83_FR_9038 83 FR 8996 - Proper Labeling of Honey and Honey Products; Guidance for Industry; Availability

83 FR 8996 - Proper Labeling of Honey and Honey Products; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range8996-8997
FR Document2018-04282

The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled ``Proper Labeling of Honey and Honey Products.'' The guidance advises firms on the proper labeling of honey and honey products to help ensure that honey and honey products are not adulterated or misbranded under the Federal Food, Drug, and Cosmetic Act.

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 8996-8997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04282]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2006-P-0207]


Proper Labeling of Honey and Honey Products; Guidance for 
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a guidance for industry entitled ``Proper Labeling of 
Honey and Honey Products.'' The guidance advises firms on the proper 
labeling of honey and honey products to help ensure that honey and 
honey products are not adulterated or misbranded under the Federal 
Food, Drug, and Cosmetic Act.

DATES: The announcement of the guidance is published in the Federal 
Register on March 2, 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-2006-P-0207 for ``Proper Labeling of Honey and Honey Products.'' 
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.'' We will review 
this copy, including the claimed confidential information, in our 
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

[[Page 8997]]

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 Nutrition and Food Labeling, 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: Andrea Krause, Center for Food Safety 
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., 
College Park, MD 20740, 240-402-2371.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry 
entitled ``Proper Labeling of Honey and Honey Products.'' 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 April 4, 2014 (79 FR 19620), we 
announced the availability of a draft guidance for industry entitled 
``Proper Labeling of Honey and Honey Products'' and invited comment by 
June 9, 2014. 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 and to focus on labeling 
issues. The final guidance recognizes a definition of honey that is 
broader than what was noted in the draft guidance and that reflects 
comments that said that bees use nectar from plants other than flowers. 
We declined, however, to further define ``chief floral source'' (as 
suggested by other comments) because it is addressed by the Compliance 
Policy Guide (CPG) 515.300, ``Honey-Source Declaration'' (available 
online at http://www.fda.gov/iceci/compliancemanuals/compliancepolicyguidancemanual/ucm074437.htm), and it is the 
responsibility of the producer to ensure that the source of its honey, 
if included on the label, is not false or misleading. In response to 
multiple comments asking us to clarify how flavored honey should be 
named, we revised the answer to this question to make it clear that 
honey with a characterizing flavor should be labeled in accordance with 
21 CFR 101.3(b) and 102.5(a). The guidance announced in this notice 
finalizes the draft guidance dated April 2014.

II. Electronic Access

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

    Dated: February 27, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-04282 Filed 3-1-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               8996                            Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices

