[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74732-74733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25719]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-1752]


Public Availability of Lists of Retail Consignees To Effectuate 
Certain Human and Animal Food Recalls; Guidance for Industry and Food 
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is 
announcing the availability of a final guidance for industry and FDA 
staff entitled ``Public Availability of Lists of Retail Consignees to 
Effectuate Certain Human and Animal Food Recalls; Guidance for Industry 
and FDA staff.'' The guidance for industry and FDA staff describes how 
and when FDA intends to collect, compile, and publicize lists of retail 
consignees that may have received recalled foods. While FDA intends to 
focus on recalls where there is a reasonable probability that the use 
of, or exposure to, the food will cause serious adverse health 
consequences or death to humans or animals (Class I recalls), FDA may 
also publicize retail consignee lists for other food recalls as 
described in the guidance. FDA's goal is to publicize retail consignee 
lists for these food recalls where providing this additional 
information will be of the most use to consumers to help them identify 
recalled food and to determine whether that food is in their possession 
as effectively and quickly as possible.

DATES: The announcement of the guidance is published in the Federal 
Register on November 23, 2020.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.

[[Page 74733]]

     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-D-1752 for ``Public Availability of Lists of Retail Consignees 
to Effectuate Certain Human and Animal Food Recalls; Guidance for 
Industry and FDA Staff.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852, 240-402-7500.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Office of Strategic Planning and Operational Policy, Office of 
Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr., 
Element Building, Rockville, MD 20857. Send one self-addressed adhesive 
label to assist that office in processing your requests. See the 
SUPPLEMENTARY INFORMATION section for electronic access to the guidance 
document.

FOR FURTHER INFORMATION CONTACT: Chris Henderson, Office of Regulatory 
Affairs, Division of Operational Policy, Food and Drug Administration, 
12420 Parklawn Dr., Rockville, MD 20857, 240-402-8186, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry and 
FDA staff entitled ``Public Availability of Lists of Retail Consignees 
to Effectuate Certain Human and Animal Food Recalls.'' The guidance for 
industry and FDA staff describes how and when FDA intends to collect, 
compile, and publicize lists of retail consignees that may have 
received recalled foods. FDA's goal is to publicize retail consignee 
lists for these food recalls, especially those that are likely to be 
classified as Class I recalls, where providing this additional 
information will be of the most use to consumers to help them identify 
recalled food, and to determine whether that food is in their 
possession as effectively and quickly as possible.
    In the Federal Register of September 27, 2018 (83 FR 48825), we 
announced a draft guidance for industry and FDA staff entitled ``Public 
Availability of Lists of Retail Consignees to Effectuate Certain Human 
and Animal Food Recalls'' and gave interested parties an opportunity to 
submit comments by November 26, 2018, for us to consider before 
beginning work on the final version of the guidance. We reviewed 
comments received and, where appropriate, made changes to the guidance 
based on these comments. The changes include a change to footnote seven 
of the guidance regarding restaurants, a statement that FDA intends to 
update the retail consignee lists as the information available to FDA 
develops, the removal of an example of food that may fit the criteria 
described in the guidance, and other nonsubstantive edits. The guidance 
announced in this notice finalizes the draft guidance dated September 
2018.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). This guidance represents FDA's 
current thinking regarding publicizing lists of retail consignees to 
effectuate certain food recalls. It does not establish any rights for 
any person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Any 
collections of information under 21 CFR 7.46, 7.49, 7.53, 7.55, and 
7.59 have been approved under OMB control number 0910-0249.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at 
either https://www.fda.gov/Safety/Recalls/default.htm or https://www.regulations.gov.

    Dated: November 16, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-25719 Filed 11-20-20; 8:45 am]
BILLING CODE 4164-01-P