The final rule trumps the standards for low-fat yogurt and fat-free yogurt. Therefore, low-fat yogurt and fat-free yogurt fall within the general definition and standard of identity of § 130.10 (21 CFR 130.10), which sets out requirements for foods that differ from other standardized foods due to compliance with nutritional content. The final rule provides a modern standard for yogurt to enable technological progress, preserving the fundamental nature and essential properties of yogurt, but simplifying them and promoting honesty and fairness for the benefit of consumers. Under Section 701(e) of the FD&C Act, any action to amend or repeal a definition and standard of identity under Section 401 of the FD&C Act for a dairy product (e.g., Yogurt) by a proposal made either by the FDA on its own initiative or at the request of interested persons. Reasoned statement to the Secretary. The NYA filed such a citizen petition on February 18, 2000, in which, among other things, it asked us to repeal the standards of identity for low-fat yogurt (§ 131.203 (21 CFR 131.203)) and fat-free yogurt (§ 131.206 (21 CFR 131.206)) and to amend the standard of identity for yogurt (§ 131.200 (§ 131.200 (21 CFR 131.200)). In English, spelling variants include yogurt, yogurt and, to a lesser extent, yogurt or yogurt. [7] In the UK, the word is usually spelled yogurt, while in the US, the spelling is yogurt. In Australia, New Zealand and South Africa, both spellings are common. Canada has its own spelling, Yogurt, a minority variant of French Yogurt, although yogurt and yogurt are also used. [8] Section 401 of the FD&C Act directs the Secretary to issue regulations establishing and establishing an appropriate definition and standard of identity for each food if the Secretary is of the opinion that doing so promotes honesty and fair transactions in the interest of consumers.
Section 403(a)(1) of the FD&C Act considers foods to be mislabeled if their labelling is false or misleading in a particular case. Labelling may be misleading on the basis of positive indications made or suggested by the statement, word, design, device or a combination thereof; Labeling can also be misleading because it does not disclose facts that are material in light of those statements (see Section 201(n) of the FD&C Act). We have decided that non-nutritive sweeteners should only be allowed if a nutrient content is declared and therefore if the product is subject to the general definition and standard of § 130.10. As such, products that do not contain nutritive sweeteners, but otherwise meet the requirements of § 131.200, are not standardized food “yogurt” and are various standardized foods (e.g., “reduced-calorie yogurt”) under § 130.10. The name of each of these foods must be clearly indicated in the identity declaration on the product label in accordance with § 101.3. Please note that this approach is consistent with the approach of our current regulations, as § 130.10 allows deviations from §§ 131.200, 131.203 and 131.206 to meet a nutrient content claim defined in the regulation (e.g., “reduced calorie content”). The summer of 2018 was a busy one for the Trump administration. Between detaining immigrant children and attempting to force an accused sex offender to appear before the Supreme Court, the government has tackled the pressing issue of the legal definition of various foods. In July, the FDA announced that the agency wanted to protect the dairy industry by revising the definition of “milk” to exclude plant-based substitutes made from soy, nuts, hemp and others. Earlier in May, the Missouri state legislature took a similar pace when it passed a farm bill designed to help Big Meat by banning burger and plant-based dog manufacturers from using the word “meat” in their product labeling. Background: The FDA issued a final rule last month, effective today, that changes yogurt`s standard of identity — the legal definition of what a food is — by modernizing the rules to account for changes in yogurt-making technology.
It also revokes old individual identity standards for low-fat yogurt and fat-free yogurt. Industry compliance is expected by January. 1, 2024. In the European Parliament, the European Commission informed an MEP that neither the European Court of Justice nor the Commission itself had given a definition of yoghurt. The Court of Justice of the European Communities has ruled that, according to the Codex Alimentarius, the characteristic of the product marketed as yoghurt is the presence of specific viable lactic acid. In an “interpretative communication”, the Commission had stated that yoghurt had the characteristic of containing “live lactic acid bacteria in large quantities”. Any changes to the definition of “yogurt” will take some time as the FDA reviews the market and decides which combinations of ingredients are suitable to carry the label. It`s still unclear whether these silky soy and dairy blends will be included or excluded, but the dairy industry appears to be pushing for the latter, IDFA`s John Allan told the AP yesterday.
The rule provides a robust defence of standards of identity that ensure consumers buy products that meet their expectations. As the FDA writes, “Any food that claims to be yogurt or is represented as yogurt must meet the standard of defining yogurt identity.” So what`s in yogurt? “Cream, milk, partially skim milk, skim milk and reconstituted versions of these ingredients can be used alone or in combination as basic dairy ingredients in yogurt production,” he usually says. And how is yogurt made? “Yogurt is made by growing basic dairy ingredients and all optional dairy ingredients with a bacterial culture that produces characteristic lactic acid.” Pursuant to Section 701(e)(1) of the FD&C Act, any action to amend or repeal a definition and standard of identity under Section 401 of the FD&C Act for dairy products (e.g., Yogurt) with a proposal submitted either by the FDA on its own initiative or at the request of interested persons. NYA filed a citizens` petition on February 18, 2000 (Docket No. FDA-2000-P-0126, formerly Docket No. 2000P-0685), pursuant to our Rules of Procedure at 21 CFR 10.30, where, among other things, we require that we repeal the standards of identity for low-fat yogurt (§ 131.203) and fat-free yogurt (§ 131.206) and amend the standard of identity for yogurt (§ 131.200). In the Federal Register dated July 3, 2003 (68 FR 39873), the FDA published a Notice of Proposed Rulemaking (ANPRM) and published the proposals in the NYA petition pursuant to Section 701(e)(1) of the FD&C Act. The ANPRM sought comments on whether the measures proposed in the petition would promote honesty and fairness in the interest of consumers. The FDA subsequently published a proposed rule in the Federal Register on January 15, 2009 (74 FR 2443) in partial response to the citizens` petition. The FDA is now acting under Section 701(e) of the FD&C Act to complete the rule. (h) Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register pursuant to 5 U.S.C.
552(a) and 1 CFR Part 51. To apply an output other than that specified in this section, the FDA must publish a document on the Federal Register, and the material must be made available to the public. All approved documents are available for inspection from Food and Drug Administration records management staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, and are available from the sources identified in this subsection (h). It is also available for inspection at the National Archives and Records Administration (NARA). Information on the availability of this equipment at NARA can be obtained by e-mail fedreg.legal@nara.gov or www.archives.gov/federal-register/cfr/ibr-locations.html. The rule also affirms the role of nutritional quality in meeting consumer expectations. The discussion of the “nutritional or functional purposes” of ingredients permeates the document, and while the rule allows for some flexibility in the need to fortify with vitamin A in low-fat yogurts, it reinforces the fundamental and crucial role nutritional value plays in defining a product, as the FDA emphasizes preserving protein content and nutritional quality in the formulation of product. The process of standardizing the definition of a food can be surprisingly complicated.
Aside from the recent examples of “milk” and “meat,” another seemingly simple but ultimately difficult endeavor was to define the term “peanut butter,” a process that took the FDA nearly two decades. According to AP, the agency first proposed a standard for peanut butter in the late 1950s after spreads like jif and skippy — which contained nuts but also a host of added sugars and fats — hit the market. The FDA clashed with the Peanut Butter Manufacturers Association, and it wasn`t until 1970 that it concluded that any product labeled “peanut butter” must contain at least 90% peanuts.