Standards of Identity for Food (2024)

General Principles. The FDA is collaborating with the U.S. Department of Agriculture (USDA) to establish a set of general principles to use when considering whether to revise, eliminate, or establish a food standard. This is being informed, in part, by comments received when the FDA reopened the comment period in February 2020 on a joint FDA-USDA rule proposed in 2005 to establish a set of general principles for food standards.

Yogurt. The FDA reviewed objections submitted by the International Dairy Foods Association and Chobani in July 2021 to certain provisions in the final ruleto amend the yogurt standard of identity. The FDA issued the final rule to amend the yogurt SOI in June 2021. On March 22, 2022, the FDA published a notice to clarify that the effective dates of certain provisions of the yogurt standard of identity final rule have been stayed. On December 14, 2022, the FDA responded to several objections and requests for a hearing on provisions in the yogurt standard of identity final rule. The FDA denied the requests for a hearing and modified certain provisions in the final rule. On April 14, 2023, the FDA issued a final order to modify the yogurt standard of identity final rule with respect to maximum pH. The compliance date is January 1, 2024. Additional details can be found in the Federal Register notice.

Cheeses and Ultrafiltered Milk. The agency is finalizing a rule to amend SOI regulations for certain cheeses to allow for the use of fluid ultrafiltered milk, which would support innovation in cheesemaking. The FDA issued a proposed rule to amend the regulations to provide for the use of fluid ultrafiltered milk in the manufacture of standardized cheeses and related cheese products on October 19, 2005. and re-opened the comment period on the proposed rule in April 2020.

Partially Hydrogenated Oils. To facilitate the production of healthier standardized foods, the FDA is amending all SOIs that allow the inclusion of partially hydrogenated oils (PHOs) to no longer list PHOs as an optional ingredient. The FDA previously determined that PHOs, which are the primary dietary source of artificial trans fat in processed foods, are no longer generally recognized as safe.

Substitute Ingredients. The FDA is exploring how it can facilitate the production of healthier standardized foods to allow for substitute ingredients through a horizontal approach. Under such an approach, all SOIs that permit or require a particular ingredient could be modified in one rulemaking to permit a substitute ingredient(s). This approach could be used for a substitute ingredient that could make foods healthier.

Citizens Petitions.The FDA continues to review citizen petitions regarding SOIs, such as a request to establish a SOI for olive oil and olive pomace oil and a request to amend the SOI for maple syrup.

I've been immersed in the world of food standards and regulations for quite some time now, so buckle up for some expert insights. The FDA's collaboration with the USDA on establishing general principles for food standards is a significant stride. This collaboration is fueled by the reopening of the comment period in February 2020, which followed a joint FDA-USDA rule proposed in 2005. The goal? To refine, eliminate, or set new food standards based on comprehensive feedback.

Let's dive into the yogurt saga. In July 2021, the FDA faced objections from heavyweights like the International Dairy Foods Association and Chobani regarding certain provisions in the final rule to amend the yogurt standard of identity (SOI). The FDA, undeterred, issued the final rule in June 2021. Fast forward to March 22, 2022, when the FDA clarified that specific provisions of the yogurt SOI final rule would have delayed effective dates. On December 14, 2022, the FDA responded to objections, nixing requests for a hearing and tweaking some provisions. By April 14, 2023, a final order came into play, modifying the yogurt SOI final rule, particularly concerning maximum pH. Compliance date? January 1, 2024. Federal Register notice holds the treasure trove of additional details.

Now, let's talk cheese and ultrafiltered milk. The FDA is on the brink of amending standard of identity (SOI) regulations for certain cheeses, allowing the use of fluid ultrafiltered milk. This move aims to foster innovation in cheesemaking. The journey began with a proposed rule on October 19, 2005, with the comment period reopening in April 2020.

Health takes center stage with the FDA's initiative on partially hydrogenated oils (PHOs). To create healthier standardized foods, the FDA is amending SOIs that permit PHOs, removing them as an optional ingredient. Recognizing the health risks associated with artificial trans fats, the FDA deems PHOs no longer generally recognized as safe.

Substitute ingredients are the new frontier. The FDA is exploring a horizontal approach to modify SOIs, permitting substitute ingredients across the board. This strategy could usher in healthier food options by replacing specific ingredients in one comprehensive rulemaking.

Last but not least, citizen petitions add an interesting layer. The FDA is diligently reviewing petitions related to SOIs, such as requests for establishing a standard of identity for olive oil and olive pomace oil, as well as amending the SOI for maple syrup.

This intricate web of regulations and modifications reflects a dynamic landscape in the pursuit of safer, healthier, and more innovative food standards.

Standards of Identity for Food (2024)
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