Notice2025-11208
Yogurt Products Deviating From Standard of Identity; 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
June 18, 2025
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA or we) is announcing the amendment to the temporary permit issued to Chobani, LLC, (Chobani) to market test yogurt deviating from the yogurt standard of identity and lower fat yogurt products deviating from the general definition and standard of identity in 21 CFR 130.10 by using ultrafiltered nonfat milk as a basic dairy ingredient. We are also announcing an extension to this permit, which allows Chobani to continue to evaluate commercial viability of these products and to collect data on consumer acceptance of these products in support of a petition to amend the standard of identity for yogurt. We also invite other interested parties to participate in the market test.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Page 26056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11208]
[[Page 26056]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2023-N-0853]
Yogurt Products Deviating From Standard of Identity; 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
amendment to the temporary permit issued to Chobani, LLC, (Chobani) to
market test yogurt deviating from the yogurt standard of identity and
lower fat yogurt products deviating from the general definition and
standard of identity in 21 CFR 130.10 by using ultrafiltered nonfat
milk as a basic dairy ingredient. We are also announcing an extension
to this permit, which allows Chobani to continue to evaluate commercial
viability of these products and to collect data on consumer acceptance
of these products in support of a petition to amend the standard of
identity for yogurt. 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 for
yogurt that may result from the petition or 30 days after denial of the
petition.
FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Nutrition Center of
Excellence, Human Foods Program, Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740, 240-402-2371, or Keronica
Richardson, Office of Policy, Regulations, and Information, Human Foods
Program, Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740, 240-402-2378.
SUPPLEMENTARY INFORMATION: In the Federal Register of March 28, 2023
(88 FR 18322), we issued a notice announcing that we issued a temporary
permit to Chobani, LLC, 200 Lafayette St., New York, NY 10012, to
facilitate market testing of products that deviate from the
requirements for the basic dairy ingredient provision of the yogurt
standard of identity under 21 CFR 131.200(b). The permit allows Chobani
to market test yogurt and lower fat yogurt products using ultrafiltered
(UF) nonfat milk as a basic dairy ingredient through the addition of
water and nonnutritive sweeteners. In the Federal Register of September
25, 2023 (88 FR 65691), we issued a notice announcing an amendment to
this permit. The amendment allows the market test product to be used as
ingredients, in whole or in part, in nonstandardized foods. All other
conditions and terms of this permit remained the same.
In accordance with 21 CFR 130.17(f), we are amending the permit
issued to Chobani to correct an error to replace the word ``through''
with the word ``and,'' clarifying that the intent of the permit is to
allow Chobani to manufacture yogurt and lower fat yogurt products using
UF nonfat milk as a basic dairy ingredient and using water and non-
nutritive sweetener ingredients. The amendment also applies to yogurt
and lower fat yogurt products used as ingredients, in whole or in part,
in nonstandardized foods.
In addition, we are announcing the extension of this permit in
accordance with 21 CFR 130.17(i). On June 18, 2024, Chobani submitted a
request to extend the temporary permit so that it could have more time
to market test the test products and gain additional consumer
acceptance in support of the petition to amend the standard of identity
for yogurt. On this same date, Chobani submitted a citizen petition
(Docket No. FDA-2024-P-2933) requesting that we amend the standard of
identity for yogurt at 21 CFR 131.200 to include UF nonfat milk as a
basic dairy ingredient allowed in the manufacture of yogurt.
We find that it is in the interest of consumers to extend the
permit for continued market testing of the test products to gain
additional information on consumer expectations and acceptance.
Therefore, under Sec. 130.17(i), we are extending the temporary permit
granted to Chobani, LLC, for temporary marketing of a maximum of
150,000,000 pounds (68,038,855.5 kilograms) of the test products
annually, manufactured at the following Chobani facilities: 3450
Kimberly Rd. East, Twin Falls, ID 83301; and 669 County Rd. 25, New
Berlin, NY 13411. The new expiration date of the permit will be either
the effective date of a final rule amending the standard of identity
for yogurt 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, consistent with 21 CFR 130.17(i), we invite interested
persons to participate in the market test under the conditions of
Chobani's permit. Under 21 CFR 130.17(i), any person who wishes to
participate in the extended market test must notify FDA of their intent
to participate. The notification must indicate the products to be
tested, provide the area of distribution and amount of product to be
distributed, and include the labeling that will be used for the test
product. We request that a draft label for each test product and each
brand of product be submitted. 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. Interested persons should
submit their notifications to the Branch Chief, Product Evaluation
Labeling Branch, Division of Food Labeling and Standards, Office of
Nutrition and Food Labeling, Nutrition Center of Excellence, Human
Foods Program, via <a href="/cdn-cgi/l/email-protection#c88e8c898ea7a7acbb98baa7afbaa9a59c859888aeaca9e6a0a0bbe6afa7be"><span class="__cf_email__" data-cfemail="6f292b2e2900000b1c3f1d00081d0e023b223f2f090b0e4107071c41080019">[email protected]</span></a>.
Dated: June 13, 2025.
Grace R. Graham
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-11208 Filed 6-17-25; 8:45 am]
BILLING CODE 4164-01-P
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