Food Additive Petitions Comments Due Jun 9

Content

ACTION:

Notice.

SUMMARY:

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish
notice in the
Federal Register
concerning each proposed collection of information, including each proposed extension of an existing collection of information,
and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection
provisions of FDA's regulations for submission of petitions, including food and color additive petitions (including labeling),
submission of information to a master file in support of petitions, and electronic submission using Form FDA 3503.

DATES:

Either electronic or written comments on the collection of information must be submitted by June 9, 2026.

ADDRESSES:

You may submit comments as follows. Please note that late, untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of June 9, 2026. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are received on or before
that date.

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.

• 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-2026-N-2743 for “Agency Information Collection Activities; Proposed Collection; Comment Request; Submission of Petitions: Food Additive, Color Additive (Including Labeling), Submission of Information to a Master File in Support of Petitions; and Electronic Submission Using Food and Drug Administration Form 3503.” Received comments, those filed in a timely manner (see ADDRESSES ), 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.

FOR FURTHER INFORMATION CONTACT:

Michael Ellison, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St.,
North Bethesda, MD 20852, 240-402-2093, PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

Under the PRA (44 U.S.C. 3501-3521), Federal Agencies must obtain approval from the Office of Management and Budget (OMB)
for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and
5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide
information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide
a 60-day notice in the
Federal Register
concerning each proposed collection of information, including each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed
collection of information set forth in this document.

With respect to the following collection of information, FDA invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity
of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated
collection techniques, when appropriate, and other forms of information technology.

Submission of Petitions: Food Additive, Color Additive (Including Labeling), Submission of Information to a Master File in

Support of Petitions; and Electronic Submission Using Form FDA 3503—21 CFR 21 CFR 70.25, 71.1, and 171.1 and 21 CFR Parts
172, 173, 179, and 180

OMB Control Number 0910-0016—Extension

Section 409(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 348(a)) provides that a food additive shall
be deemed to be unsafe, unless: (1) the additive and its use, or intended use, are in conformity with a regulation issued
under section 409 that describes the condition(s) under which the additive may be safely used; (2) the additive and its use,
or intended use, conform to the terms of an exemption for investigational use; or (3) a food contact notification submitted
under section 409(h) is effective. Food additive petitions (FAPs) are submitted by individuals or companies to obtain approval
of a new food additive or to amend the conditions of use permitted under an existing food additive regulation. Section 171.1
of FDA's regulations (21 CFR 171.1) specifies the information that a petitioner must submit in order to establish that the
proposed use of a food additive is safe and to secure the publication of a food additive regulation describing the conditions
under which the additive may be safely used. Parts 172, 173, 179, and 180 (21 CFR parts 172, 173, 179, and 180) contain labeling
requirements for certain food additives to ensure their safe use.

Section 721(a) of the FD&C Act (21 U.S.C. 379e(a)) provides that a color additive shall be deemed to be unsafe unless the
additive and its use are in conformity with a regulation that describes the condition(s) under which the additive may safely
be used, or the additive and its use conform to the terms of an exemption for investigational use issued under section 721(f).
Color additive petitions (CAPs) are submitted by individuals or companies to obtain approval of a new color additive or a
change in the conditions of use permitted for a color additive that is already approved. Section 71.1 of the Agency's regulations
(21 CFR 71.1) specifies the information that a petitioner must submit to establish the safety of a color additive and to secure
the issuance of a regulation permitting its use. FDA's color additive labeling requirements in § 70.25 (21 CFR 70.25) require
that color additives that are to be used in food, drugs, cosmetics, or medical devices be labeled with sufficient information
to ensure their safe use.

FDA scientific personnel review FAPs to ensure the safety of the intended use of the additive in or on food, or that may be
present in food as a result of its use in articles that contact food. Likewise, FDA personnel review CAPs to ensure the safety
of the color additive prior to its use in food, drugs, cosmetics, or medical devices.

