On December 18, 2020, FDA published a proposed rule to revoke the standard of identity and the standard of quality for frozen cherry pie. The standards of identity and quality for frozen cherry pie are found at 21 CFR § 152.126 and require, in relevant part, that the cherries comprise not less than 25% of the pie’s weight and that not more than 15% of the cherries be blemished. The proposed rule would revoke 21 CFR part 152 in its entirety, as the standards for frozen cherry pie are the part’s only contents.

FDA’s action regarding this standard of identity was prompted by a 2005 citizen petition from the American Bakers Association (ABA) that claimed that the only purpose of the regulations was to establish a standard of quality, not identity, for frozen cherry pies. The petition also noted that other fruit pies, frozen or not, including non-frozen cherry pies, do not have standards of identity or quality, and there was no evidence of public confusion with nonstandardized fruit pies. FDA agreed with these conclusions in its proposed rule, “tentatively conclud[ing]” that the frozen cherry pie standards of identity and quality are not necessary for honesty and fair dealing in the marketplace. However, FDA disagreed with a stronger stance in the petition that stated all food quality standards were unnecessary because manufacturers and consumer spending choices sufficiently regulate food quality.

FDA has planned to revoke the frozen cherry pie and French salad dressing standards of identity for some time and included these goals its Unified Agendas in 2018 and 2019. Comments on the proposed rule are due by March 18, 2021.