i- Last month FDA issued a final rule revoking the standard of identity (SOI) for frozen (and unbaked) cherry pie in 21 CFR 152.126. The final rule comes more than three years after FDA issued a proposed rule revoking the SOI in response to a citizen petition filed by the American Bakers Association.
- FDA’s authority to issue and/or revoke SOIs stems from Section 401 of the Federal Food, Drug, and Cosmetic Act (codified at 21 USC 341) which directs FDA to issue SOIs whenever “such action will promote honest and fair dealing.”
- FDA determined that the SOI for frozen cherry pie was no longer necessary to promote honest and fair dealing and that its revocation would provide flexibility to manufacturers. FDA also reasoned that frozen cherry pie was the only standardized pie, and there was no reason to single it out. Indeed, even non-frozen cherry pies and baked, frozen cherry pies are not subject to any SOI. It also noted that the SOI does not allow for the use of artificial sweeteners and that this restriction was inconsistent with consumer interest in reduced-sugar products.
- This action is part of FDA’s broader goal of updating SOIs to support innovation and production, including of healthier foods. Other current and proposed updates to SOIs can be found at FDA’s SOI webpage.
FDA Revokes Standard of Identity for Frozen Cherry Pie
Wednesday, April 3, 2024
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