[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12967-12969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5286]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0084]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Channels of Trade Policy for Commodities With Residues 
of Pesticide Chemicals, for Which Tolerances Have Been Revoked, 
Suspended, or Modified by the Environmental Protection Agency Pursuant 
to Dietary Risk Considerations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an

[[Page 12968]]

opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the information collection 
provisions of FDA's guidance for industry entitled ``Channels of Trade 
Policy for Commodities With Residues of Pesticide Chemicals, for Which 
Tolerances Have Been Revoked, Suspended, or Modified by the 
Environmental Protection Agency Pursuant to Dietary Risk 
Considerations.''

DATES: Submit either electronic or written comments on the collection 
of information by May 9, 2011.

ADDRESSES: Submit electronic comments on the collection of information 
to http://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852. All comments should be identified with the docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-3793.

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

Channels of Trade Policy for Commodities With Residues of Pesticide 
Chemicals, for Which Tolerances Have Been Revoked, Suspended, or 
Modified by the Environmental Protection Agency Pursuant to Dietary 
Risk Considerations (OMB Control Number 0910-0562)--Extension

    The Food Quality Protection Act of 1996 (FQPA), which amended the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act), established a new 
safety standard for pesticide residues in food, with an emphasis on 
protecting the health of infants and children. The Environmental 
Protection Agency (EPA) is responsible for regulating the use of 
pesticides (under FIFRA) and for establishing tolerances or exemptions 
from the requirement for tolerances for residues of pesticide chemicals 
in food commodities (under the FD&C Act). EPA may, for various reasons, 
e.g., as part of a systematic review or in response to new information 
concerning the safety of a specific pesticide, reassess whether a 
tolerance for a pesticide residue continues to meet the safety standard 
in section 408 of the FD&C Act (21 U.S.C. 346a). When EPA determines 
that a pesticide's tolerance level does not meet that safety standard, 
the registration for the pesticide may be canceled under FIFRA for all 
or certain uses. In addition, the tolerances for that pesticide may be 
lowered or revoked for the corresponding food commodities. Under 
section 408(l)(2) of the FD&C Act, when the registration for a 
pesticide is canceled or modified due to, in whole or in part, dietary 
risks to humans posed by residues of that pesticide chemical on food, 
the effective date for the revocation of such tolerance (or exemption 
in some cases) must be no later than 180 days after the date such 
cancellation becomes effective or 180 days after the date on which the 
use of the canceled pesticide becomes unlawful under the terms of the 
cancellation, whichever is later.
    When EPA takes such actions, food derived from a commodity that was 
lawfully treated with the pesticide may not have cleared the channels 
of trade by the time the revocation or new tolerance level takes 
effect. The food could be found by FDA, the Agency that is responsible 
for monitoring pesticide residue levels and enforcing the pesticide 
tolerances in most foods (the U.S. Department of Agriculture (USDA) has 
responsibility for monitoring residue levels and enforcing pesticide 
tolerances in egg products and most meat and poultry products), to 
contain a residue of that pesticide that does not comply with the 
revoked or lowered tolerance. FDA would normally deem such food to be 
in violation of the law by virtue of it bearing an illegal pesticide 
residue. The food would be subject to FDA enforcement action as an 
``adulterated'' food. However, the channels of trade provision of the 
FD&C Act addresses the circumstances under which a food is not unsafe 
solely due to the presence of a residue from a pesticide chemical for 
which the tolerance has been revoked, suspended, or modified by EPA. 
The channels of trade provision (section 408(l)(5) of the FD&C Act) 
states that food containing a residue of such a pesticide shall not be 
deemed ``adulterated'' by virtue of the residue, if the residue is 
within the former tolerance, and the responsible party can demonstrate 
to FDA's satisfaction that the residue is present as the result of an 
application of the pesticide at a time and in a manner which were 
lawful under FIFRA.
    In the Federal Register of May 18, 2005 (70 FR 28544), FDA 
announced the availability of a guidance document entitled ``Channels 
of Trade Policy for Commodities With Residues of Pesticide Chemicals, 
for Which Tolerances Have Been Revoked, Suspended, or Modified by the 
Environmental Protection Agency Pursuant to Dietary Risk 
Considerations.'' The guidance represents the Agency's current thinking 
on its planned enforcement approach to the channels of trade provision 
of the FD&C Act and how that provision relates to FDA-regulated 
products with residues of pesticide chemicals for which tolerances have 
been revoked, suspended, or modified by EPA pursuant to dietary risk 
considerations. The guidance can be found at http://www.cfsan.fda.gov/guidance.html. FDA anticipates that food bearing lawfully applied 
residues of pesticide chemicals that are the subject of future EPA 
action

