Federal Register #FDA-2026-N-10430

FDA Requests Comment on State Petitions for Exemption from Federal Food Labeling Preemption

This notice from the Food and Drug Administration (FDA), under the Department of Health and Human Services, seeks public comment on the collection of information for state petitions requesting exemption from federal preemption of food labeling and standard-of-identity requirements. - Government Buyer: - Department of Health and Human Services (HHS) - Food and Drug Administration (FDA) - OEMs and Vendors: - No OEMs or vendors are mentioned, as this is not a procurement action. - Products/Services Requested: - Collection of information from state and local governments regarding petitions for exemption from federal preemption of food labeling and standards of identity. - No part numbers or quantities are specified. - Unique or Notable Requirements: - Submissions must meet prerequisites outlined in FDA regulations under section 403A(b) of the Federal Food, Drug, and Cosmetic Act. - The information collected will be used to determine if state requirements qualify for exemption from federal preemption. - This is a regulatory information collection notice, not a solicitation for goods or services.

Description

The Food and Drug Administration (FDA) is seeking public comment on the proposed collection of information related to state petitions for exemption from federal preemption of state food labeling and standard-of-identity requirements. This collection supports FDA regulations under section 403A(b) of the Federal Food, Drug, and Cosmetic Act. States may submit petitions to FDA for exemption, which must meet specific prerequisites and include required information. The information collected enables FDA to determine whether the state requirements satisfy criteria for exemption from federal preemption. Comments on this collection must be submitted by November 20, 2026.

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