[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Notices]
[Pages 36097-36098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15337]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2010-N-0180]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Adoption of the Food
and Drug Administration Food Code by Local, State, and Tribal
Governments
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.
DATES: Fax written comments on the collection of information by July
26, 2010.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX: 202-395-7285, or e-mailed to [email protected]. All
comments should be identified with the OMB control number 0910-0448.
Also include the FDA 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: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed
[[Page 36098]]
collection of information to OMB for review and clearance.
Adoption of the FDA Food Code by Local, State, and Tribal Governments--
42 U.S.C. 243(a) (OMB Control Number 0910-0448)--Extension
FDA has developed its model Food Code to assist and promote
consistent implementation of national food safety regulatory policy
among the local, State, and tribal governmental agencies that have
primary responsibility for the regulation or oversight of retail level
food operations. The FDA Food Code provides a scientifically sound
technical and legal basis for regulating the retail segment of the food
industry. Authority for providing such assistance is derived from
section 311(a) of the Public Health Service Act (42 U.S.C. 243(a)).
Under 31 U.S.C. 1535, FDA provides assistance to other Federal agencies
such as the Indian Health Service (IHS).
Nationwide adoption of the model FDA Food Code is an important step
toward the agency's goal for consistent, scientifically sound, and
risk-based food safety standards and practices. A current,
comprehensive, and accurate inventory of food code adoptions by States
and U.S. territories, local, and tribal governments is necessary to
determine the status of up-to-date protection of the U.S. population
and to identify areas where assistance to these governments may promote
the adoption of regulations based on the FDA Food Code.
This collection effort, which began in 2001, has had remarkable
success with 97 percent participation from State and territorial
governmental agencies. FDA contracted with the Association of Food and
Drug Officials (AFDO) to conduct the initial survey using the OMB
approved survey form. The rulemaking process that local, State,
territorial, and tribal governmental agencies must follow to adopt the
model FDA Food Code is often a long and complicated process that can
extend for several years. For this reason, many agencies have reported
that they are still in the rulemaking process to adopt or update their
food codes. Thus, FDA believes that extension of OMB approval of the
survey is needed in order to keep the current database accurate and up-
to-date. The contractor will collect the information electronically
and/or telephonically and will be able to provide respondents with
previous survey responses already in the database. Respondents to this
information collection are States and U.S. territories, local, and
tribal governmental agencies.
In the Federal Register of April 14, 2010 (71 FR 19405), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
FDA estimates the burden of this collection of information as
follows:
Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
No. of Annual Frequency per Total Annual Hours per
Food Code Survey Respondents Response Responses Response Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Respondents 75 4 300 1 300
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
This estimate is based on FDA's experience and the number of
updates received in the past 3 years. FDA estimates that 75 respondents
will provide four quarterly updates each, resulting in an estimated 300
total annual responses. The agency estimates that each quarterly update
will take about 1 hour. Of the 75 respondents, those who amend their
regulations with changes unrelated to the risk factors and
interventions, and those who are not adopting model FDA Food Code
provisions, but are incorporating certain Conference for Food
Protection recommendations only, will likely need only annual contact.
Dated: June 18, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-15337 Filed 6-23-10; 8:45 am]
BILLING CODE 4160-01-S