U.S. Food and Drug Administration: FDA Updates September 2023

FDA Completes Final Administrative Actions on Partially Hydrogenated Oils in Foods

The U.S. Food and Drug Administration is issuing a direct final rule to complete administrative actions that reflect the agency’s June 2015 final determination that the use of partially hydrogenated oils (PHOs) in foods is no longer Generally Recognized as Safe (GRAS). In the 2015 final determination, the FDA indicated that there were outdated references to PHOs in regulations that the FDA would address separately. With respect to removing PHOs from the food supply, the FDA established January 1, 2021, as the final compliance date to allow manufacturers time to reformulate foods and ensure an orderly transition in the marketplace.

The FDA’s actions regarding PHOs address artificial sources of trans fat, but trans fat will not be completely removed from the food supply because it occurs naturally in meat and dairy products and is present at very low levels in other edible oils.

The direct final rule:

Revises regulations to no longer include PHOs as an optional ingredient in the standards of identity for peanut butter and canned tuna.
Revises FDA GRAS affirmation regulations to no longer include partially hydrogenated forms of menhaden and rapeseed oils.
Revokes the regulation for partially hydrogenated fish oil as an indirect food substance.
Revokes pre-1958 authorization for using PHOs in margarine, shortening, and bread, rolls and buns. This authorization occurred before the enactment of the Food Additives Amendment of 1958 so these uses of PHOs could not be regulated as food additives.

Dietitian Licensure Compact

About: The Council of State Governments (CSG) is partnering with the Department of Defense (DoD) and The Academy of Nutrition and Dietetics (AND) to support the mobility of licensed dietitians through the development of a new interstate compact. This additional licensing pathway will facilitate multistate practice among member states and reduce the barriers to license portability. For more information on the Academy’s licensure efforts, click here.

Current Status: A draft of the Dietitian Licensure Compact is now available for review and public comment. This draft is not intended to be used for legislative drafting purposes. A final draft of the compact for legislative enactment is expected to be available prior to the 2024 legislative session.