Monday, July 21, 2025

FDA to Revoke 52 Food Product SOIs (Standard of Identity)

FDA announced that it plans to revoke 52 obsolete food standards, or Standards of Identity (SOI) of the more than 250 that exist.  According to FDA, "The FDA’s Standards of Identity efforts have helped ensure uniformity, boost consumer confidence and prevent food fraud. But many of these standards have outlived their usefulness and may even stifle innovation in making food easier to produce or providing consumers healthier choices."

The list of items are provided below.  The only one I saw of interest to me was removal of the standard for raw, lightly breaded shrimp.  While it was removed, the standard for raw breaded shrimp remains.  The difference is that with lightly breaded shrimp, the shrimp constitutes 65% of the product whereas with raw breaded shrimp, the standard is that the product is comprised of at least 50% shrimp with the rest breading.  

https://www.fda.gov/news-events/press-announcements/fda-revoke-52-obsolete-standards-identity-food-products
FDA to Revoke 52 Obsolete Standards of Identity for Food Products
Today’s action builds on Trump Administration’s deregulatory initiative.

For Immediate Release:
July 16, 2025

The U.S. Food and Drug Administration today announced it is revoking, or proposing to revoke, 52 food standards after concluding they are obsolete and unnecessary. The 52 standards are for canned fruits and vegetables, dairy products, baked goods, macaroni products and other foods.

Today’s actions are the first results from the agency’s ongoing analysis of its portfolio of over 250 food Standards of Identity (SOI) to make sure they are useful, relevant and serve consumers in the best possible way. The removal of these standards is in alignment with broader efforts to ensure that HHS is directing resources to where they’re most needed – delivering better outcomes for the American people.

“I’m eliminating outdated food regulations that no longer serve the interests of American families,” said HHS Secretary Robert F. Kennedy Jr. “Today marks a crucial step in my drive to cut through bureaucratic red tape, increase transparency and remove regulations that have outlived their purpose.”

The FDA began establishing food standards in 1939 to promote “honesty and fair dealing” and to ensure that the characteristics, ingredients and production processes of specific foods were consistent with what consumers expect. However, advances in food science, agriculture and production practices, and additional consumer protections have made many of these older, rigid “recipe standards” unnecessary.

“The FDA’s Standards of Identity efforts have helped ensure uniformity, boost consumer confidence and prevent food fraud. But many of these standards have outlived their usefulness and may even stifle innovation in making food easier to produce or providing consumers healthier choices,” said FDA Commissioner Marty Makary, M.D., M.P.H. “Antiquated food standards are no longer serving to protect consumers. It is common sense to revoke them and move to a more judicious use of food standards and agency resources.”

Today’s actions include publication of the following:

A direct final rule revoking standards for 11 types of canned fruits and vegetables that are no longer sold in U.S. grocery stores, including seven standards for fruits artificially sweetened with saccharin or sodium saccharin. The agency is issuing a companion proposed rule in the same issue of the Federal Register in case the direct final rule is withdrawn because significant adverse comments are received, and the agency needs to move forward with a proposed rule to put these changes in place.

A proposed rule that would revoke standards for 18 types of dairy products – including certain milk and cream products, cheeses and related cheese products and frozen desserts.

A proposed rule that would revoke standards for 23 types of food products –including bakery products, macaroni and noodle products, canned fruit juices, fish and shellfish, and food dressings and flavorings.

Many of the standards listed in the two proposed rules predate more recent consumer protections such as requirements about ingredient safety, ingredient labeling, food packaging, safe food production and manufacturing practices and nutrition labeling information and claims.

On May 13, HHS and FDA issued a Request for Information to identify and eliminate outdated or unnecessary regulations. This initiative supports a broader federal effort to reduce regulatory burdens and increase transparency, in alignment with President Trump’s Executive Order 14192 “Unleashing Prosperity Through Deregulation.”

It
Part 131 – Milk and Cream  

131.111  Acidified milk
131.162  Acidified sour cream  

Part 133 – Cheeses and Related Cheese Products  

133.111  Caciocavallo siciliano cheese  
133.116  Low sodium cheddar cheese
133.121  Low sodium colby cheese
133.125  Cold-pack cheese food with fruits, vegetables, or meats  
133.127  Cook cheese, koch kaese  
133.134  Cream cheese with other foods  
133.140  Gammelost cheese  
133.154  High-moisture jack cheese  
133.164  Nuworld cheese.  
133.168  Pasteurized blended cheese with fruits, vegetables, or meats  
133.170  Pasteurized process cheese with fruits, vegetables, or meats  
133.174  Pasteurized process cheese food with fruits, vegetables, or meats  
133.185  Samsoe cheese  
133.186  Sap sago cheese  

Part 135 – Frozen Desserts

135.115  Goat’s Milk Ice Cream
135.130  Mellorine
Part 136 – Bakery Products

136.130  Milk bread, rolls, and buns

Part 139 – Macaroni and Noodle Products

139.117  Enriched macaroni products with fortified protein
139.120  Milk macaroni products
139.121  Nonfat milk macaroni products
139.122  Enriched nonfat milk macaroni products
139.140  Wheat and soy macaroni products
139.160  Vegetable noodle products
139.165  Enriched vegetable noodle products
139.180  Wheat and soy noodle products

