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[Federal Register: July 15, 2009 (Volume 74, Number 134)] [Notices] [Page 34353-34357] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy09-103] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2009-N-0296]

Agency Information Collection Activities; Proposed Collection; Comment Request; Food Labeling Regulations 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 in FDA's food labeling regulations and on Form FDA 3570, ``Model Small Business Nutrition Labeling Exemption Notice,'' which small businesses may use to claim the small business exemption from nutrition labeling. DATES: Submit written or electronic comments on the collection of information by September 14, 2009. 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: Jonna Capezzuto, Office of Information Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-796-3794. 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, [[Page 34354]] when appropriate, and other forms of information technology. Food Labeling Regulations--21 CFR Parts 101, 102, 104, and 105 (OMB Control Number 0910-0381)--Extension FDA regulations require food producers to disclose to consumers and others specific information about themselves or their products on the label or labeling of their products. Related regulations require that food producers retain records establishing the basis for the information contained in the label or labeling of their products and provide those records to regulatory officials. Finally, certain regulations provide for the submission of food labeling petitions to FDA. FDA's food labeling regulations under parts 101, 102, 104, and 105 (21 CFR parts 101, 102, 104, and 105) were issued under the authority of sections 4, 5, and 6 of the Fair Packaging and Labeling Act (the FPLA) (15 U.S.C. 1453, 1454, and 1455) and under sections 201, 301, 402, 403, 409, 411, 701, and 721 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 321, 331, 342, 343, 348, 350, 371, and 379e). Most of these regulations derive from section 403 of the act, which provides that a food product shall be deemed to be misbranded if, among other things, its label or labeling fails to bear certain required information concerning the food product, is false or misleading in any particular, or bears certain types of unauthorized claims. The disclosure requirements and other collections of information in the regulations in parts 101, 102, 104, and 105 are necessary to ensure that food products produced or sold in the United States are in compliance with the labeling provisions of the act and the FPLA. Section 101.3 of FDA's food labeling regulations requires that the label of a food product in packaged form bear a statement of identity (i.e., the name of the product), including, as appropriate, the form of the food or the name of the food imitated. Section 101.4 prescribes requirements for the declaration of ingredients on the label or labeling of food products in packaged form. Section 101.5 requires that the label of a food product in packaged form specify the name and place of business of the manufacturer, packer, or distributor and, if the food producer is not the manufacturer of the food product, its connection with the food product. Section 101.9 requires that nutrition information be provided for all food products intended for human consumption and offered for sale, unless an exemption in Sec. 101.9(j) applies to the product. Section 101.9(g)(9) also provides for the submission to FDA of requests for alternative approaches to nutrition labeling. Finally, Sec. 101.9(j)(18) provides for the submission to FDA of notices from firms claiming the small business exemption from nutrition labeling. FDA has developed Form FDA 3570 to assist small businesses in claiming the small business exemption from nutrition labeling. The form contains all the elements required by Sec. 101.9(j)(18). Section 101.10 requires that restaurants provide nutrition information, upon request, for any food or meal for which a nutrient content claim or health claim is made. Section 101.12(b) provides the reference amount that is used for determining the serving sizes for specific products, including baking powder, baking soda, and pectin. Section 101.12(e) provides that a manufacturer that adjusts the reference amount customarily consumed (RACC) of an aerated food for the difference in density of the aerated food relative to the density of the appropriate nonaerated reference food must be prepared to show FDA detailed protocols and records of all data that were used to determine the density-adjusted RACC. Section 101.12(g) requires that the label or labeling of a food product disclose the serving size that is the basis for a claim made for the product if the serving size on which the claim is based differs from the RACC. Section 101.12(h) provides for the submission of petitions to FDA to request changes in the reference amounts defined by regulation. Section 101.13 requires that nutrition information be provided in accordance with Sec. 101.9 for any food product for which a nutrient content claim is made. Under some circumstances, Sec. 101.13 also requires the disclosure of other types of information as a condition for the use of a nutrient content claim. For example, under Sec. 101.13(j), if the claim compares the level of a nutrient in the food with the level of the same nutrient in another ``reference'' food, the claim must also disclose the identity of the reference food, the amount of the nutrient in each food, and the percentage or fractional amount by which the amount of the nutrient in the labeled food differs from the amount of the nutrient in the reference food. It also requires that when this comparison is based on an average of food products, this information must be provided to consumers or regulatory officials upon request. Section 101.13(q)(5) requires that restaurants document and provide to appropriate regulatory officials, upon request, the basis for any nutrient content claims they have made for the foods they sell. Section 101.14(d)(2) and (d)(3) provides for the disclosure of nutrition information in accordance with Sec. 101.9 and, under some circumstances, certain other information as a condition for making a health claim for a food product. Section 101.15 provides that, if the label of a food product contains any representation in a foreign language, all words, statements, and other information required by or under authority of the act to appear on the label shall appear thereon in both the foreign language and in English. Section 101.22 contains labeling requirements for the disclosure of spices, flavorings, colorings, and chemical preservatives in food products. Section 101.22(i)(4) sets forth reporting and recordkeeping requirements pertaining to certifications for flavors designated as containing no artificial flavor. Section 101.30 specifies the conditions under which a beverage that purports to contain any fruit or vegetable juice must declare the percentage of juice