Notice2025-11209
Cheese 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 an amendment to the temporary permit issued to Bongards' Creameries to market test pasteurized process cheese deviating from the standard of identity for these cheeses by using extra virgin olive oil as the slice anti-sticking agent. We are also announcing an extension to this permit, which allows Bongards' Creameries to continue to evaluate commercial viability of the product and to collect data on consumer acceptance of the product in support of a petition to amend the standard of identity. We 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 26055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11209]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2024-N-0730]
Cheese 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 an
amendment to the temporary permit issued to Bongards' Creameries to
market test pasteurized process cheese deviating from the standard of
identity for these cheeses by using extra virgin olive oil as the slice
anti-sticking agent. We are also announcing an extension to this
permit, which allows Bongards' Creameries to continue to evaluate
commercial viability of the product and to collect data on consumer
acceptance of the product in support of a petition to amend the
standard of identity. We 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, Product Evaluation
Labeling Branch, Division of Food Labeling and Standards, Office of
Nutrition and Food Labeling, Nutrition Center of Excellence, Human
Foods Program, Food and Drug Administration, 5001 Campus Dr., College
Park, MD 20740, 240-402-2371, <a href="/cdn-cgi/l/email-protection#9fd9dbded9f0f0fbeccfedf0f8edfef2cbd2cfdff9fbfeb1f7f7ecb1f8f0e9"><span class="__cf_email__" data-cfemail="387e7c797e57575c4b684a575f4a59556c7568785e5c591650504b165f574e">[email protected]</span></a>, 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 April 28, 2023
(88 FR 26322), we issued a temporary permit to Bongards' Creameries, to
market test products deviating from the standards of identity for
cheeses and cheese products under 21 CFR 133.167, 133.169, 133.170,
133.171, 133.173, 133.174, 133.175, 133.179, and 133.180. The permit
allowed Bongards' Creameries to use extra virgin olive oil as the slice
anti-sticking agent in these cheeses and cheese products, which is not
permitted under their standards of identity.
On October 14, 2024, Bongards' Creameries requested that its permit
be amended to list 21 CFR 133.169 as the applicable standard of
identity from which its products may deviate. Such action would remove
all other standards of identity from the permit. Accordingly,
consistent with 21 CFR 130.17(f), we are amending the temporary permit
issued to Bongards' Creameries to provide that it may test market
products that deviate from the standard of identity for pasteurized
process cheese under 21 CFR 133.169. All other terms and conditions of
this permit remain the same.
In addition, we are announcing the extension of this permit in
accordance with 21 CFR 130.17(i). On March 18, 2024, Bongards'
Creameries submitted a request to extend the temporary permit. On this
same date, Bongards' Creameries submitted a citizen petition (Docket
No. FDA-2024-P-1570) requesting that we amend multiple standards of
identity for cheeses and cheese products. On October 17, 2024,
Bongards' Creameries submitted an amended citizen petition (Docket No.
FDA-2024-P-1570), requesting that we amend the standard of identity for
pasteurized process cheese at 21 CFR 133.169 to include extra virgin
olive oil as a slice anti-sticking agent in the manufacture of such
food.
We find that it is in the interest of consumers to extend the
permit for continued market testing 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 20 million pounds (9.09 million
kilograms) of pasteurized process cheese made with olive oil as the
slice anti-sticking agent. The new expiration date of the permit will
be either the effective date of a final rule on the proposal in 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
Bongards' Creameries' 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#52141613143d3d362102203d3520333f061f02123436337c3a3a217c353d24"><span class="__cf_email__" data-cfemail="da9c9e9b9cb5b5bea98aa8b5bda8bbb78e978a9abcbebbf4b2b2a9f4bdb5ac">[email protected]</span></a>.
Dated: June 13, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-11209 Filed 6-17-25; 8:45 am]
BILLING CODE 4164-01-P
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