Today, the FDA published a notice of a stay of the effectiveness of certain provisions of the June 11, 2021 yogurt standard of identity final rule. As our readers know, the final rule amended the definition and standard of identity for yogurt and revoked the definitions and standards for lowfat yogurt and nonfat yogurt.

Pursuant to section 701(e) of the Federal Food, Drug, and Cosmetic Act, the 2021 final rule notified persons who would be adversely affected by the rule and allowed such persons to file an objection and request a hearing. The objection must specify which provisions of the 2021 final rule are objectionable, state the grounds therefor, and request a public hearing upon such objection. Section 701(e)(2) provides that, until final action is taken by the Secretary, the filing of objections stays the effectiveness of the provisions to which the objections are made.

The International Dairy Foods Association (IDFA) and Chobani filed objections to the final rule. For example, among other objections, IDFA objected to the requirement that yogurt, before the addition of flavoring ingredients, has either a titratable acidity of not less than 0.7 percent, expressed as lactic acid, or a pH of 4.6 or lower. This provision of the final rule is stayed and no minimum titratable acidity requirement or maximum pH requirement is in effect. Similarly, Chobani objected to the exclusion of ultrafiltered milk from the basic dairy ingredients in 21 CFR 113.200(b). Thus, the provision is stayed insofar as it prohibits the use of ultrafiltered milk. A full list of objections is included in the notice.