present in the beverage and the manner in which the declaration is to be made. Section 102.33 specifies the common or usual name for beverages that contain fruit or vegetable juice. Section 101.36 requires that nutrition information be provided for dietary supplements offered for sale, unless an exemption in Sec. 101.36(h) applies. Section 101.36(f)(2) cross-references the provisions in Sec. 101.9(g)(9) for the submission to FDA of requests for alternative approaches to nutrition labeling. Also, Sec. 101.36(h)(2) cross-references the provisions in Sec. 101.9(j)(18) for the submission of small business exemption notices. As noted previously, FDA has developed Form FDA 3570 to assist small businesses in claiming the small business exemption from nutrition labeling. The form contains all the elements required by Sec. 101.36(h)(2). Section 101.36(e) permits the voluntary declaration of the quantitative amount and the percent of Daily Value of a dietary ingredient on a ``per day'' basis in addition to the required ``per serving'' basis, if a dietary supplement label recommends that the dietary supplement be consumed more than once per day. Section 101.42 requests that food retailers voluntarily provide nutrition information for raw fruits, vegetables, and fish at the point of purchase, and Sec. 101.45 contains guidelines for providing such information. Also, Sec. 101.45(c) provides for the submission of nutrient databases and proposed nutrition labeling values for raw fruit, [[Page 34355]] vegetables, and fish to FDA for review and approval. Sections 101.54, 101.56, 101.60, 101.61, and 101.62 specify information that must be disclosed as a condition for making particular nutrient content claims. Section 101.67 provides for the use of nutrient content claims for butter, and cross-references requirements in other regulations for ingredient declaration (Sec. 101.4) and disclosure of information concerning performance characteristics (Sec. 101.13(d)). Section 101.69 provides for the submission of a petition requesting that FDA authorize a particular nutrient content claim by regulation. Section 101.70 provides for the submission of a petition requesting that FDA authorize a particular health claim by regulation. Section 101.77(c)(2)(ii)(D) requires the disclosure of the amount of soluble fiber per serving in the nutrition labeling of a food bearing a health claim about the relationship between soluble fiber and a reduced risk of coronary heart disease. Section 101.79(c)(2)(iv) requires the disclosure of the amount of folate per serving in the nutrition labeling of a food bearing a health claim about the relationship between folate and a reduced risk of neural tube defects. Section 101.100(d) provides that any agreement that forms the basis for an exemption from the labeling requirements of section 403(c), (e), (g), (h), (i), (k), and (q) of the act be in writing and that a copy of the agreement be made available to FDA upon request. Section 101.100 also contains reporting and disclosure requirements as conditions for claiming certain labeling exemptions (e.g., Sec. 101.100(h)). Section 101.105 specifies requirements for the declaration of the net quantity of contents on the label of a food in packaged form and prescribes conditions under which a food whose label does not accurately reflect the actual quantity of contents may be sold, with appropriate disclosures, to an institution operated by Federal, State, or local government. Section 101.108 provides for the submission to FDA of a written proposal requesting a temporary exemption from certain requirements of Sec. Sec. 101.9 and 105.66 for the purpose of conducting food labeling experiments with FDA's authorization. Regulations in part 102 define the information that must be included as part of the statement of identity for particular foods and prescribe related labeling requirements for some of these foods. For example, Sec. 102.22 requires that the name of a protein hydrolysate shall include the identity of the food source from which the protein was derived. Part 104, which pertains to nutritional quality guidelines for foods, cross-references several labeling provisions in part 101 but contains no separate information collection requirements. Part 105 contains special labeling requirements for hypoallergenic foods, infant foods, and certain foods represented as useful in reducing or maintaining body weight. The disclosure and other information collection requirements in the previously mentioned regulations are placed primarily upon manufacturers, packers, and distributors of food products. Because of the existence of exemptions and exceptions, not all of the requirements apply to all food producers or to all of their products. Some of the regulations affect food retailers, such as supermarkets and restaurants. The purpose of the food labeling requirements is to allow consumers to be knowledgeable about the foods they purchase. Nutrition labeling provides information for use by consumers in selecting a nutritious diet. Other information enables a consumer to comparison shop. Ingredient information also enables consumers to avoid substances to which they may be sensitive. Petitions or other requests submitted to FDA provide the basis for the agency to permit new labeling statements or to grant exemptions from certain labeling requirements. Recordkeeping requirements enable FDA to monitor the basis upon which certain label statements are made for food products and whether those statements are in compliance with the requirements of the act or the FPLA. FDA estimates the burden of this collection of information as follows: Table 1.--Total Estimated Annual Burden\1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- No. of Annual Frequency Total Annual Hours per 21 CFR Section and Part/Form No. Respondents per Response Responses Response Total Hours -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.3, 101.22, 102 and 104 25,000 1.03 25,750 .5 12,875 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.4, 101.22, 101.100, 102, 25,000 1.03 25,750 1 25,750 104 and 105 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.5 25,000 1.03 25,750 0.25 6,438 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.9, 101.13(n), 101.14(d)(3), 101.62, and 104 25,000 1.03 25,750 4 103,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.9(g)(9) and 101.36(f)(2) 12 1 12 4 48 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.9(j)(18) and 101.36(h)(2)/Form FDA 3570 10,000 1 10,000 8 80,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.10 300,000 1.5 450,000 0.25 112,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.12(b) 29 2.3 67 1 67 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.12(e) 25 1 25 1 25 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.12(g) 5,000 1 5,000 1 5,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.12(h) 5 1 5 80 400 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.13(d)(1) and 101.67 200 1 200 1 200 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 34356]]

