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  1. CFSAN Constituent Updates

FDA Proposes to Revoke Standard of Identity for Frozen Cherry Pie

Constituent Update

December 17, 2020

The U.S. Food and Drug Administration is proposing to revoke the definition and standards of identity and quality for frozen cherry pie. The standards do not appear necessary to ensure that these products meet consumer expectations, and the FDA has tentatively concluded that they are no longer necessary to promote honesty and fair dealing in the interest of consumers and may limit flexibility for innovation.

The proposal is part of the FDA’s Nutrition Innovation Strategy. One of the goals of the NIS is to modernize food standards to maintain the basic nature and nutritional integrity of products while allowing industry flexibility for innovation to produce more healthful foods. The FDA believes it is important to take a fresh look at existing standards of identity in light of marketing trends and the latest nutritional science.

Standards of identity are mandatory requirements related to the content and production of certain food products. Foods for which standards of identity have been established include bread, fruit jams, certain vegetable and fruit juices, and certain types of chocolate. The standard of identity for frozen cherry pie describes the food as unbaked and as being comprised of a filling of mature, pitted, stemmed cherries contained in a pastry shell, which is frozen. It can contain other optional ingredients, but artificial sweeteners are not permitted.  The standard of quality includes requirements for the cherries used in these pies, including amount and limitations on blemishes.

The action also responds to a citizen petition from the American Bakers Association.

Comments are due 90 days following publication in the Federal Register. Submit comments electronically to https://www.regulations.gov. Written comments should be addressed to Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

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