                                                  The REAL ID Act of 2005 (Pub. L.                     DEPARTMENT OF HEALTH AND                                 • Mail/Hand delivery/Courier (for
                                               109–13) establishes minimum standards                   HUMAN SERVICES                                        written/paper submissions): Dockets
                                               for the issuance of state-issued driver’s                                                                     Management Staff (HFA–305), Food and
                                               licenses and identification (ID) cards. It              Food and Drug Administration                          Drug Administration, 5630 Fishers
                                               prohibits federal agencies from                                                                               Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                       [Docket No. FDA–2006–P–0207]                             • For written/paper comments
                                               accepting an official driver’s license or
                                               ID card from a state for any official                   Proper Labeling of Honey and Honey                    submitted to the Dockets Management
                                               purpose unless the Secretary of the                     Products; Guidance for Industry;                      Staff, FDA will post your comment, as
                                               Department of Homeland Security                         Availability                                          well as any attachments, except for
                                               determines that the state meets these                                                                         information submitted, marked and
                                               standards. Beginning October 2015,                      AGENCY:    Food and Drug Administration,              identified, as confidential, if submitted
                                               photo IDs (such as a valid driver’s                     HHS.                                                  as detailed in ‘‘Instructions.’’
                                               license) issued by a state or territory not             ACTION:   Notice of availability.                        Instructions: All submissions received
                                               in compliance with the Real ID Act will                                                                       must include the Docket No. FDA–
                                                                                                       SUMMARY:   The Food and Drug                          2006–P–0207 for ‘‘Proper Labeling of
                                               not be accepted as identification to enter              Administration (FDA or we) is                         Honey and Honey Products.’’ Received
                                               federal buildings. Visitors from these                  announcing the availability of a                      comments will be placed in the docket
                                               states/territories will need to provide                 guidance for industry entitled ‘‘Proper               and, except for those submitted as
                                               alternative proof of identification (such               Labeling of Honey and Honey                           ‘‘Confidential Submissions,’’ publicly
                                               as a valid passport) to gain entrance into              Products.’’ The guidance advises firms                viewable at https://www.regulations.gov
                                               federal buildings. The current list of                  on the proper labeling of honey and                   or at the Dockets Management Staff
                                               states from which a federal agency may                  honey products to help ensure that                    between 9 a.m. and 4 p.m., Monday
                                               accept driver’s licenses for an official                honey and honey products are not                      through Friday.
                                               purpose is found at http://www.dhs.gov/                 adulterated or misbranded under the                      • Confidential Submissions—To
                                               real-id-enforcement-brief.                              Federal Food, Drug, and Cosmetic Act.                 submit a comment with confidential
                                                  We recommend that confirmed                          DATES: The announcement of the                        information that you do not wish to be
                                               registrants arrive reasonably early, but                guidance is published in the Federal                  made publicly available, submit your
                                               no earlier than 45 minutes prior to the                 Register on March 2, 2018.                            comments only as a written/paper
                                               start of the meeting, to allow additional               ADDRESSES: You may submit either                      submission. You should submit two
                                               time to clear security. Security measures               electronic or written comments on                     copies total. One copy will include the
                                               include the following:                                  Agency guidances at any time as                       information you claim to be confidential
                                                                                                       follows:                                              with a heading or cover note that states
                                                  • Presentation of a government-issued                                                                      ‘‘THIS DOCUMENT CONTAINS
                                               photographic identification to the                      Electronic Submissions                                CONFIDENTIAL INFORMATION.’’ We
                                               Federal Protective Service or Guard                       Submit electronic comments in the                   will review this copy, including the
                                               Service personnel.                                      following way:                                        claimed confidential information, in our
                                                  • Inspection, via metal detector or                    • Federal eRulemaking Portal:                       consideration of comments. The second
                                               other applicable means, of all persons                  https://www.regulations.gov. Follow the               copy, which will have the claimed
                                               entering the building. We note that all                 instructions for submitting comments.                 confidential information redacted/
                                               items brought into HHH Building,                        Comments submitted electronically,                    blacked out, will be available for public
                                               whether personal or for the purpose of                  including attachments, to https://                    viewing and posted on https://
                                               presentation or to support a                            www.regulations.gov will be posted to                 www.regulations.gov. Submit both
                                               presentation, are subject to inspection.                the docket unchanged. Because your                    copies to the Dockets Management Staff.
                                               We cannot assume responsibility for                     comment will be made public, you are                  If you do not wish your name and
                                               coordinating the receipt, transfer,                     solely responsible for ensuring that your             contact information to be made publicly
                                               transport, storage, set up, safety, or                  comment does not include any                          available, you can provide this
                                                                                                       confidential information that you or a                information on the cover sheet and not
                                               timely arrival of any personal
                                                                                                       third party may not wish to be posted,                in the body of your comments and you
                                               belongings or items used for
                                                                                                       such as medical information, your or                  must identify this information as
                                               presentation or to support a                                                                                  ‘‘confidential.’’ Any information marked
                                               presentation.                                           anyone else’s Social Security number, or
                                                                                                       confidential business information, such               as ‘‘confidential’’ will not be disclosed
                                                 Note: Individuals who are not registered in           as a manufacturing process. Please note               except in accordance with 21 CFR 10.20
                                               advance will not be permitted to enter the              that if you include your name, contact                and other applicable disclosure law. For
                                               building and will be unable to attend the               information, or other information that                more information about FDA’s posting
                                               meeting.                                                identifies you in the body of your                    of comments to public dockets, see 80
                                                                                                       comments, that information will be                    FR 56469, September 18, 2015, or access
                                                 Authority: 42 U.S.C. 217a, sec. 222 of the                                                                  the information at: https://www.gpo.gov/
                                                                                                       posted on https://www.regulations.gov.
                                               Public Health Service Act, as amended; 42
                                                                                                         • If you want to submit a comment                   fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               U.S.C. 1314(f), sec. 1114(f) of the Social                                                                    23389.pdf.
                                                                                                       with confidential information that you
                                               Security Act; and Public Law 92–463, as
                                                                                                       do not wish to be made available to the                  Docket: For access to the docket to
                                               amended (5 U.S.C. App. 2); 41 CFR 102–3.
                                                                                                       public, submit the comment as a                       read background documents or the
daltland on DSKBBV9HB2PROD with NOTICES




