             Alcohol Administration Act (FAA Act).
     Office of Management and Budget                                                                               its label or labeling fails to bear certain
                                                             In TTB Ruling 2008–3, dated July 7,
     (OMB) for review and clearance under                                                                          required information concerning the
                                                             2008, TTB clarified that certain beers,
     the Paperwork Reduction Act of 1995.                    which are not made from both malted                   food product, is false or misleading in
     DATES: Fax written comments on the                      barley and hops but are instead made                  any particular, or bears certain types of
     collection of information by December                   from substitutes for malted barley (such              unauthorized claims. The disclosure
     14, 2018.                                               as sorghum, rice, or wheat) or are made               requirements and other collections of
     ADDRESSES: To ensure that comments on                   without hops, do not meet the definition              information in the regulations in parts
     the information collection are received,                of a ‘‘malt beverage’’ under the FAA                  101, 102, 104, and 105 are necessary to
     OMB recommends that written                             Act. Accordingly, TTB stated in its                   ensure that food products produced or
     comments be faxed to the Office of                      ruling that such products (other than                 sold in the United States are in
     Information and Regulatory Affairs,                     saké, which is classified as a wine under            compliance with the labeling provisions
     OMB, Attn: FDA Desk Officer, Fax: 202–                  the FAA Act), are not subject to the                  of the FD&C Act and the FPLA.
     395–7285, or emailed to oira_                           labeling, advertising, or other provisions               The primary user of the information
     submission@omb.eop.gov. All                             of TTB regulations issued under the                   to be disclosed on the label or labeling
     comments should be identified with the                  FAA Act.                                              of food products is the consumer that
     OMB control number 0910–0728. Also                         In cases where an alcoholic beverage               purchases the food product. Consumers
     include the FDA docket number found                     is not covered by the labeling provisions             will use the information to assist them
     in brackets in the heading of this                      of the FAA Act, the product is subject                in making choices concerning their
     document.                                               to ingredient and other labeling                      purchase of a food product, including
                                                             requirements under the FD&C Act and                   choices related to substances that the
     FOR FURTHER INFORMATION CONTACT:
                                                             the implementing regulations that we                  consumer must avoid to prevent adverse
     JonnaLynn Capezzuto, Office of
                                                             administer. In addition, as provided for              reactions. This information also enables
     Operations, Food and Drug
                                                             under the Fair Packaging and Labeling                 the consumer to determine the role of
     Administration, Three White Flint
                                                             Act (FPLA), alcoholic beverages that are              the food product in a healthful diet.
     North, 10A–12M, 11601 Landsdown St.,
                                                             not covered by the labeling provisions                Additionally, FDA intends to use the
     North Bethesda, MD 20852, 301–796–
                                                             of the FAA Act are subject to the                     information to determine whether a
     3794, PRAStaff@fda.hhs.gov.
                                                             provisions of the FPLA, which we                      manufacturer or other supplier of food
     SUPPLEMENTARY INFORMATION: In                                                                                 products is meeting its statutory and
                                                             administer.
     compliance with 44 U.S.C. 3507, FDA                        Therefore, the beers described in                  regulatory obligations. Failure of a
     has submitted the following proposed                    TTB’s ruling as not being a ‘‘malt                    manufacturer or other supplier of food
     collection of information to OMB for                    beverage’’ are subject to the labeling                products to label its products in
     review and clearance.                                   requirements under the FD&C Act and                   compliance with section 403 of the
     Labeling of Certain Beers Subject to the                FPLA, and our implementing                            FD&C Act and parts 101, 102, 104, and
     Labeling Jurisdiction of the Food and                   regulations. In general, we require that              105 of FDA’s food labeling regulations
     Drug Administration                                     food products under our jurisdiction be               may result in a product being
                                                             truthfully and informatively labeled in               misbranded under the FD&C Act,
     OMB Control Number 0910–0728—                           accordance with the FD&C Act, the                     subjecting the firm and product to
     Extension                                               FPLA, and FDA’s regulations.                          regulatory action.
       The definition of ‘‘food’’ under the                  Furthermore, some TTB labeling                           Description of Respondents: The
     Federal Food, Drug, and Cosmetic Act                    requirements, such as the Government                  respondents to this collection of


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Document Created: 2018-11-14 03:32:21
Document Modified: 2018-11-14 03:32:21
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 of availability.
DatesThe announcement of the guidance is published in the Federal Register on November 14, 2018.
ContactJulia Oriani, Center for Veterinary Medicine (HFV-151), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-402-0788, [email protected]
FR Citation83 FR 56854 

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