101.13(j)(2), 101.13(k), 101.54, 101.56, 101.60, 101.61, 5,000 1 5,000 1 5,000 and 101.62 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.13(q)(5) 300,000 1.5 450,000 0.75 337,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.14(d)(2) 300,000 1.5 450,000 0.75 337,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.15 160 10 1,600 8 12,800 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.22(i)(4) 25 1 25 1 25 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.30 and 102.33 1,500 5 7,500 1 7,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.36 300 40 12,000 4 48,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.36(e) 125 13 1,625 0.25 406 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.42 and 101.45 1,000 1 1,000 0.5 500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.45(c) 5 4 20 4 80 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.69 3 1 3 25 75 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.70 5 1 5 80 400 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.79(c)(2)(i)(D) 1,000 1 1,000 0.25 250 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.79(c)(2)(iv) 100 1 100 0.25 25 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.100(d) 1,000 1 1,000 1 1,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.105 and 101.100(h) 25,000 1.03 25,750 0.5 12,875 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.108 1 1 1 40 40 -------------------------------------------------------------------------------------------------------------------------------------------------------- Total ................. ................. ................. ................. 1,110,279 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\There are no capital costs or operating and maintenance costs associated with this collection of information.

Table 2.--Total Estimated Annual Burden\1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- No. of Annual Frequency per Total Annual Hours per 21 CFR Section Recordkeepers Recordkeeping Records Record Total Hours -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.12(e) 25 1 25 1 25 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.13(q)(5) 300,000 1.5 450,000 0.75 337,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.14(d)(2) 300,000 1.5 450,000 0.75 337,500 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.22(i)(4) 25 1 25 1 25 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.100(d)(2) 1,000 1 1,000 1 1,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- 101.105(t) 100 1 100 1 100 -------------------------------------------------------------------------------------------------------------------------------------------------------- Total ................. ....................... ................. ........... 676,150 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\There are no capital costs or operating and maintenance costs associated with this collection of information. The estimated annual reporting and recordkeeping burdens are based on agency communications with industry and FDA's knowledge of and experience with food labeling and the submission of petitions and requests to the agency. Where an agency regulation implements an information collection requirement in the act or the FPLA, only any additional burden attributable to the regulation has been included in FDA's burden estimate. No burden has been estimated for those requirements where the information to be disclosed is information that has been supplied by FDA. Also, no burden has been estimated for information that is disclosed to third parties as a usual and customary part of a food producer's normal business activities. 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. Under 5 CFR 1320.3(b)(2), the time, effort, and [[Page 34357]] financial resources necessary to comply with a collection of information are excluded from the burden estimate if the reporting, recordkeeping, or disclosure activities needed to comply are usual and customary because they would occur in the normal course of activities. In this request for extension of OMB approval under the PRA, FDA is combining the burden hours associated with OMB control numbers 0910- 0395 (collection entitled ``Food Labeling: Nutrition Labeling of Dietary Supplements on a `Per Day' Basis'') and 0910-0515 (collection entitled ``Food Labeling: Trans Fatty Acids in Nutrition Labeling'') with the burden hours approved under OMB control number 0910-0381 (collection entitled ``Food Labeling Regulations''). Dated: July 8, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9-16869 Filed 7-14-09; 8:45 am] BILLING CODE 4160-01-S…...

