[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Page 26322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08962]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-2226]


Cheese Slice Products Deviating From Identity Standard; Temporary 
Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing 
that a temporary permit has been issued to Bongards Creameries (the 
applicant) to market test several pasteurized standardized cheeses that 
deviate from the standards of identity for cheese products. The 
temporary permit will allow the applicant to evaluate commercial 
viability of the products and to collect data on consumer acceptance of 
the products.

DATES: This permit is effective for 15 months, beginning on the date 
the applicant introduces or causes introduction of the test products 
into interstate commerce, but not later than July 27, 2023.

FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food 
Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 
5001 Campus Drive, College Park, MD 20740, 240-402-2371.

SUPPLEMENTARY INFORMATION: We are giving notice that we have issued a 
temporary permit to Bongards Creameries. We are issuing the temporary 
permit in accordance with 21 CFR 130.17, which addresses temporary 
permits for interstate shipments of experimental packs of food varying 
from the requirements of standards of identity issued under section 401 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341).
    The permit covers interstate marketing test of several pasteurized 
standardized cheeses. The test products deviate from the standards of 
identity for cheese products under 21 CFR 133.167, 133.169, 133.170, 
133.171, 133.173, 133.174, 133.175, 133.179, and 133.180. The permit 
would allow the manufacture of cheese products using extra virgin olive 
oil, which is not permitted under the standards of identity for these 
cheese products, as the slice anti-sticking agent. Consumers can 
distinguish this deviation in manufacturing from standardized cheese 
through the ingredient list, wherein the ``olive oil'' ingredient would 
be declared as such according to its common or usual name followed by a 
means (e.g., an asterisk and footnote) to indicate to the consumer that 
the ingredient is not found in regular cheese consistent with 21 CFR 
part 133.
    The purpose of the temporary permit is to allow the applicant to 
market test the products throughout the United States. The permit will 
allow the applicant to evaluate commercial viability of the products 
and to collect data on consumer acceptance of the products.
    The permit provides for the temporary marketing of a maximum of 20 
million pounds (9.09 million kilograms) of the test products. Bongards 
Creameries will manufacture the test products at its facilities located 
at 13200 County Rd. 51, Bongards, MN 55368, and 3001 Hwy. 45 Bypass W, 
Humboldt, TN 38343.
    Bongards Creameries will produce, market test, and distribute the 
test products in any combination of cheese slices including Pasteurized 
Process American, Cheddar, Pepper Jack, Swiss, Mozzarella, and 
Provolone, throughout the United States.
    Each ingredient used in the food must be declared on the labels as 
required by 21 CFR part 101. The permit is effective for 15 months, 
beginning on the date the applicant introduces or causes the 
introduction of the test products into interstate commerce, but not 
later than July 27, 2023.

    Dated: April 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-08962 Filed 4-27-23; 8:45 am]
BILLING CODE 4164-01-P