[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Notices]
[Pages 8832-8833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4338]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 99N-0192]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Infant Formula Recall Regulations

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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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 requirements related to the 
recall of infant formula.

DATES:  Submit written comments on the collection of information by 
April 26, 1999.
ADDRESSES:  Submit written comments on the collection of information to 
the Dockets Management Branch (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: Peggy Schlosburg, Office of 
Information Resources Management (HFA-250), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

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 below.
    With respect to the following collection of information, FDA 
invites comments on: (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

[[Page 8833]]

burden of the collection of information on respondents, including 
through the use of automated collection techniques, when appropriate, 
and other forms of information technology.

Infant Formula Recall Regulations--21 CFR 107.230, 107.240, 
107.250, 107.260, 107.280 (OMB Control Number 0910-0188--
Reinstatement)

     Section 412(e) of the Federal Food, Drug, and Cosmetic Act (the 
act) (21 U.S.C. 350a(e)) provides that if the manufacturer of an infant 
formula has knowledge that reasonably supports the conclusion that an 
infant formula processed by that manufacturer has left its control and 
may not provide the nutrients required in section 412(i) of the act or 
is otherwise adulterated or misbranded, the manufacturer must promptly 
notify the Secretary of Health and Human Services (the Secretary). If 
the Secretary determines that the infant formula presents a risk to 
human health, the manufacturer must immediately take all actions 
necessary to recall shipments of such infant formula from all wholesale 
and retail establishments, consistent with recall regulations and 
guidelines issued by the Secretary. Section 412(f)(2) of the act states 
that the Secretary shall by regulation prescribe the scope and extent 
of recalls of infant formula necessary and appropriate for the degree 
of risk to human health presented by the formula subject to recall. 
FDA's infant formula recall regulations (part 107, subpart E (21 CFR 
part 107, subpart E)) implement these statutory provisions.
     Section 107.230 requires each recalling firm to: (1) Evaluate the 
hazard to human health, (2) devise a written recall strategy, (3) 
promptly notify each affected direct account (customer) about the 
recall, and (4) furnish the appropriate FDA district office with copies 
of these documents. If the recalled formula presents a risk to human 
health, the recalling firm must also request that each establishment 
that sells the recalled formula post (at point of purchase) a notice of 
the recall and provide FDA with a copy of the notice. Section 107.240 
requires the recalling firm to: (1) Notify the appropriate FDA district 
office of the recall by telephone within 24 hours, (2) submit a written 
report to that office within 14 days, and (3) submit a written status 
report at least every 14 days until the recall is terminated. Before 
terminating a recall, the recalling firm is required to submit a 
recommendation for termination of the recall to the appropriate FDA 
district office and wait for written FDA concurrence (Sec. 107.250). 
Where the recall strategy or implementation is determined to be 
deficient, FDA may require the firm to change the extent of the recall, 
carry out additional effectiveness checks, and issue additional 
notifications (Sec. 107.260). In addition, to facilitate location of 
the product being recalled, the recalling firm is required to maintain 
distribution records for at least 1 year after the expiration of the 
shelf life of the infant formula (Sec. 107.280).
     The reporting and recordkeeping requirements described previously 
are designed to enable FDA to monitor the effectiveness of infant 
formula recalls in order to protect babies from infant formula that may 
be unsafe because of contamination or nutritional inadequacy or 
otherwise adulterated or misbranded. FDA uses the information collected 
under these regulations to help ensure that such products are quickly 
and efficiently removed from the market. If manufacturers were not 
required to provide this information to FDA, FDA's ability to ensure 
that recalls are conducted properly would be greatly impaired.
     FDA estimates the burden of this collection of information as 
follows:

                                  Table 1.--Estimated Annual Reporting Burden
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                                                      Annual
         21 CFR Section               No. of       Frequency per   Total Annual      Hours per      Total Hours
                                    Respondents      Response        Responses       Response
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107.230                                 1               1               1           4,500           4,500
107.240                                 1               1               1           1,482           1,482
107.250                                 1               1               1             120             120
107.260                                 1               1               1             650             650
Total                                                                                               6,752
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Under 5 CFR 1320.3(b)(2), the time, effort, and 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. No burden has been estimated 
for the recordkeeping requirement in Sec. 107.280 because these records 
are maintained as a usual and customary part of normal business 
activities. Manufacturers keep infant formula distribution records for 
the prescribed period as a matter of routine business practice.
     The reporting burden estimate is based on agency records, which 
show that there are five manufacturers of infant formula and that there 
have been three recalls in the last 3 years, or one recall annually.

    Dated: February 8, 1999.
 William K. Hubbard,
 Associate Commissioner for Policy Coordination.
[FR Doc. 99-4338 Filed 2-22-99; 8:45 am]
BILLING CODE 4160-01-F