[[Page 12969]]

to revoke, suspend, or modify their tolerances, will remain in the 
channels of trade after the applicable tolerance is revoked, suspended, 
or modified. If FDA encounters food bearing a residue of a pesticide 
chemical for which the tolerance has been revoked, suspended, or 
modified, it intends to address the situation in accordance with 
provisions of the guidance. In general, FDA anticipates that the party 
responsible for food found to contain pesticide chemical residues 
(within the former tolerance) after the tolerance for the pesticide 
chemical has been revoked, suspended, or modified will be able to 
demonstrate that such food was handled, e.g., packed or processed, 
during the acceptable timeframes cited in the guidance by providing 
appropriate documentation to the Agency as discussed in the guidance 
document. FDA is not suggesting that firms maintain an inflexible set 
of documents where anything less or different would likely be 
considered unacceptable. Rather, the Agency is leaving it to each 
firm's discretion to maintain appropriate documentation to demonstrate 
that the food was so handled during the acceptable timeframes.
    Examples of documentation which FDA anticipates will serve this 
purpose consist of documentation associated with packing codes, batch 
records, and inventory records. These are types of documents that many 
food processors routinely generate as part of their basic food-
production operations.
    FDA is requesting the extension of OMB approval for the information 
collection provisions in the guidance.
    Description of Respondents: The likely respondents to this 
collection of information are firms in the produce and food-processing 
industries that handle food products that may contain residues of 
pesticide chemicals after the tolerances for the pesticide chemicals 
have been revoked, suspended, or modified.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                           Annual
                              Activity                                    No. of       frequency per     Total annual      Hours per       Total hours
                                                                       respondents        response        responses         response
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Documentation Submission...........................................               1                1                1                3                3
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA expects the total number of pesticide tolerances that are 
revoked, suspended, or modified by EPA pursuant to dietary risk 
considerations in the next 3 years to remain at a low level, as there 
have been no changes to the safety standard for pesticide residues in 
food since 1996. Thus, FDA expects the number of submissions it will 
receive pursuant to the guidance document will also remain at a low 
level. However, to avoid counting this burden as zero, FDA has 
estimated the burden at one respondent making one submission a year for 
a total of one annual submission.
    FDA based its estimate of the hours per response on the assumption 
that the information requested in the guidance is readily available to 
the submitter. We expect that the submitter will need to gather 
information from appropriate persons in the submitter's company and to 
prepare this information for submission to FDA. The submitter will 
almost always merely need to copy existing documentation. We believe 
that this effort should take no longer than 3 hours per submission.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                                                           Annual
                              Activity                                    No. of       frequency per     Total annual      Hours per       Total hours
                                                                      recordkeepers    recordkeeping       records           record
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Documentation Recordkeeping........................................               1                1                1               16               16
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\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    In determining the estimated annual recordkeeping burden, FDA 
estimated that at least 90 percent of firms maintain documentation, 
such as packing codes, batch records, and inventory records, as part of 
their basic food production or import operations. Therefore, the 
recordkeeping burden was calculated as the time required for the 10 
percent of firms that may not be currently maintaining this 
documentation to develop and maintain documentation, such as batch 
records and inventory records. In previous information collection 
requests, this recordkeeping burden was estimated to be 16 hours per 
record. FDA has retained its prior estimate of 16 hours per record for 
the recordkeeping burden. As shown in table 1 of this document, FDA 
estimates that one respondent will make one submission per year. 
Although FDA estimates that only 1 out of 10 firms will not be 
currently maintaining the necessary documentation, to avoid counting 
the recordkeeping burden for the 1 submission per year as 1/10 of a 
recordkeeper, FDA estimates that 1 recordkeeper will take 16 hours to 
develop and maintain documentation recommended by the guidance.

    Dated: March 3, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5286 Filed 3-8-11; 8:45 am]
BILLING CODE 4160-01-P