ANSWERS 11/09/1995 FDA PROPOSES LABELING REFORM FOR DAIRY FOODS

T95-60                                       Brad Stone
Nov. 9, 1995                                 (202) 205-4144


         FDA PROPOSES LABELING REFORM FOR DAIRY FOODS

     FDA is proposing to place "lowfat" and other nutrient
content claims used for milk and dairy products under the same
labeling rules that apply to nearly all other foods.  This action
aims at reforming outdated regulations and promoting greater
consistency in food labeling standards.
     The proposed regulation would remove the standards of
identity mandated for many dairy products -- some dating back to
the 1940s.  These standards established minimum levels and
maximum levels of milkfat in these dairy products, and set
particular definitions for terms like "lowfat milk," "nonfat
yogurt" and "skim milk."
     In some cases, definitions for "lowfat" and "nonfat" in
dairy products differ considerably from those established for
nearly all other foods by the Nutrition Labeling and Education
Act of 1990 (NLEA).  For example, since most milk products have
been exempt from NLEA's nutrient claims definitions, a milk
product labeled as "lowfat" contains 2% milkfat -- a fat level
far in excess of the standard applied to all other "lowfat"
foods.
                             -more-

                                      Page 2, T95-60, Milk
     Under the proposed regulation, NLEA definitions would cover
nutrient claims made for milk and dairy products.  Thus "lowfat"
milk would have to meet the same standards as other "low fat"
foods -- less than 3 grams of fat per serving. 
     The proposal would also allow the term "skim" to be used as
a synonym for "nonfat" or "fat free" milk products -- in
recognition of the public's longstanding perception of what these
terms mean.
     The proposed regulation responds to citizen petitions
submitted to the agency in May and August 1995 by a consumer
organization and several dairy industry groups.  These petitions
stressed that repealing the standards of identity would help end
consumer confusion over disparities in the use of nutrient
content claims in the labeling of dairy products and other foods,
and would promote a movement toward consuming healthier dairy
products.
     Some of the petitioners also argued that the standards of
identity were an impediment to introducing lower fat dairy
products to the market.  They argued that regulatory reform would
spur greater innovation in the food industry.  
     FDA will accept comments on the proposed regulation for 75
days following its publication in the Federal Register.  Written
comments may be submitted to:

                         FDA Dockets Management Branch
                         Food and Drug Administration
                         Rm. 1-23
                         12420 Parklawn Drive 
                         Rockville, MD  20857       

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