[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29352-29353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11933]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2012-N-0473]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Irradiation in the Production, Processing, and
Handling of Food
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing an
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 requirements for food irradiation processors.
DATES: Submit either electronic or written comments on the collection
of information by July 16, 2012.
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: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850, 301-796-5733, domini.bean@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Irradiation in the Production, Processing, and Handling of Food--21 CFR
Part 179 (OMB Control Number 0910-0186)--Extension
Under sections 201(s) and 409 of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 321(s) and 348), food
irradiation is subject to regulation under the food additive premarket
approval provisions of the FD&C Act. The regulations providing for uses
of irradiation in the production, processing, and handling of food are
found in part 179 (21 CFR part 179). To ensure safe use of a radiation
source, Sec. 179.21(b)(1) requires that the label of sources bear
appropriate and accurate information identifying the source of
radiation and the maximum (or minimum and maximum) energy of radiation
emitted by X-ray tube sources. Section 179.21(b)(2) requires that the
label or accompanying labeling bear adequate directions for
installation and use and a statement supplied by FDA that indicates
maximum dose of radiation allowed. Section 179.26(c) requires that the
label or accompanying labeling bear a logo and a radiation disclosure
statement. Section 179.25(e) requires that food processors who treat
food with radiation make and retain, for 1 year past the expected shelf
life of the products up to a maximum of 3 years, specified records
relating to the irradiation process (e.g., the food treated, lot
identification, scheduled process, etc.). The records required by Sec.
179.25(e) are used by FDA inspectors to assess compliance with the
regulation that establishes limits within which radiation may be safely
used to treat food. The Agency cannot ensure safe use without a method
to assess compliance with the dose limits, and there are no practicable
methods for analyzing most foods to determine whether they have been
treated with ionizing radiation and are within the limitations set
forth in part 179. Records inspection is the only way to determine
whether firms are complying with the regulations for treatment of foods
with ionizing radiation.
Description of respondents: Respondents are businesses engaged in
the irradiation of food.
FDA estimates the burden of this collection of information as
follows:
[[Page 29353]]
Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average
21 CFR Section Number of records per Total annual burden per Total hours
recordkeepers recordkeeper records recordkeeping
----------------------------------------------------------------------------------------------------------------
179.25(e), Large processors..... 3 300 900 1 900
179.25(e), Small processors..... 4 30 120 1 120
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 1,020
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
FDA bases its estimate of burden for the recordkeeping provisions
of Sec. 179.25(e) on the Agency's experience regulating the safe use
of radiation as a direct food additive. The number of firms who process
food using irradiation is extremely limited. FDA estimates that there
are three irradiation plants whose business is devoted primarily (i.e.,
approximately 100 percent) to irradiation of food and other
agricultural products. Four other firms also irradiate small quantities
of food. FDA estimates that this irradiation accounts for no more than
10 percent of the business for each of these firms. Therefore, the
average estimated burden is based on three facilities devoting 100
percent of their business to food irradiation (3 x 300 hours = 900
hours for recordkeeping annually), and four facilities devoting 10
percent of their business to food irradiation (4 x 30 hours = 120 hours
for recordkeeping annually).
No burden has been estimated for the labeling requirements in
Sec. Sec. 179.21(b)(1), 179.21(b)(2), and 179.26(c) because the
information to be disclosed is information that has been supplied by
FDA. Under 5 CFR 1320.3(c)(2), the public disclosure of information
originally supplied by the Federal Government to the recipient for the
purpose of disclosure to the public is not a collection of information.
Dated: May 11, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-11933 Filed 5-16-12; 8:45 am]
BILLING CODE 4160-01-P