FDA to Revoke 52 ‘Obsolete’ Standards of Identity for Food Products

The U.S. Food and Drug Administration (FDA) announced it is revoking or proposing to revoke 52 food standards after concluding they are obsolete and unnecessary. The 52 standards are for canned fruits and vegetables, dairy products, baked goods, macaroni products and other foods.

The agency said this action is part of its ongoing analysis of a portfolio of more than 250 food Standards of Identity (SOI) to make sure they are useful, relevant and serve consumers in the best way.

“I’m eliminating outdated food regulations that no longer serve the interests of American families,” said U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. “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 began establishing food standards in 1939 to promote honesty and fair dealing and to ensure that the characteristics, ingredients and production processes of foods are consistent with what consumers expect. Advances in food science, agriculture and production practices and additional consumer protections have made many of these older standards unnecessary, said the agency.

“The FDA’s Standards of Identity efforts have helped ensure uniformity, boost consumer confidence and prevent food fraud,” said FDA Commissioner Marty Makary, M.D., M.P.H. “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. 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.”

The FDA’s actions include publication of the following:

• 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. The agency is issuing a companion proposed rule in the same issue of the Federal Register in case the direct final rule is withdrawn because significant adverse comments are received and the agency needs to move forward with a proposed rule to put these changes in place.
• A proposed rule that would revoke standards for 18 types of dairy products, including certain milk and cream products, cheeses and related cheese products and frozen desserts.
• A proposed rule that would revoke standards for 23 types of food products, including bakery products, macaroni and noodle products, canned fruit juices, fish and shellfish, food dressings and flavorings.

Many of the standards listed in the two proposed rules predate more recent consumer protections such as requirements about ingredient safety, ingredient labeling, food packaging, safe food production and manufacturing practices and nutrition labeling information and claims, said FDA.

The agency said the initiative supports a broader federal effort to reduce regulatory burdens, in alignment with President Donald Trump’s Executive Order 14192, “Unleashing Prosperity Through Deregulation.”