The FDA Is Revoking 52 Food Standards of Identity

The U.S. Food and Drug Administration (FDA) announced that it is “revoking, or proposing to revoke, 52 food standards after concluding they are obsolete and unnecessary.” It’s a move that could change the contents of some of your favorite prepared foods.

The FDA explained in a statement that the standards of identity (SOIs) being immediately revoked or proposed for revocation are for canned fruits and vegetables, dairy products, baked goods, macaroni products, and “other foods,” as the FDA believes their standards of identity are no longer relevant. 

“I’m eliminating outdated food regulations that no longer serve the interests of American families,” Robert F. Kennedy Jr., the Secretary of Health and Human Services, shared in a statement. “Today marks a crucial step in my drive to cut through bureaucratic red tape, increase transparency, and remove regulations that have outlived their purpose.”

The FDA explained that it started setting standards of identity in 1939 to promote “honesty and fair dealing” and ensure the “characteristics, ingredients, and production processes of specific foods were consistent with what consumers expect.”

It noted that, at the time, there were products “that were represented as jams containing fruit, but the products contained little fruit, so it established baselines for a food to be labeled as such. Oregon Growers explained that “Preserves” and “Jams” must contain at least “55% sugar and 45% fruit. If a product does not meet these requirements, it must be called by another name.” Jam makers may no longer be required to adhere to these percentages if their standard of identity were to go away. 

However, the FDA now contends that these rules have hindered innovation. Food Dive referenced an article by Penn State’s College of Agricultural Sciences, which explains that these rules can require quite specific details. For instance, it noted that “Colby” cheese must be made from unpasteurized (raw) milk and cured at a temperature “not less than 35ºF (1.7ºC) for at least 60 days (21 CFR 113.118),” while “Monterey Jack” must be made from “pasteurized milk.” 

This news will likely be especially welcome to the dairy community, as more than a quarter are in the cheese segment, Food Dive added. Others include vegetable noodle products, artificially sweetened canned fruit cocktail, and Vanilla-vanillin extract (see the complete list here). Importantly, the FDA noted that it issued a direct final rule revoking standards for 11 types of canned fruits and vegetables that are “no longer sold in U.S. grocery stores, including seven standards for fruits artificially sweetened with saccharin or sodium saccharin.” 

According to the FDA, the decision was made after it reviewed its portfolio of “over 250 food Standards of Identity (SOI) to make sure they are useful, relevant, and serve consumers in the best possible way.” The removal, it added, is aligned with the agency’s broader efforts to allocate “resources to where they’re most needed — delivering better outcomes for the American people.”

“The FDA’s Standards of Identity efforts have helped ensure uniformity, boost consumer confidence, and prevent food fraud. But many of these standards have outlived their usefulness and may even stifle innovation in making food easier to produce or providing consumers healthier choices,” FDA Commissioner Marty Makary added. “Antiquated food standards are no longer serving to protect consumers. It is common sense to revoke them and move to a more judicious use of food standards and agency resources.”