← REGULATORY CHANGES
FEDERAL REGISTER · RULEAugust 9, 2023IN FORCE

Revocation of Uses of Partially Hydrogenated Oils in Foods

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Document details are published in the U.S. Federal Register; SPEQ surfaces them for reference and is not affiliated with or endorsed by the FDA or the Office of the Federal Register. The authoritative text is on federalregister.gov.

STATUSIN FORCE
EFFECTIVEDec 22, 2023
COMMENTS CLOSEOct 23, 2023 · closed
APPLIES TO · SPEQ TAGFood
Document type
Rule
Agency
Health and Human Services Department
Published
August 9, 2023
Effective
December 22, 2023
Comments close
October 23, 2023
Document number
2023-16725
CFR references
21 CFR 161, 21 CFR 164, 21 CFR 184, 21 CFR 186
Docket
FDA-2019-N-4750
RIN
0910-AI15
ABSTRACT

The Food and Drug Administration (FDA or we) is amending our regulations that provide for the use of partially hydrogenated oils (PHOs) in food in light of our determination that PHOs are no longer generally recognized as safe (GRAS). The rule removes PHOs as an optional ingredient in the standards of identity for peanut butter and canned tuna. It revises FDA's regulations affirming food substances as GRAS pertaining to menhaden oil and rapeseed oil to no longer include partially hydrogenated forms of these oils, and deletes the regulation affirming hydrogenated fish oil as GRAS as an indirect food substance. We are also revoking prior sanctions (i.e., pre-1958 authorization of certain uses) for the use of PHOs in margarine, shortening, and bread, rolls, and buns based on our conclusion that these uses of PHOs may be injurious to health. We are issuing these amendments directly as a final rule because they are noncontroversial given the public health risks associated with PHOs and the increasing use of PHO alternatives, and we anticipate no significant adverse comments because PHOs were declared no longer GRAS for any use in human food in 2015.

Abstract as published in the Federal Register.

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