Notice2024-01704
Submission for OMB Review; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 29, 2024
Issuing agencies
Agriculture Department
Full Text
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<title>Federal Register, Volume 89 Issue 19 (Monday, January 29, 2024)</title>
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[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5480-5481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01704]
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Notices
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Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 /
Notices
[[Page 5480]]
DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
The Department of Agriculture has submitted the following
information collection requirement(s) to OMB for review and approval
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments
are requested regarding: whether the collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; the
accuracy of the agency's estimate of burden including the validity of
the methodology and assumptions used; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology Comments regarding these
information collections are best assured of having their full effect if
received by February 28, 2024. Written comments and recommendations for
the proposed information collection should be submitted within 30 days
of the publication of this notice on the following website
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
An agency may not conduct or sponsor a collection of information
unless the collection of information displays a currently valid OMB
control number and the agency informs potential persons who are to
respond to the collection of information that such persons are not
required to respond to the collection of information unless it displays
a currently valid OMB control number.
Agricultural Marketing Service
Title: Reporting and Recordkeeping Requirements under Regulations
(Other than Rules of Practice) Under the Perishable Agricultural
Commodities Act, 1930.
OMB Control Number: 0581-0031.
Summary of Collection: The Perishable Agricultural Commodities Act
(PACA) (7 U.S.C. 499a-499t) and PACA Regulations (7 CFR part 46)
require nearly all persons who operate as commission merchants,
dealers, and brokers buying or selling fruits and/or vegetables in
interstate or foreign commerce to be licensed. The PACA requires that
all parties fulfill their contractual obligations, and provides a forum
for resolving contract disputes. Those who engage in practices
prohibited by the PACA may have their licenses suspended or revoked.
The license is effective for three (3) years for retailers and grocery
wholesalers, unless withdrawn by USDA for valid reasons [7 CFR 46.9
(a)-(h)], and must be renewed on a triennial basis. The license for all
other licensees will then be effective for one year, unless withdrawn
by USDA for valid reasons [7 CFR 46.9 (a)-(h)] and must be renewed on
an annual basis. Also, licensees must report changes in principals,
stockholders, home addresses, and business locations to allow for
proper notification in the event of a dispute. Sections 3 and 4 of the
PACA and Sections 46.3 through 46.13 of the Regulations establish the
requirement for licensing and the type of information that must be
reported. The Division also asks that each licensee provide a business
email address in the event that the licensee wishes to receive license
or other PACA program information electronically. Section 9 of the PACA
and Sections 46.14 through 46.32 of the Regulations define the type of
business records that licensees must maintain. Businesses also provide
federal tax identification numbers per USDA's National Finance Center
(NFC) which handles all financial transactions for the PACA Division.
NFC is required by the Internal Revenue Service to report refunds to
businesses as taxable income. USDA had previously considered the
possibility of requiring licensees to provide a standard numerical
business identifier, such as the DUNS Number (Dun and Bradstreet's Data
Universal Numbering System). However, this requirement for this
identifier has been delayed indefinitely.
Need and Use of the Information: The information gathered on the
following forms and business records is required by the PACA and the
PACA Regulations. The information is used to adjudicate reparation and
administrative complaints filed against licensees to determine the
imposition of sanctions on firms and responsibly connected individuals
who have engaged in unfair trading practices. If this information was
unavailable, it would be impossible to identify and regulate
individuals or firms that are restricted due to sanctions imposed
because of reparation or administrative actions. Due to a recent AMS
reorganization, PACA Division is now under the Fair Trade Practices
Program (FTPP).
Description of Respondents: Business or other for-profit.
Number of Respondents: 9,178.
Frequency of Responses: Recordkeeping; Reporting: On occasion.
Total Burden Hours: 87,450.
Agricultural Marketing Service
Title: Child Nutrition Labeling Program.
OMB Control Number: 0581-0261.
Summary of Collection: The CN Labeling Program is a voluntary
technical assistance program, developed and implemented in 1984. The
program is designed to aid schools and institutions participating in
the National School Lunch Program (NSLP), School Breakfast Program
(SBP), Child and Adult Care Food Program (CACFP), and Summer Food
Service Program (SFSP), by determining the contribution a commercial
product makes toward the meal pattern requirements of these programs.
