In some cases, foods will still be subject to a June 18 compliance date, but in other cases, the deadline has been pushed back one to two years.
The Food and Drug Administration is postponing the compliance dates for removing partially hydrogenated oils from foods, the agency said.
In cases of “non-petitioned uses” of those ingredients included in foods manufactured before June 18, the compliance date is deferred to Jan. 1, 2020.
The compliance date for manufacturing of foods containing “petitioned uses” of those ingredients is postponed to June 18, 2019.
The compliance date for both “petitioned” and “non-petitioned” uses had been set for June 18 of this year.
The FDA has denied a petition by the Grocery Manufacturers Association (GMA) seeking approval for certain uses of partially hydrogenated oils in or on select foods that was initially filed on Oct. 1, 2015, and refiled on March 7, 2017, the agency said.
Imports are subject to the compliance requirements of the FDA’s June 17, 2015, final determination that there’s no longer a consensus among qualified experts that partially hydrogenated oils are generally recognized as safe for use in any human food.
“Trade associations … have informed us that, due to shelf lives ranging from three to 24 months, a variety of products containing non-petitioned uses of [partially hydrogenated oils] will be in distribution on, and for some time after, the compliance date in the final order,” the FDA said. “In addition, the trade associations have informed us that, if we deny the food additive petition, they will need additional time beyond June 18, 2018, to remove and replace the petitioned uses and deplete the product in distribution.”
Food manufactured “with the petitioned uses” after June 18, may be subject to FDA enforcement action, the agency said.
GMA petitioned for these uses of partially hydrogenated oils:
• Partially hydrogenated oils, or a blend of partially hydrogenated oils, used as a solvent or carrier, or a component thereof, for flavoring agents, flavor enhancers and coloring agents intended for food use, provided the PHOs in the solvent or carrier contribute no more than 150 parts per million (ppm) (150 milligrams per kilogram (mg/kg)) industrially produced trans fatty acids to the finished food as consumed;
• Partially hydrogenated oils, or a blend of partially hydrogenated oils, used as a processing aid, or a component thereof, provided the partially hydrogenated oils in the processing aid contribute no more than 50 ppm (50 mg/kg) industrially produced trans fatty acids to the finished food as consumed; and
• Partially hydrogenated oils, or a blend of partially hydrogenated oils, used as a pan release agent for baked goods at levels up to 0.2 grams/100 grams (0.2 g/100 g) in pan release spray oils, provided the partially hydrogenated oil contributes no more than 0.14 g industrially produced trans fatty acid per 100 g spray oil.
FDA moves hydrogenated oils dates to back burner