Respondents may transmit FAP or CAP regulatory submissions in electronic format or paper format to the Human Foods Program
(HFP) using Form FDA 3503. Form FDA 3503 helps the respondent organize their submission to focus on the information needed
for FDA's safety review. Form FDA 3503 can also be used to organize information within a master file submitted in support
of petitions according to the items listed on the form. Master files can be used as repositories for information that can
be referenced in multiple submissions to the Agency, thus minimizing paperwork burden for food and color additive approvals.

We improved the information collection by using the HFP Centralized Online Submission Module (COSM). COSM provides a real-time
user interface process that assists respondents in preparing and making submissions to HFP. COSM, available 24 hours a day
and 7 days a week, is a web-based tool that supports electronic submissions, thereby eliminating the need for printing and
mailing of paper submissions. Further information about COSM, including user instruction, is available on the internet at: https://www.fda.gov/food/registration-food-facilities-and-other-submissions/centralized-online-submission-module-cosm.

Description of Respondents: Respondents are businesses engaged in the manufacture or sale of food, food ingredients, color additives, or substances used
in materials that come into contact with food.

We estimate the burden of this collection of information as follows:

| Activity/21 CFR section; or form # | Number of
respondents | Number of
responses perrespondent | Total annual
responses | Average
burden perresponse | Total hours | Total
operating andmaintenancecosts |
| --- | --- | --- | --- | --- | --- | --- |
| Submission of Petitions: Color Additive Including Labeling—70.25, 71.1 | 4 | 1 | 4 | 1,337 | 5,348 | $11,200 |
| Submission of Petitions: Food Additive Including Labeling—171.1 | 3 | 1 | 3 | 7,093 | 21,279 | 0 |
| Form FDA 3503 2 | 5 | 1 | 5 | 1 | 5 | 0 |
| Total | | | | | 26,632 | 11,200 |
| 1 There are no capital costs associated with this collection of information. | | | | | | |
| 2 Form FDA 3503 is used for both CAPs and FAPs. | | | | | | |
Based on a review of the information collection since our last request for OMB approval, we have adjusted our burden estimate
for CAPs since the average number submitted has increased over the last 10 years. Due to the increase of submissions, we estimate
that 4 CAPs will be submitted annually. Thus, the estimated burden for the information collection reflects an overall increase
of 2,674 hours. Our estimate of burden attributable to FAPs or CAPs is based on our experience with the information collection,
which FAPs has not changed since our last review and reflects the average number of petitions we have received annually over
a period of 10 years. The attendant burden we estimate also reflects an industry average, although burden associated with
individual petitions may vary depending on the complexity of the petition, and the amount and type of data needed for scientific
analysis.

CAPs are subject to fees. The listing fee for a CAP ranges from $1,600 to $3,000, depending on the intended use of the color
additive and the scope of the requested amendment. A complete schedule of fees is set forth in 21 CFR 70.19. An average of
one Category A and one Category B CAP is expected per year. The maximum CAP fee for a Category A petition is $2,600, and the
maximum CAP fee for a Category B petition is $3,000. Because an average of four CAPs are expected per calendar year, the estimated
total annual operating and maintenance cost burden to petitioners for this startup cost would be less than or equal to $11,200
((2 × $2,600) + (2 × $3,000) listing fees). There are no capital costs associated with CAPs.

The labeling requirements for food and color additives were designed to specify the minimum information needed for labeling
so that food and color manufacturers may comply with all applicable provisions of the FD&C Act and other specific labeling
acts administered by FDA. Label information does not require any additional information gathering beyond what is already required
to assure conformance with all specifications and limitations in any given food or color additive regulation. Label information
does not have any specific recordkeeping requirements unique to preparing the label. Therefore, because labeling requirements
under § 70.25 for a particular color additive involve information required as part of the CAP safety review process, the estimate
for number of respondents is the same for §§ 70.25 and 71.1, and the burden hours for labeling are included in the estimate
for § 71.1. Also, because labeling requirements under parts 172, 173, 179, and 180 for particular food additives involve information
required as part of the FAP safety review process under § 171.1, the burden hours for labeling are included in the estimate
for § 171.1.

Grace R. Graham, Deputy Commissioner for Policy, Legislation, and International Affairs. [FR Doc. 2026-06935 Filed 4-9-26; 8:45 am] BILLING CODE 4164-01-P

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