Food Industry Regulatory Update January 28, 2025
In This Week’s Edition:
- FDA Revokes Use of Red No. 3
- FDA Publishes Proposed Mandatory Front-of-Pack Labeling Rule
- Color Certification Reports
- Dairy Grading Plant Records To Include Grade Label Butterfat Testing
- Poultry Grower Payment Systems and Capital Improvement Systems; Final Rule
- Fair and Competitive Livestock and Poultry Markets; Withdrawal of Proposed Rulemaking
- Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Rhizomes of Wasabi from Indonesia Into the U.S.
- Vanillin From China: Preliminary Affirmative Determination of Sales at Less Than Fair Value
- Summer Food Service Program; 2025 Reimbursement Rates
- Chile to Participate in eCert of Eligible Imported Products
- FDA CORE Outbreak Investigation Status Update
- FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
- FDA Import Alerts
- FDA Warning Letters
FDA Revokes Use of Red No. 3
The FDA is revoking the authorization for the use of FD&C Red No. 3 as a matter of law, based on the Delaney Clause of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The FDA is amending its color additive regulations to no longer allow for the use of FD&C Red No. 3 in food and ingested drugs in response to a 2022 color additive petition. Manufacturers who use FD&C Red No. 3 in food and ingested drugs will have until January 15, 2027 or January 18, 2028, respectively, to reformulate their products. Other countries still currently allow for certain uses of FD&C Red No. 3 (called erythrosine in other countries). However, foods imported to the U.S. must comply with U.S. requirements.
FDA Publishes Proposed Front-of-Pack Labeling Rule
FDA proposes to require front-of-package nutrition labels on most foods that must bear a Nutrition Facts label. This action, if finalized, would require the display of a compact informational box containing information on saturated fat, sodium and added sugars and their levels in food (low, med, high).
Color Certification Reports
Color Certification is a Congressionally mandated program for certifiable color additives that are added to foods, drugs, cosmetics, and certain medical devices in the United States. The color certification report for the first quarter, October 1 to December 31, 2024, has been made available here.
Dairy Grading Plant Records To Include Grade Label Butterfat Testing
This final rule adopts amendments to the plant records requirement for the AMS Dairy Grading and Inspection Program. The amendments allow butterfat tests to be performed at an in-house or approved third party laboratory and add a requirement for plants to maintain and make such records available for examination by a USDA inspector. These amendments increase efficiency by conforming to current industry practice. The amendments will provide plants an alternative to butterfat testing administered by a USDA inspector and allow in-plant quality control testing to satisfy butterfat testing requirements. This final rule authorizes a review of a plant’s testing records performed by AMS as an alternative to testing performed by a USDA inspector at the time of grading. USDA states a records review of a plant’s routine testing rather than a single-point test provides a more accurate picture of whether the plant’s butter products meet quality standards.
Poultry Grower Payment Systems and Capital Improvement Systems; Final Rule
This final rule by the USDA AMS amends the Agency’s regulations under the Packers and Stockyards Act, 1921. The Act protects fair trade, financial integrity, and competitive markets for poultry. The final rule prohibits certain payment practices under poultry grower ranking systems (commonly known as tournaments) in contract poultry production for broiler chickens, requires live poultry dealers (LPDs) to adopt policies and procedures for operating a fair ranking system for broiler growers, and requires LPDs to provide certain information to broiler growers when the LPD requests or requires the grower to make additional capital investments. These regulations will increase transparency and address deception and unfairness in broiler grower payments, tournament operations, and capital improvement systems.
Fair and Competitive Livestock and Poultry Markets; Withdrawal of Proposed Rulemaking
USDA AMS is withdrawing a notice of proposed rulemaking, the “Fair and Competitive Livestock and Poultry Markets” proposed rule.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Rhizomes of Wasabi from Indonesia Into the U.S.
USDA is advising the public that they have prepared a pest risk analysis that evaluates the risks associated with the importation of fresh rhizomes of wasabi, Eutrema japonicum (Miq.) Koidz. (Brassicaceae), for consumption from Indonesia into the United States. Based on the analysis, USDA has determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh rhizomes of wasabi from Indonesia into the United States.
Vanillin From China: Preliminary Affirmative Determination of Sales at Less Than Fair Value
The U.S. Department of Commerce preliminarily determines that vanillin from the People’s Republic of China is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is October 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination.
FNS Summer Food Service Program; 2025 Reimbursement Rates
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act.
Chile to Participate in eCert of Eligible Imported Products
Beginning March 31, 2025, Chile will send electronic certification (eCert) data to FSIS for Chilean products eligible for U.S. import under FSIS jurisdiction. Once import eCert is implemented, FSIS will no longer require paper inspection certificates issued by Chile for Chilean imports. Import data from eCert will be received directly in FSIS’ Public Health Information System (PHIS), advancing the agency’s goals of modernizing and digitizing certification processes wherever possible.
FDA CORE Outbreak Investigation Status Update
This week’s updates are:
- A new outbreak of Listeria monocytogenes (ref #1285) linked to a not yet identified product has been added to the table. FDA has initiated traceback.
- For the outbreak of Listeria monocytogenes (ref #1281) linked to a not yet identified product, the case count has increased from 31 to 32 cases.
FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
FDA Import Alerts
The latest FDA import alerts include food products that appear to be adulterated for economic gain, food products that appear to be misbranded, and more.
FDA Food Industry Warning Letters
| By George Food Specialties Inc. |
| Foreign Supplier Verification Program (FSVP) |