
[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Notices]               
[Page 36097-36098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn10-49]                         

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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.

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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 oira_submission@omb.eop.gov. 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\
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                                                              No. of       Annual Frequency per     Total Annual        Hours per
                   Food Code Survey                        Respondents           Response            Responses           Response         Total Hours
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Respondents                                                            75                     4                300                  1                300
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\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