                                                 Dated: February 21, 2018.                             written/paper submission and in the                   electronic and written/paper comments
                                               Seema Verma,                                            manner detailed (see ‘‘Written/Paper                  received, go to https://
                                               Administrator, Centers for Medicare &                   Submissions’’ and ‘‘Instructions’’).                  www.regulations.gov and insert the
                                               Medicaid Services.                                                                                            docket number, found in brackets in the
                                                                                                       Written/Paper Submissions                             heading of this document, into the
                                               [FR Doc. 2018–04328 Filed 3–1–18; 8:45 am]
                                                                                                         Submit written/paper submissions as                 ‘‘Search’’ box and follow the prompts
                                               BILLING CODE 4120–01–P
                                                                                                       follows:                                              and/or go to the Dockets Management


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                                                                               Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices                                             8997

                                               Staff, 5630 Fishers Lane, Rm. 1061,                     asking us to clarify how flavored honey               instructions for submitting comments.
                                               Rockville, MD 20852.                                    should be named, we revised the answer                Comments submitted electronically,
                                                 You may submit comments on any                        to this question to make it clear that                including attachments, to https://
                                               guidance at any time (see 21 CFR                        honey with a characterizing flavor                    www.regulations.gov will be posted to
                                               10.115(g)(5)).                                          should be labeled in accordance with 21               the docket unchanged. Because your
                                                 Submit written requests for single                    CFR 101.3(b) and 102.5(a). The guidance               comment will be made public, you are
                                               copies of the guidance to the Office of                 announced in this notice finalizes the                solely responsible for ensuring that your
                                               Nutrition and Food Labeling, Center for                 draft guidance dated April 2014.                      comment does not include any
                                               Food Safety and Applied Nutrition,                                                                            confidential information that you or a
                                                                                                       II. Electronic Access                                 third party may not wish to be posted,
                                               Food and Drug Administration, 5001
                                               Campus Dr., College Park, MD 20740.                       Persons with access to the internet                 such as medical information, your or
                                               Send two self-addressed adhesive labels                 may obtain the guidance at either http://             anyone else’s Social Security number, or
                                               to assist that office in processing your                www.fda.gov/FoodGuidances or https://                 confidential business information, such
                                               request. See the SUPPLEMENTARY                          www.regulations.gov. Use the FDA                      as a manufacturing process. Please note
                                               INFORMATION section for electronic                      website listed in the previous sentence               that if you include your name, contact
                                               access to the guidance.                                 to find the most current version of the               information, or other information that
                                               FOR FURTHER INFORMATION CONTACT:                        guidance.                                             identifies you in the body of your
                                               Andrea Krause, Center for Food Safety                     Dated: February 27, 2018.                           comments, that information will be
                                               and Applied Nutrition, Food and Drug                                                                          posted on https://www.regulations.gov.
                                                                                                       Leslie Kux,
                                               Administration, 5001 Campus Dr.,                                                                                • If you want to submit a comment
                                                                                                       Associate Commissioner for Policy.                    with confidential information that you
                                               College Park, MD 20740, 240–402–2371.                   [FR Doc. 2018–04282 Filed 3–1–18; 8:45 am]            do not wish to be made available to the
                                               SUPPLEMENTARY INFORMATION:                              BILLING CODE 4164–01–P                                public, submit the comment as a
                                               I. Background                                                                                                 written/paper submission and in the
                                                                                                                                                             manner detailed (see ‘‘Written/Paper
                                                  We are announcing the availability of                DEPARTMENT OF HEALTH AND                              Submissions’’ and ‘‘Instructions’’).
                                               a guidance for industry entitled ‘‘Proper               HUMAN SERVICES
                                               Labeling of Honey and Honey                                                                                   Written/Paper Submissions
                                               Products.’’ We are issuing this guidance                Food and Drug Administration                             Submit written/paper submissions as
                                               consistent with our good guidance                       [Docket No. FDA–2016–D–3401]                          follows:
