The regulatory landscape is constantly evolving, with new policies and proposals shaking up the expectations for food companies on a regular basis. Keeping up with these changes can be a challenge, but our regulatory experts have got you covered. In this blog, Ashley Brooks, our Regulatory & Compliance Manager and expert in all-things regulatory, provides an overview of some of the latest updates in the regulatory world.
FDA Proposes Changes to the Definition of “Healthy”
The FDA recently released a proposed rule to update the definition of the nutrient content claim “healthy” for food products. The revised definition for “healthy” includes meeting dietary guidelines and adhering to specific limits of certain nutrients such as saturated fat, sodium, and added sugars. The proposed rule also adds recordkeeping requirements for “healthy” claims as well as consideration for the use of a graphic on the label (symbol). As of September 29th, the proposed rule is open for a 90-day comment period. Once the comment period concludes, the FDA will review the comments and may open a second comment period or publish the final requirements. At this time, no immediate action is required for existing products labeled as “healthy.”
California Prop 65: New Modification of Proposed Acrylamide Regulation
On October 6th, 2022, California’s Proposition 65 (Prop 65), proposed new changes to the proposed acrylamide regulation for foods. The modifications to the proposed rule have narrowed the scope to acrylamide only, instead of having all listed chemicals formed during heating or cooking process covered. If adopted, the regulation could alter the warning requirements for acrylamide formed by the cooking or heat processing of foods.
New Law Requires Declaration of Sesame on Food Labels by 2023
Are you ready? The Food Allergy Safety, Treatment, Education and Research (FASTER) Act passed in 2021 designated sesame as the ninth major food allergen. The first eight major allergen categories are peanuts, tree nuts, fish, crustacean shellfish, soybean, milk, eggs, and wheat. Because the FASTER Act adds sesame as a major allergen, it means that sesame will be subject to FD&C Act requirements for major food allergens, including labeling disclosure, cGMPs, and preventive controls requirements for allergen control. The FASTER Act has an effective date of January 1, 2023.
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