Guidance for Industry: Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body

Forms and Documents

Document Name	Status
SS-0910-0374 Rev. 12-09-11.doc Supporting Statement A	2011-12-09

IC Document Collections

IC ID	Document Title	Status
6011	Reporting: Guidance for Industry: - Notification of a Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body Other-Guidance	Modified
186770	Reporting: Guidance for Industry: Requirement for Analytical Methodology Information Based on Authoritative Statement for Both Nutrient Content Claims and Health Claims Notifications Other-Guidance	Modified
186769	Reporting: Guidance for Industry: Notification of a Health Claim Based on an Authoritative Statement of a Scientific Body Other-Guidance	Modified

ICR Details

OMB Control No: 0910-0374	ICR Reference No: 201112-0910-004
Status: Historical Active	Previous ICR Reference No: 200809-0910-007
Agency/Subagency: HHS/FDA	Agency Tracking No:
Title: Guidance for Industry: Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/29/2012
	Date Received in OIRA: 12/14/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2015	36 Months From Approved	03/31/2012
Responses	4	0	6
Time Burden (Hours)	702	0	1,153
Cost Burden (Dollars)	0	0	0

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Abstract: This guidance provides information to industry for submission of notifications of a health claim or nutrient content claim based on an authoritative statement of a scientific body. Under Sections 303 and 304 of the FDA Modernization Act of 1997 (FDAMA), firms must submit such notifications to FDA 120 days before they begin marketing a food product that bears a health claim or a nutrient content claim that is based upon an authoritative statement of a scientific body.

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Authorizing Statute(s): US Code: 21 USC 343 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 46819	08/03/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 77838	12/14/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Reporting: Guidance for Industry: - Notification of a Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body
Reporting: Guidance for Industry: Notification of a Health Claim Based on an Authoritative Statement of a Scientific Body
Reporting: Guidance for Industry: Requirement for Analytical Methodology Information Based on Authoritative Statement for Both Nutrient Content Claims and Health Claims Notifications

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4	6	0	0	-2	0
Annual Time Burden (Hours)	702	1,153	0	0	-451	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $34,128

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/14/2011

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