Food Labeling; Calorie Labeling of Articles of Food in Vending Machines and Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments

Forms and Documents

Document Name	Status
Form 3757 Initial Burden (annualized over 3 years); Initial Registration Form and Instruction	Modified
0782 SSA 2018 Revision incorporating 0783.pdf Supporting Statement A	2018-03-29

IC Document Collections

IC ID	Document Title	Status
230863	Nutrition Analysis	New
214837	Third Party Disclosures	Modified
214836	Registration Renewal	Modified
214834	Initial Burden (annualized over 3 years); Initial Registration Form and Instruction	Modified

ICR Details

OMB Control No: 0910-0782	ICR Reference No: 201803-0910-007
Status: Active	Previous ICR Reference No: 201606-0910-008
Agency/Subagency: HHS/FDA	Agency Tracking No: CFSAN
Title: Food Labeling; Calorie Labeling of Articles of Food in Vending Machines and Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/16/2018
	Date Received in OIRA: 03/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2021	36 Months From Approved	05/31/2018
Responses	7,479,022	0	7,371,355
Time Burden (Hours)	1,509,130	0	1,507,789
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection supports FDA regulations under 21 CFR 101 which requires the disclosure of certain calorie labeling of articles of food in vending machines, as well as nutrition information for standard menu items in certain restaurants and retail food establishments. Respondents to this collection of information include vending machine operators, restaurants, and similar retail food establishments that are subject to or voluntarily elect to be subject to the regulatory requirements of the regulations.

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Authorizing Statute(s): US Code: 21 USC 343 Name of Law: Nutrition Labeling and Education Act, as amended
   US Code: 21 USC 301 et seq. Name of Law: Federal Food, Drug, and Cosmetic Act
  

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:
	82 FR 58425	12/12/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 13288	03/28/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Registration Renewal
Initial Burden (annualized over 3 years); Initial Registration	3757	DHHS/FDA Menu and Vending Machine Labeling Voluntary Registration
Third Party Disclosures
Nutrition Analysis

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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	7,479,022	7,371,355	0	0	107,667	0
Annual Time Burden (Hours)	1,509,130	1,507,789	0	0	1,341	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: This information collection has been revised to include burden previously accounted for under OMB Control No. 0910-0783. This is discussed more fully in Question 15 of our Supporting Statement.

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Annual Cost to Federal Government: $60,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Yes

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: 03/29/2018

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