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...How to Write a Religious Studies Essay The first thing to understand when approaching an essay in religious studies is the unique nature of the discipline. Apart from its distinctive subject matter, the interdisciplinary nature of the field makes the study of religion both fascinating and highly challenging. The academic study of religion requires more than knowledge of individual texts, beliefs and practices, and may draw upon fields as diverse as history, sociology, anthropology, hermeneutics, and linguistics. For this reason, your instructors will expect you to familiarise yourself with and be able to employ a variety of different theories and methods. The interdisciplinary nature of the subject is also reflected in the various kinds of essays you will be asked to write, which may include a mixture of comparative, textual, ethnographic, hermeneutical, sociological and historical approaches. The academic study of religion takes place in a secular rather than a faith-based context. Since it aims to understand religion from a perspective that can be shared by all, and limits itself to evidence that is available to all, you will not be required to try to prove or refute particular religious beliefs. As an interdisciplinary academic subject, religious studies employs historical, textual, cultural, sociological and anthropological methods to contextualise, interpret and understand religious beliefs, practices, traditions and communities. As such, it is important......

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...steps in the scientific method? Type your response here: 4. Why did most Medieval philosophers and scientists feel that experimentation was unnecessary? Type your response here: 5. Why did the Enlightenment writer Voltaire get into so much trouble in France and elsewhere? Type your response here: Part 2 Write a well-developed essay of two to three paragraphs on one of the topics below. Make sure you use specific information from this lesson and, if need be, from previous lessons. Proofread your essay to eliminate errors in grammar and spelling. (Each question is worth 15 points) 1. Choice #1: Compare and contrast the careers of Galileo Galilei and Isaac Newton. What discoveries did each make? How were their methods similar or different? How were both received by the religious and political authorities of the day? A complete answer will include an assessment of the political and cultural climate in which each thinker lived.  Choice#2: Write an essay explaining how the Scientific Revolution influenced Enlightenment thinkers in other disciplines. Your essay should mention at least two of the following thinkers and topics: divine right of kings, empiricism, Vesalius, Descartes, Hobbes, or Voltaire. Type your response here: ----------------------- Submission ----------------------- © 2013 EDMENTUM, INC....

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...How to determine custom essay editing company that is legitimate This is the company you will find great editors to provide you with custom essay editing service. Students whose first language is not English may find speaking and writing in English as a difficult task for them. Most of these students are international students who have enrolled in various universities in America and in the UK. The main teaching language is English, American and Standard English respectively. It is essential for students to master well the language of instruction because it is a medium through which they are required to write their assignments and speak in classroom. Competence and fluency in English language will help students to read and understand the teaching material provided to them. It is important therefore for students to ask for support from custom essay editing services which deal with the tips of writing good essays among other academic papers and also to write for them assignment essays. Our writing and editing services is created both for students and professionals. We deal with both the non academic and academic editing and writing services to fulfill your needs. At our custom essay editing, you will find editors who are qualified in linguistics and English language. We are ready to provide you the custom essay editing service at any time of the day or night because we operate as a 24/7 service. Our custom essay editing service comprises of creative thinkers, skillful......

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...Der Essay Was ist ein Essay? Nach der Duden-Definition ist ein Essay eine Abhandlung, die eine literarische oder wissenschaftliche Frage in knapper und anspruchsvoller Form behandelt. Einen Essay schreiben heißt also wissenschaftliches Schreiben, eine kritische Auseinandersetzung mit einem Thema. Ausgangspunkt für einen kritischen Essay ist in der Regel ein Problem, eine strittige Frage oder eine These, die in dem Essay dann bewusst subjektiv diskutiert werden soll. Dabei benötigt der Einstieg in den Essay/in das Thema einen Aufhänger. Das kann ein aktuelles Ereignis sein, oder auch eine persönliche Begebenheit. Es muss klar werden, warum Sie sich zu diesem Zeitpunkt mit dem gewählten Thema auseinandersetzen und weshalb Sie dem Thema eine gewisse Relevanz zusprechen. Anforderungen an einen Essay Das Schreiben von Essays soll die kritische Beurteilung und das Abwägen wissenschaftlicher Positionen fördern; dabei wird kein Anspruch auf vollständige Darstellung in allen Details erhoben, wichtiger ist die Betrachtung des Gegenstandes in einem größeren Gesamtzusammenhang. Mehr noch als bei Hausarbeiten muss man daher zwischen Wichtigem und Unwichtigem unterscheiden. Als AutorIn hat man damit die Möglichkeit, wissenschaftliche Erkenntnisse zusammen mit eigenen persönlichen Beobachtungen und Eindrücken zu schildern. Im Mittelpunkt steht jedoch die wissenschaftliche Argumentation, die zum Ausgangspunkt für Ergänzungen und Überlegungen genommen wird.......

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