The National School Lunch Act (NSLA) was enacted as a measure of
national security, to safeguard the health and well being of the
nation's children and encourage the domestic consumption of
agricultural commodities through federally supported school lunch
programs. Section 9 (a) of the Act provides that ``Lunches served by
schools participating in the school lunch program . . . shall meet
minimum nutritional requirements prescribed by
[[Page 5481]]
the Secretary on the basis of nutritional research.'' Public Law 90-302
enacted in 1968 amended the NSLA and established the Special Food
Service Program for Children (SFSPFC). This was a pilot program
consisting of the forerunners to the Child Care Food Program and Summer
Food Service Program. The SFSPFC was created in response to the growing
number of working mothers and their children's need for good nutrition
when not attending school. Food service programs for children were
further strengthened in 1975 when Congress separated the Child Care
Food Program and Summer Food Service components of the SFSPFC and
provided each with legislative authorization. The National School Lunch
Act mandates the establishment of meal pattern requirements for the
Summer Food Service Program (section 13(f)) and for the Child Care Food
Program (section 17(g)). The Child Nutrition Act of 1966 was enacted to
strengthen and expand food service programs for children. Section 4(e)
mandates minimum nutritional requirements for the SBP.
The Child Nutrition Labeling Program evolved in response to a need
by child nutrition food service personnel to determine the contribution
foods make toward the meal pattern requirements of the Child Nutrition
Programs. During the 1970's, changes and expansion in food technology
and marketing increased the availability and use of commercially
prepared products such as beef patties and combination food items
(burritos, pizzas, etc.) in the Child Nutrition Programs. These
products posed a problem for food service personnel. It was difficult
at the point of sale to determine their contribution towards the food
based meal pattern requirements and assure compliance with Federal
regulations for serving specific amounts of food. With the anticipation
of increased sales of these products to the Child Nutrition Programs,
FNS was prompted to form an evaluation committee to determine a means
for properly evaluating the contribution of these products in meeting
the meal pattern requirements. The Committee, composed of Food and
Nutrition Service (FNS), Food Safety Inspection Service (FSIS),
Agricultural Marketing Service (AMS), and National Marine Fisheries
Service (NMFS) staff worked together to recommend, design, and
implement the CN Labeling Program to review and monitor such products.
The Child Nutrition Labeling Program is implemented in conjunction
with existing label approval programs administered by the Food Safety
and Inspection Service (FSIS), and the U.S. Department of Commerce
(DoC). To participate in the CN Labeling Program, industry submits
labels to AMS of products that are in conformance with the FSIS label
approval program (for meat and poultry), and the DoC label approval
program (for seafood products).
Need and Use of the Information: AMS To participate in the CN
Labeling Program, a food manufacturer submits a label application to
AMS for each food item they wish to market with a CN label. The CN
label statement indicates the portion size and what that portion
provides towards the meal pattern requirements. AMS reviews the product
formulation to determine if the CN label statement is accurate. The
burden accounted for includes the CN elements of the form only (AMS
reviews boxes 4, 5a, 9, 15, and 16 and it is estimated to take 15
minutes to complete). If the CN label is correct and complies with CN
Labeling requirements, AMS places a CN stamp of approval on the FSIS
Form 7234-1 (OMB approval number: 0583-0092) (which food manufacturers
use to submit their CN label applications). Once the label is approved
it can be used by the manufacturer. The existence of a CN label on a
product assures schools and other CN program operators that the product
contributes to the meal pattern requirements as stated on the label.
There is no Federal requirement that commercially prepared products
have CN label statements. The decision to require that products used in
the Child Nutrition Programs contain a CN label statement is left to
the local schools, child-care or summer institutions, or States
administering these programs. However, the CN Labeling Program plays a
significant role in the food service management of Child Nutrition
Programs. The scope and use of products labeled under the CN Labeling
Program have continually expanded. The continued requests for CN labels
by food manufacturers and food service directors are due to the
following: (1) The increased use of commercially prepared products, (2)
the requirement by some States that applicable processed donated food
products bear a CN label statement, and (3) increased use of the CN
label as a requirement in purchase specifications prepared by local
school food authorities. In addition, support for the use of CN label
statements has come from the Inspector General, food trade associations
and the National Advisory Council on Child Nutrition. These groups
believe that a broad CN Labeling Program could help assure compliance
with food based meal patterns.
Description of Respondents: Business or other for-profit.
Number of Respondents: 203.
Frequency of Responses: Reporting: On Occasion.
Total Burden Hours: 203.
Levi S. Harrell,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-01704 Filed 1-26-24; 8:45 am]
BILLING CODE 3410-02-P
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