Frozen Cherry Pie; Proposed Revocation of a Standard of Identity and a Standard of Quality (Proposed Rule) Preliminary Regulatory Impact Analysis (PRIA)

The Food and Drug Administration (FDA or we) proposes to revoke the standard of identity and the standard of quality for frozen cherry pie.  This action, in part, responds to a citizen petition submitted by the American Bakers Association (ABA).  We tentatively conclude that these standards are no longer necessary to promote honesty and fair dealing in the interest of consumers.  We also tentatively conclude that revoking the standards of identity and quality for frozen cherry pie would provide greater flexibility in the product’s manufacture, consistent with comparable, nonstandardized foods available in the marketplace. 

The proposed rule would affect manufacturers of frozen cherry pie and would not require firms within the frozen cherry pie industry to change their manufacturing practices.  Our analysis of current food manufacturing practices and the proposal to revoke the standards indicate that the proposed rule would provide benefits in terms of additional flexibility and the opportunity for innovation to the manufacturers.  Therefore, we tentatively conclude that the proposed rule to revoke the standards for frozen cherry pie would, if finalized, provide social benefits at no cost to the respective industries.

Regulatory Impact Analysis

Frozen Cherry Pies PRIA (PDF – 196 KB)
Materials Underlying Frozen Cherry Pie PRIA (PDF-97 KB)

Federal Register: 85 FR 82395, December 18, 2020

Docket: FDA-2020-N-1690