                                               practices regulation (21 CFR 10.115).                                                                            • Mail/Hand delivery/Courier (for
                                               The guidance represents the current                     Scientific Evaluation of the Evidence                 written/paper submissions): Dockets
                                               thinking of FDA on this topic. It does                  on the Beneficial Physiological Effects               Management Staff (HFA–305), Food and
                                               not establish any rights for any person                 of Isolated or Synthetic Non-Digestible               Drug Administration, 5630 Fishers
                                               and is not binding on FDA or the public.                Carbohydrates Submitted as a Citizen                  Lane, Rm. 1061, Rockville, MD 20852.
                                               You can use an alternative approach if                  Petition; Guidance for Industry;                         • For written/paper comments
                                               it satisfies the requirements of the                    Availability                                          submitted to the Dockets Management
                                               applicable statutes and regulations. This                                                                     Staff, FDA will post your comment, as
                                               guidance is not subject to Executive                    AGENCY:    Food and Drug Administration,              well as any attachments, except for
                                               Order 12866.                                            HHS.                                                  information submitted, marked and
                                                  In the Federal Register of April 4,                  ACTION:   Notification of availability.               identified, as confidential, if submitted
                                               2014 (79 FR 19620), we announced the                                                                          as detailed in ‘‘Instructions.’’
                                               availability of a draft guidance for                    SUMMARY:    The Food and Drug                            Instructions: All submissions received
                                               industry entitled ‘‘Proper Labeling of                  Administration (FDA or we) is                         must include the Docket No. FDA–
                                               Honey and Honey Products’’ and                          announcing the availability of a                      2016–D–3401 for ‘‘Scientific Evaluation
                                               invited comment by June 9, 2014. We                     guidance for industry entitled                        of the Evidence on the Beneficial
                                               received numerous comments on the                       ‘‘Scientific Evaluation of the Evidence               Physiological Effects of Isolated or
                                               draft guidance and have modified the                    on the Beneficial Physiological Effects               Synthetic Non-Digestible Carbohydrates
                                               final guidance where appropriate. In                    of Isolated or Synthetic Non-Digestible               Submitted as a Citizen Petition (21 CFR
                                               addition, we made editorial changes to                  Carbohydrates Submitted as a Citizen                  10.30).’’ Received comments will be
                                               improve clarity and to focus on labeling                Petition (21 CFR 10.30).’’ The guidance               placed in the docket and, except for
                                               issues. The final guidance recognizes a                 describes our views on the scientific                 those submitted as ‘‘Confidential
                                               definition of honey that is broader than                evidence needed and the approach to                   Submissions,’’ publicly viewable at
                                               what was noted in the draft guidance                    evaluating the scientific evidence on the             https://www.regulations.gov or at the
                                               and that reflects comments that said that               physiological effects to human health of              Dockets Management Staff between 9
                                               bees use nectar from plants other than                  isolated or synthetic non-digestible                  a.m. and 4 p.m., Monday through
                                               flowers. We declined, however, to                       carbohydrates that are added to foods.                Friday.
                                               further define ‘‘chief floral source’’ (as              DATES: The announcement of the                           • Confidential Submissions—To
                                               suggested by other comments) because it                 guidance is published in the Federal                  submit a comment with confidential
                                               is addressed by the Compliance Policy                   Register on March 2, 2018.                            information that you do not wish to be
                                               Guide (CPG) 515.300, ‘‘Honey-Source                     ADDRESSES: You may submit electronic                  made publicly available, submit your
                                               Declaration’’ (available online at http://              or written comments on Agency                         comments only as a written/paper
daltland on DSKBBV9HB2PROD with NOTICES




                                               www.fda.gov/iceci/compliancemanuals/                    guidances at any time as follows:                     submission. You should submit two
                                               compliancepolicyguidancemanual/                                                                               copies total. One copy will include the
                                               ucm074437.htm), and it is the                           Electronic Submissions                                information you claim to be confidential
                                               responsibility of the producer to ensure                  Submit electronic comments in the                   with a heading or cover note that states
                                               that the source of its honey, if included               following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                               on the label, is not false or misleading.                 • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                               In response to multiple comments                        https://www.regulations.gov. Follow the               Agency will review this copy, including


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Document Created: 2018-03-01 23:57:09
Document Modified: 2018-03-01 23:57:09
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 March 2, 2018.
ContactAndrea Krause, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371.
FR Citation83 FR 8996 

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