[Federal Register: October 7, 2002 (Volume 67, Number 194)]
[&thnsp;Notices]               
[Page 62488-62489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc02-101]                         

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 02P–0009]

 
Draft Guidance for Industry: Guidance on Bulk Transport of Juice 
Concentrates and Certain Shelf Stable Juices; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of a draft guidance document entitled “Guidance on 
Bulk Transport of Juice Concentrates and Certain Shelf Stable 
Juices.” This draft guidance document is intended to provide 
processors of juice concentrates and certain shelf stable juice 
products with recommendations for the use of appropriate control 
measures to ensure that juice concentrates and certain shelf stable 
juices do not become contaminated or recontaminated with microbial 
pathogens during bulk transport.

DATES: Submit written or electronic comments concerning the draft 
guidance by December 6, 2002, to ensure adequate consideration in the 
preparation of the final guidance document. Comments on this guidance 
may be submitted at any time.

ADDRESSES: Submit written requests for single copies of the draft 
guidance to Amy Green (see FOR FURTHER INFORMATION CONTACT). See 
SUPPLEMENTARY INFORMATION section for electronic access to this draft 
guidance.
    Submit written comments on the draft guidance to the Dockets 
Management Branch (HFA–305), Food and Drug Administration, 5630 
Fishers Lane, rm. 1061, Rockville, MD 20852. Comments should be 
identified with the docket number found in brackets in the heading of 
this document. Submit electronic comments to http://www.fda.gov/
dockets/ecomments.

FOR FURTHER INFORMATION CONTACT: Amy Green, Center for Food Safety and 
Applied Nutrition (HFS–306), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740, 301–436–2025, 
FAX 301–436–2651.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA has developed the draft guidance document to provide processors 
of juice concentrates and certain shelf stable juice products with 
recommendations for the use of appropriate control measures to help 
ensure that juice concentrates and certain shelf stable juice products 
do not become contaminated or recontaminated with microbial pathogens 
during bulk transport. The draft guidance recommends control measures 
for several transport modalities, including: (1) Multiuse or reusable 
containers (e.g., tankers, reusable drums without liners, and reusable 
totes without liners) and (2) single-use sanitary containers or liners 
(e.g., single-use sanitary totes, single-use sanitary drums, bag-in-box 
containers, totes with single-use sanitary liners, and drums with 
single-use sanitary liners). The draft document describes five major 
areas of concern with bulk transport systems, special considerations 
for tankers, and provides examples of a cleaning and sanitizing 
protocol for a tanker, control measures that might be used in loading 
and unloading a tanker, and critical control points a producer might 
use to include bulk transport in its hazard analysis critical control 
point (HACCP) plan.
    This draft guidance is partly in response to a citizen petition 
submitted by certain representatives of the juice industry asking that 
FDA: (1) Amend 21 CFR 120.24(c) to exempt processors of juice 
concentrate and certain shelf stable juice products from the 
“single facility requirement” and (2) delay the effective 
date of the “single facility requirement” until the agency 
has disposed of the citizen petition. The petitioners contend that 
transportation hazards, which the “single facility 
requirement” was designed to address, could be adequately 
addressed as part of a processor's HACCP plan. This draft guidance 
provides recommendations that producers and users of juice concentrates 
and certain shelf stable juice products can use to prevent, reduce to 
acceptable levels, or eliminate the risk of contamination or 
recontamination of these products with microbial pathogens during bulk 
transport and thus satisfy the conditions under which FDA will consider 
the exercise of enforcement discretion.
    The draft guidance entitled “Guidance on Bulk Transport of 
Juice Concentrates and Certain Shelf Stable

[[Page 62489]]

Juices” is being issued as a level 1 draft guidance consistent 
with FDA's good guidance practices regulation (21 CFR 10.115). This 
draft guidance represents the agency's current thinking on this 
subject. It does not create or confer any rights for or on any person 
and does not operate to bind FDA or the public. An alternative approach 
may be used if such approach satisfies the requirements of the 
applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Dockets Management Branch (see 
ADDRESSES) written or electronic comments on the draft guidance. Two 
copies of any comments are to be submitted, except that individuals may 
submit one copy. Comments are to be identified with the docket number 
found in brackets in the heading of this document. The draft guidance 
and received comments may be seen in the Dockets Management Branch 
between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at 
http://www.cfsan.fda.gov/˜dms/guidance.html.

    Dated: September 27, 2002.
Margaret M. Dotzel,
Associate Commissioner for Policy.
[FR Doc. 0225342 Filed 10–4–02; 8:45 am]
BILLING CODE 4160–01–S