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Notice2026-20990

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Requirements for Cosmetic Products

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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
October 14, 2026

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA, Agency, or we) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Full Text

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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Notices]
[Pages 65219-65221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20990]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2026-N-6739]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Requirements for 
Cosmetic Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is 
announcing that a proposed collection of information has been submitted 
to the Office of Management and Budget (OMB) for review and clearance 
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the 
collection of information by November 13, 2026.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. The OMB control number for 
this information collection is 0910-0599. Also include the FDA docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD

[[Page 65220]]

20852, 240-402-5733, <a href="/cdn-cgi/l/email-protection#a7f7f5e6f4d3c6c1c1e7c1c3c689cfcfd489c0c8d1"><span class="__cf_email__" data-cfemail="e9b9bba8ba9d888f8fa98f8d88c781819ac78e869f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Requirements for Cosmetic Products

OMB Control Number 0910-0599--Revision

    This information collection supports the implementation of 
statutory and regulatory requirements that govern cosmetic products, 
including requirements most recently established under the 
Modernization of Cosmetics Regulation Act of 2022 (MoCRA). MoCRA 
amended the Federal Food, Drug, and Cosmetic Act by adding, in 
pertinent part, sections 604, 605, 607, 608, and 609 (21 U.S.C. 364b, 
364c, 364e, and 364g), which establish or amend definitions and 
requirements related to adverse events, facility registration, cosmetic 
product listing, safety substantiation, and labeling. Agency 
regulations in 21 CFR part 701, subparts A, B, and C (Sec. Sec.  701.1-
701.30), establish cosmetic labeling requirements, including general 
provisions, package form requirements, and labeling requirements for 
specific ingredients. Respondents to the information collection consist 
primarily of responsible persons as defined in section 604(4) of the 
FD&C Act, meaning the manufacturer, packer, or distributor of a 
cosmetic product whose name appears on the label of such cosmetic 
product in accordance with section 609(a) of the FD&C Act or section 
4(a) of the Fair Packaging and Labeling Act.
    The respondent totals and burden figures are based on facility 
registration, cosmetic product listing, and labeling data derived from 
multiple submission pathways, including Cosmetics Direct, the 
Electronic Submission Gateway (ESG) Next Generation (NextGen), 
Structured Product Labeling (SPL) authoring software, and paper 
submissions. Cosmetics Direct is an online submission tool that allows 
users to enter required data, generate an SPL submission, and submit 
facility registrations, product listing, and renewals for cosmetic 
products directly to FDA. Alternatively, industry may use its own 
software to create an SPL-formatted submission and transmit the 
submission to FDA through the ESG.
    To assist respondents with information collection and provide an 
alternative to the ESG NextGen electronic submission process, we have 
also developed Form FDA 5066, entitled ``Registration of Cosmetic 
Product Facility,'' and Form FDA 5067, entitled ``Cosmetic Product 
Listing,'' to be used for cosmetic product facility registrations and 
product listings, respectively. These forms are available 
electronically and in paper format at <a href="https://www.fda.gov/cosmetics/registration-listing-cosmetic-product-facilities-and-products">https://www.fda.gov/cosmetics/registration-listing-cosmetic-product-facilities-and-products</a>.
    We have also developed the guidance document, ``Registration and 
Listing of Cosmetic Product Facilities and Products'' (December 2024), 
available at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-registration-and-listing-cosmetic-product-facilities-and-products">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-registration-and-listing-cosmetic-product-facilities-and-products</a>. The guidance document is intended to 
provide instruction in preparing and submitting registration and 
product listing information as required by section 607 of the FD&C Act. 
The guidance document discusses, among other things, who must register 
and list, when, and what information must be submitted to FDA.
    In the Federal Register of July 17, 2026 (91 FR 9287), we published 
a 60-day notice requesting public comment on the proposed collections 
of information. Although two comments were received, neither discussed 
the information collection topics found in 5 CFR 1320.8(d)(1) for which 
the Agency sought comment, nor did they suggest that we revise the 
figures we attribute to the individual collection tasks.
    We estimate the burden of the collections of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
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                                                                     Number of
    Information collection activity; FD&C act        Number of     responses per   Total annual          Average burden  per response        Total hours
                     section                        respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 605(e)(1): adverse event recordkeeping.....           1,165             1.2           1,398  0.6 (36 minutes).........................          839
Sec. 607(a)(1): initial facility registrations..           8,343               1           8,343  0.5 (30 minutes).........................        4,172
Sec. 607(a)(2) and (5): biennial facility                  2,107               1           2,107  0.17 (10 minutes)........................          358
 registration renewals and abbreviated facility
 registration renewals.
Sec. 607(a)(4): facility registration updates...           3,141               1           3,141  0.25 (15 minutes)........................          785
Sec. 607(f): post-hearing corrective action plan               5               1               5  10.......................................           50
Sec. 607(c)(1) & (2): initial cosmetic product            22,564           14.64         330,337  1........................................      330,337
 listing.
Sec. 607(c)(3): abbreviated cosmetic product              25,190               1          25,190  0.10 (6 minutes).........................        2,519
 listing renewals.
Sec. 607(c)(5): cosmetic product listing updates           3,020            8.15          24,613  0.25 (15 minutes)........................        6,153
Sec. 608(a): safety substantiation recordkeeping          22,564               1          22,564  1........................................       22,564
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................  ..............  ..............         417,698  .........................................      367,777
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\1\ There are no capital or operating and maintenance costs associated with the information collection.