Part 145 – Canned Fruits  

145.116  Artificially sweetened canned apricots  
145.126   Artificially sweetened canned cherries  
145.131  Artificially sweetened canned figs  
145.134  Canned preserved figs  
145.136  Artificially sweetened canned fruit cocktail  
145.140   Canned seedless grapes  
145.171  Artificially sweetened canned peaches  
145.176   Artificially sweetened canned pears  
145.181   Artificially sweetened canned pineapple  

Part 146 – Canned Fruit Juices  

146.121 Frozen concentrate for artificially sweetened lemonade
146.126 Frozen concentrate for colored lemonade
146.137 Frozen orange juice  
146.148 Reduced acid frozen concentrated orange juice
146.150 Canned concentrated orange juice
146.151 Orange juice for manufacturing
146.152 Orange juice with preservative
146.153 Concentrated orange juice for further manufacturing
146.154 Concentrated orange juice with preservative

Part 155 – Canned Vegetables  

155.131   Canned field corn  
155.172  Canned dry peas  

Part 161 – Fish and Shellfish

161.136  Olympia oysters
161.176  Frozen raw lightly breaded shrimp

Part 169 – Food Dressings and Flavorings  

169.180  Vanilla-vanillin extract
169.181  Vanilla-vanillin flavoring
169.182  Vanilla-vanillin powder




§ 161.176 Frozen raw lightly breaded shrimp.

Frozen raw lightly breaded shrimp complies with the provisions of § 161.175, except that it contains not less than 65 percent of shrimp material, as determined by the method prescribed in § 161.175 (g) or (h), as appropriate, and that in the name prescribed the word “lightly” immediately precedes the words “breaded shrimp”.

§ 161.175 Frozen raw breaded shrimp.

(a) Frozen raw breaded shrimp is the food prepared by coating one of the optional forms of shrimp specified in paragraph (c) of this section with safe and suitable batter and breading ingredients as provided in paragraph (d) of this section. The food is frozen.

(b) The food tests not less than 50 percent of shrimp material as determined by the method prescribed in paragraph (g) of this section, except that if the shrimp are composite units the method prescribed in paragraph (h) of this section is used.

(c) The term shrimp means the tail portion of properly prepared shrimp of commercial species. Except for composite units, each shrimp unit is individually coated. The optional forms of shrimp are:

(1) Fantail or butterfly: Prepared by splitting the shrimp; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached.

(2) Butterfly, tail off: Prepared by splitting the shrimp; tail fins and all shell segments are removed.

(3) Round: Round shrimp, not split; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached.

(4) Round, tail off: Round shrimp, not split; tail fins and all shell segments are removed.

(5) Pieces: Each unit consists of a piece or a part of a shrimp; tail fins and all shell segments are removed.

(6) Composite units: Each unit consists of two or more whole shrimp or pieces of shrimp, or both, formed and pressed into composite units prior to coating; tail fins and all shell segments are removed; large composite units, prior to coating, may be cut into smaller units.

(d) The batter and breading ingredients referred to in paragraph (a) of this section are the fluid constituents and the solid constituents of the coating around the shrimp. These ingredients consist of suitable substances which are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act; or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act. Batter and breading ingredients that perform a useful function are regarded as suitable, except that artificial flavorings, artificial sweeteners, artificial colors, and chemical preservatives, other than those provided for in this paragraph, are not suitable ingredients of frozen raw breaded shrimp. Chemical preservatives that are suitable are:

(1) Ascorbic acid, which may be used in a quantity sufficient to retard development of dark spots on the shrimp; and

(2) The antioxidant preservatives listed in subpart D of part 182 of this chapter that may be used to retard development of rancidity of the fat content of the food, in amounts within the limits prescribed by that section.

(e) The label shall name the food, as prepared from each of the optional forms of shrimp specified in paragraph (c) (1) to (6), inclusive, of this section, and following the numbered sequence of such subparagraph, as follows:

(1) “Breaded fantail shrimp.” The word “butterfly” may be used in lieu of “fantail” in the name.

(2) “Breaded butterfly shrimp, tail off.”

(3) “Breaded round shrimp.”

(4) “Breaded round shrimp, tail off.”

(5) “Breaded shrimp pieces.”

(6) Composite units:

(i) If the composite units are in a shape similar to that of breaded fish sticks the name is “Breaded shrimp sticks”; if they are in the shape of meat cutlets, the name is “Breaded shrimp cutlets”.

(ii) If prepared in a shape other than that of sticks or cutlets, the name is “Breaded shrimp ______”, the blank to be filled in with the word or phrase that accurately describes the shape, but which is not misleading.

In the case of the names specified in paragraphs (e) (1) through (5) of this section, the words in each name may be arranged in any order, provided they are so arranged as to be accurately descriptive of the food. The word “prawns” may be added in parentheses immediately after the word “shrimp” in the name of the food if the shrimp are of large size; for example, “Fantail breaded shrimp (prawns)”. If the shrimp are from a single geographical area, the adjectival designation of that area may appear as part of the name; for example, “Breaded Alaskan shrimp sticks”. 

