Notice2023-10438
Cheese Products Deviating From Identity Standard; Temporary Permit for Market Testing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 17, 2023
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA or we) is announcing the extension of a temporary permit issued to Bongards Creameries (the applicant) to market test several pasteurized standardized cheeses that deviate from the U.S. standards of identity for cheese products. The extension allows the applicant to continue to evaluate commercial viability of the products and to collect data on consumer acceptance of the products, in support of a petition to amend the standard of identity for cheese products. We also invite other interested parties to participate in the market test.
Full Text
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<title>Federal Register, Volume 88 Issue 95 (Wednesday, May 17, 2023)</title>
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[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31508-31509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10438]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2020-N-2226]
Cheese Products Deviating From Identity Standard; Temporary
Permit for Market Testing
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
extension of a temporary permit issued to Bongards Creameries (the
applicant) to market test several pasteurized standardized cheeses that
deviate from the U.S. standards of identity for cheese products. The
extension allows the applicant to continue to evaluate commercial
viability of the products and to collect data on consumer acceptance of
the products, in support of a petition to amend the standard of
identity for cheese products. We also invite other interested parties
to participate in the market test.
DATES: The new expiration date of the permit will be either the
effective date of a final rule amending the standard of identity of
cheese products that may result from the petition or 30 days after
denial of the petition.
FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740, 240-402-2371.
SUPPLEMENTARY INFORMATION: In accordance with Sec. 130.17 (21 CFR
[[Page 31509]]
130.17), we issued a temporary permit to Bongards Creameries, 250 Lake
Drive East, Chanhassen, MN 55317, to market test products that deviate
from the standards of identity for cheese products under Sec. Sec.
133.167, 133.169, 133.170, and 133.173 (21 CFR 133.167, 133.169,
133.170, and 133.173) (85 FR 80118, December 11, 2020). We issued the
permit to facilitate market testing of products that deviate from the
requirements of the standard of identity for cheese products issued
under section 401 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 341). The permit covers limited interstate marketing tests of
cheese products.
The test products deviate from the standards of identity for cheese
products under Sec. Sec. 133.167, 133.169, 133.170, and 133.173. For
the purpose of this permit, natamycin, which is not permitted under the
standards of identity for these cheese products, would be added as a
mold inhibitor in the standardized cheeses. The inhibitor would be
incorporated into blended and processed cheese just prior to
pasteurization and further cast into slices (or packaging into loaves
or other final forms as in the case of pasteurized process cheese
spread). Natamycin, which is stable under typical thermal processing
conditions for pasteurized cheeses, would be added directly to cheese
blends just prior to pasteurization, as is done with other mold
inhibitors such as sorbic acid, sodium propionate, and their approved
variants. The final concentration of natamycin would not exceed 20
parts per million and would be effective at producing process and
blended slices with a shelf life of up to 150 days before seeing mold
growth.
The test products meet all the requirements of the standard with
the exception of this deviation.
On December 22, 2022, the applicant asked us to extend the
temporary permit so the applicant could have more time to market test
the cheese products and gain additional consumer acceptance in support
of the petition to amend the standard for cheese products. We find that
it is in the interest of consumers to extend the permit for continued
market testing of the cheese products to gain additional information on
consumer expectations and acceptance. Therefore, under Sec. 130.17(i),
we are extending the temporary permit granted to Bongards Creameries
for temporary marketing of a maximum of 100 million pounds (45,359,237
kilograms) of cheese products to provide continued market testing of
the specified amount of product for the applicant on an annual basis.
The new expiration date of the permit will be either the effective date
of a final rule amending the standard of identity for cheese products
that may result from the petition or 30 days after denial of the
petition. All other conditions and terms of this permit remain the
same.
In addition, we invite interested persons to participate in the
market test under the conditions of the permit, except for the
designated area of distribution. Any person who wishes to participate
in the extended market test must notify, in writing, the Branch Chief,
Product Evaluation Labeling Branch, Division of Food Labeling and
Standards, Office of Nutrition and Food Labeling, Center for Food
Safety and Applied Nutrition, via <a href="/cdn-cgi/l/email-protection#3771737671585853446745585045565a637a6777515356195f5f4419505841"><span class="__cf_email__" data-cfemail="f5b3b1b4b39a9a9186a5879a92879498a1b8a5b5939194db9d9d86db929a83">[email protected]</span></a>. The
notification must describe the test products and the area of
distribution, specify and justify the amount requested, and include the
labeling that will be used for the test product (i.e., a draft label
for each size of container and each brand of product to be market
tested) (see Sec. 130.17(c)). The information panels on the labels of
the test products must bear nutrition labeling in accordance with 21
CFR 101.9. Each of the ingredients used in the food must be declared on
the label as required by 21 CFR part 101.
Dated: May 10, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-10438 Filed 5-16-23; 8:45 am]
BILLING CODE 4164-01-P
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