200 C Street, S.W.
Washington, DC 20204
March 10, 1995
TO: All Regional Food and Drug Directors
Attn: Regional Milk Specialists
FROM: Milk Safety Branch (HFS-626)
SUBJECT: Consolidated Flavor System for Using Water as a Liquefying Agent.
FDA has reached conclusion with respect to the long standing issue about Consolidated Flavor's system for using water as the liquefying agent in a chocolate syrup/slurry for producing Grade "A" chocolate whole milk, chocolate lowfat milk and chocolate skim milk. Consolidated Flavor Corporation was advised of this decision in letters of February 24 and March 3, 1995. Copies of those letters were distributed to all FDA Milk Specialists for further distribution to state rating and regulatory agencies.
Because of outstanding contracts and label supplies, FDA does not intend to take enforcement action against the current products while adjustments are being made. FDA expects that all adjustments will be made by Consolidated Flavors and users of their products no later than July 31, 1995. This does not preclude state enforcement of any state or local laws.
In order to effect a smooth transition the following guidance is provided:
- State milk sanitation ratings and FDA check ratings prior to August 1, 1995 will not debit when Consolidated Flavors system is used to produce Grade "A" chocolate milks. A record of such finding shall be noted in the report.
- Dairy processing plants found to be employing this flavoring system at the time of ratings or check ratings shall be advised of the FDA decision in the letters of February 24 and March 3, 1995.
- State regulatory agencies may choose to require processing plants to implement adjustments prior to August 1, 1995, but we are not asking them to do so.
- The August 1, 1995 implementation time shall apply to all chocolate milks using Consolidated Flavors system.
- Any conflicting information given to regulatory officials or processing plants has been superseded by the February 24 and March 3, 1995 letters.
Copies of this memorandum are enclosed for distribution to State Milk Sanitation Regulatory Agencies, State Milk Sanitation Rating Officers, State Sampling Surveillance Officers, State Laboratory Evaluation Officers, and FDA District Milk Specialists in your region.
This clarification has been reviewed and concurred by ORO/ORA.
If there are any questions concerning the letters or this clarification please call me at (202)-205-9175.
Joseph M. Smucker
Milk Safety Branch
Center for Food Safety
and Applied Nutrition