    Because 5 CFR 1320.3(m) defines a recordkeeping requirement to 
include the reporting to the Federal government regarding such records, 
we have denoted table 1 as recordkeeping burden, noting that applicable 
requirements include the submission of information to FDA. We estimate 
a total burden of 367,777 hours associated with annual reporting and 
recordkeeping requirements cumulatively.
    For facility registration activity, we assume approximately 8,343 
annual respondents will engage in initial facility registration. 
Respondents are required to register their facility only once and based 
on internal trials and communication with industry, we estimate that 
registration will take approximately 30 minutes to complete for a total 
of 4,172 burden hours. Facility registration renewal occurs every two 
years. Therefore, the initial facility registration figure does not 
represent all currently active registrations and may appear low 
compared to the number of cosmetic product listing activity 
respondents. Differences in the timing of respondents completing 
initial facility registrations account for differences in respondent 
totals for initial facility registration, registration renewals, and 
registration updates. Additionally, renewals and updates typically 
involve less information input than the initial registration which 
accounts for their smaller average burden per response and total burden 
hours.
    For cosmetic product listing activity, we assume a total of 
approximately

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22,564 cosmetic product listing respondents and 25,190 cosmetic product 
listing renewal respondents. However, these figures may overestimate 
the total number of unique respondents because some respondents may 
both list new products in compliance with section 607(c)(1) and (2) of 
the FD&C Act and renew existing cosmetic product listings under section 
or update cosmetic product listings 607(c)(5) of the FD&C Act. 
Additionally, the total number of cosmetic product listing and listing 
renewal respondents will differ due to variation in the timing of 
respondents completing initial cosmetic product listings, as well as 
the voluntary nature of product listing renewals. For cosmetic product 
listing, we estimate an average of ~ 14.64 responses per respondent, 
which amounts to 330,337 responses, at an average rate of 1 hour 
response, for a total of 330,337 total burden hours. Like facility 
registration, cosmetic product listing renewals and updates typically 
involve less information input than the initial product listing which 
accounts for their smaller average burden per response and total burden 
hours.
    Adverse event reporting is captured on FDA Form 3500A, and the 
associated data are collected under OMB Control Number 0910-0291 (FDA's 
Adverse Event and Product Experience Reporting Program: MedWatch and 
the Safety Reporting Portal). Under section 605(e)(1) of the FD&C Act, 
a responsible person must maintain a record for six years (three years 
for qualifying small businesses) for each adverse event report that 
they are required to submit. Accordingly, the adverse event 
recordkeeping estimates presented in Table 1 are aligned with the data 
collected under OMB Control Number 0910-0291. However, because that 
information collection combines cosmetics-related adverse event reports 
with food and infant formula adverse event reports, the actual number 
of cosmetics adverse event reports may be lower than the figure 
presented here. We will update the estimate if more precise data 
becomes available.
    We estimate that each of the 22,564 respondents will maintain, on 
average, one safety substantiation record. Because section 608(a) 
requires responsible persons to maintain records supporting the 
``adequate substantiation of safety'' of cosmetic products, and because 
responsible persons have discretion in determining which records 
satisfy this requirement, we estimate that each respondent will create 
and maintain at least one record for compliance purposes.

                           Table 2--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Number of                         Average
     Regulatory authority:          Number of      disclosures     Total annual     burden per      Total hours
information collection activity    respondents    per respondent    disclosures     disclosure
----------------------------------------------------------------------------------------------------------------
21 CFR 701.3: declaration of              5,738               21         120,498               1         120,498
 ingredients in order of
 predominance..................
21 CFR 701.11: statement of               5,738               24         137,712               1         137,712
 identity......................
21 CFR 701.12: name and place             5,738               24         137,712               1         137,712
 of business...................
21 CFR 701.13: net quantity of            5,738               24         137,712               1         137,712
 contents......................
FD&C sec. 609(a): contact                 5,738               24         137,712               1         137,712
 information to send adverse
 event reports.................
FD&C sec. 609(c): professional              402               12           4,824               1           4,824
 use only......................
                                --------------------------------------------------------------------------------
    Total......................  ..............  ...............         676,170  ..............         676,170
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We estimate that 5,738 respondents will expend a total of 120,498-
137,712 burden hours annually (21 CFR 701.3, 701.11-13) including 
required disclosures on an average of 21-24 product labels per 
respondent. Similarly, we estimate 5,738 respondents will expend a 
total of 137,712 hours per label annually to ensure that an average of 
24 product labels display requisite adverse event reporting 
information, and that 402 respondents will expend an average of 4,824 
hours annually disclosing requisite ``professional use only'' labeling 
on an average of 12 products.

Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2026-20990 Filed 10-13-26; 8:45 am]
BILLING CODE 4164-01-P


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Indexed from Federal Register on October 14, 2026.

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