Dive Brief:
- The FDA on Wednesday said it plans to eliminate standards for more than 50 food products, with the agency declaring the regulations “obsolete and unnecessary.”
- The move would revoke 52 standards of identity for products in the dairy, baked goods and canned fruit and vegetable segments, among other categories. The standards define a food’s ingredient composition or processing requirements to ensure that manufacturers cannot cut corners in production.
- The removal is the first step in an ongoing review of more than 250 standards of identity, the FDA said. The agency added that in some cases, the standards stifled innovation and prevented manufacturers from innovating or making their products healthier.
Dive Insight:
Beginning in 1939, the FDA started introducing standards for certain products in response to food manufacturers skimping on ingredients during the Great Depression, when companies would, for example, sell jams containing little actual fruit.
Modern labeling requirements have largely replaced these standards of identity, with consumers now able to see nutrition standards, potential allergens and a list of ingredients on products. Still, the standards have, for the most part, remained in place to ensure characteristics, ingredients and production processes are consistent with consumer expectations.
The dairy industry has for years pushed to remove identity standards, saying a product could be considered misbranded or adulterated if a manufacturer uses a new innovative process or ingredient that are not specifically included in law. Of the 280 standards of identity, one-third of them affect dairy products, according to the International Dairy Foods Association.
The standards can be rigid, as the Penn State College of Agricultural Sciences points out. “Cheddar” cheese, for example, must have a maximum moisture content of 39% and a minimum of 50% fat in the remaining solids. “Monterey Jack” must use pasteurized milk, but “Colby” can use raw milk as long as it’s aged for 60 days at a certain temperature.
More than a quarter of the product standards the FDA intends to revoke are in the cheese segment. Other standards set to be eliminated include those for canned fruit juices, macaroni and noodle products, plus vanilla extract and flavorings.
While the FDA is proposing to revoke 41 standards, the agency issued a direct rule outright eliminating 11 standards for canned fruits and vegetables no longer sold in U.S. grocery stores.
“Antiquated food standards are no longer serving to protect consumers,” FDA Commissioner Marty Makary said in a statement. “It is common sense to revoke them and move to a more judicious use of food standards and agency resources.”
The FDA has previously revoked standards of identity, though never on this large of a scale. Last year, the agency eliminated the standard for frozen cherry pie, and in 2022 removed the standard for French Dressing.