(f) The names of the optional ingredients used, as provided for in paragraph (d) of this section, shall be listed on the principal display panel or panels of the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase. If a spice that also imparts color is used, it shall be designated as “spice and coloring”, unless the spice is designated by its specific name. If ascorbic acid is used to retard development of dark spots on the shrimp, it shall be designated as “Ascorbic acid added as a preservative” or “Ascorbic acid added to retard discoloration of shrimp”. If any other antioxidant preservative, as provided in paragraph (d) of this section, is used, such preservative shall be designated by its common name followed by the statement “Added as a preservative”.

(g) The method for determining percentage of shrimp material for those forms specified in paragraphs (c) (1) through (5) of this section is as follows:

(1) Equipment needed. 

(i) Two-gallon container, approximately 9 inches in diameter.

(ii) Two-vaned wooden paddle, each vane measuring approximately 13⁄4 inches by 33⁄4 inches.

(iii) Stirring device capable of rotating the wooden paddle at 120 r.p.m.

(iv) Balance accurate to 0.01 ounce (or 0.1 gram).

(v) U.S. Standard Sieve No. 20, 30.5 centimeter (12 inch) diameter. The sieves shall comply with the specifications for such cloth set forth in “Official Methods of Analysis of the Association of Official Analytical Chemists” (AOAC), 13th Ed. (1980), Table 1, “Nominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),” under the heading “Definitions of Terms and Explanatory Notes,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(vi) U.S. Standard sieve, 1⁄2-inch sieve opening, 12-inch diameter.

(vii) Forceps, blunt points.

(viii) Shallow baking pans.

(ix) Rubber-tipped glass stirring rod.

(2) Procedure. 

(i) Weigh the sample to be debreaded. Fill the container three-fourths full of water at 70°-80 °F. Suspend the paddle in the container, leaving a clearance of at least 5 inches below the paddle vanes, and adjust speed to 120 r.p.m. Add shrimp and stir for 10 minutes. Stack the sieves, the 1⁄2-inch mesh over the No. 20, and pour the contents of the container onto them. Set the sieves under a faucet, preferably with spray attached, and rinse shrimp with no rubbing of flesh, being careful to keep all rinsings over the sieves and not having the stream of water hit the shrimp on the sieve directly. Lay the shrimp out singly on the sieve as rinsed. Inspect each shrimp and use the rubber-tipped rod and the spray to remove the breading material that may remain on any of them, being careful to avoid undue pressure or rubbing, and return each shrimp to the sieve. Remove the top sieve and drain on a slope for 2 minutes, then remove the shrimp to weighing pan. Rinse contents of the No. 20 sieve onto a flat pan and collect any particles other than breading (i.e., flesh and tail fins) and add to shrimp on balance pan and weigh.

(ii) Calculate percent shrimp material:

Percent shrimp material = (Weight of debreaded sample) / (Weight of sample) × 100 + 2 

(h) The method for determining percentage of shrimp material for composite units, specified in paragraph (c)(6) of this section, is as follows:

(1) Equipment needed. 

(i) Water bath (for example a 3-liter to 4-liter beaker).

(ii) Balance accurate to 0.1 gram.

(iii) Clip tongs of wire, plastic, or glass.

(iv) Stop-watch or regular watch readable to a second.

(v) Paper towels.

(vi) Spatula, 4-inch blade with rounded tip.

(vii) Nut picker.

(viii) Thermometer (immersion type) accurate to ±2 °F.

(ix) Copper sulfate crystals (CuSo4·5H2O).

(2) Procedure. 

(i) Weigh all composite units in the sample while they are still hard frozen.

(ii) Place each composite unit individually in a water bath that is maintained at 63 °F-86 °F, and allow to remain until the breading becomes soft and can easily be removed from the still frozen shrimp material (between 10 seconds to 80 seconds for composite units held in storage at 0 °F). If the composite units were prepared using batters that are difficult to remove after one dipping, redip them for up to 5 seconds after the initial debreading and remove residual batter materials.

Note:

Several preliminary trials may be necessary to determine the exact dip time required for “debreading” the composite units in a sample. For these trials only, a saturated solution of copper sulfate (1 pound of copper sulfate in 2 liters of tap water) is necessary. The correct dip time is the minimum time of immersion in the copper sulfate solution required before the breading can easily be scraped off: Provided, That the “debreaded” units are still solidly frozen and only a slight trace of blue color is visible on the surface of the “debreaded” shrimp material.

(iii) Remove the unit from the bath; blot lightly with double thickness of paper toweling; and scrape off or pick out coating from the shrimp material with the spatula or nut picker.

(iv) Weigh all the “debreaded” shrimp material.

(v) Calculate the percentage of shrimp material in the sample, using the following formula:

Percent shrimp material = (Weight of debreaded shrimp sample) / Weight of sample × 100

(i) Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.

[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]

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