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USA Regulatory Guide: Trans-Fatty Acids Compliance and Limits

Written by SGS Digicomply Editorial Team | Nov 1, 2024 11:15:00 AM

Trans-fatty acids (TFAs) have been a focal point in food safety regulation due to their impact on public health. Trans fats are unsaturated fatty acids that have at least one double bond in the trans configuration. They can be either naturally occurring, found in small amounts in meat and dairy products, or artificially produced through the partial hydrogenation of vegetable oils, leading to what is commonly known as partially hydrogenated oils (PHOs).

The U.S. Food and Drug Administration (FDA) has played a crucial role in regulating the use of trans-fatty acids in the food industry, particularly concerning the artificial sources found in PHOs. The regulatory framework established by the FDA aims to mitigate the risks associated with trans fats and ensure the safety of the food supply.

FDA’s Final Determination on Partially Hydrogenated Oils (PHOs)

In June 2015, the FDA made a landmark decision, determining that PHOs are no longer "Generally Recognized as Safe" (GRAS) for use in food. This determination marked a significant shift in food safety policy, reflecting growing scientific evidence linking artificial trans fats to adverse health effects, such as increased risk of coronary heart disease.

The FDA’s final determination required food manufacturers to remove PHOs from their products by January 1, 2021. This compliance date was set to allow manufacturers sufficient time to reformulate their products and ensure a smooth transition in the marketplace. The FDA’s decision was aimed at protecting public health while providing the food industry with a clear timeline for compliance.

Key Regulatory Changes and Implications

To implement the removal of PHOs, the FDA issued a direct final rule that revised several key regulations:

  1. Revised Standards of Identity: The FDA updated the standards of identity for certain food products, such as peanut butter and canned tuna, to no longer include PHOs as an optional ingredient. This revision reflects the broader effort to eliminate artificial trans fats from processed foods.

  2. GRAS Affirmation Regulations: The FDA also revised its GRAS affirmation regulations, removing partially hydrogenated forms of specific oils, such as menhaden and rapeseed oils, from the list of substances recognized as safe. This action further solidifies the agency’s stance against the use of PHOs in the food supply.

  3. Revocation of Pre-1958 Authorizations: Prior to the Food Additives Amendment of 1958, certain uses of PHOs in products like margarine, shortening, and bread had been authorized. The FDA’s direct final rule revoked these authorizations, effectively closing a regulatory loophole that allowed the continued use of PHOs in these products.

  4. Labeling Requirements: The FDA’s regulations stipulate that trans fat content must be declared on food labels. However, if a product contains less than 0.5 grams of total fat per serving and makes no claims about fat content, the trans fat content declaration is not required. This nuance in labeling ensures that consumers are informed about trans fat levels in their food while recognizing that some products may contain trace amounts that are not significant.

Natural Occurrence of Trans Fats

While the FDA’s regulations have successfully targeted artificial trans fats, it is important to note that trans fats are not completely eliminated from the food supply. Naturally occurring trans fats are found in small quantities in meat and dairy products. Additionally, very low levels of trans fats may be present in certain edible oils that have not undergone hydrogenation.

The presence of naturally occurring trans fats does not pose the same level of health risk as artificial trans fats. Nonetheless, the FDA continues to monitor and regulate these substances to ensure that their levels remain within safe limits.

Conclusion

The FDA’s regulatory actions concerning trans-fatty acids represent a significant advancement in public health policy. By eliminating PHOs from the food supply, the FDA has reduced the population’s exposure to harmful artificial trans fats, contributing to the prevention of heart disease and other health issues associated with trans fat consumption.

Food manufacturers must remain vigilant in their compliance with these regulations, ensuring that their products meet the FDA’s standards. This ongoing commitment to food safety is essential in maintaining consumer trust and protecting public health in the United States.

For more detailed inquiries, stakeholders can reach out directly to the FDA or utilize the SGS Digicomply platform for comprehensive insights and updates. Feel free to get in touch now to learn about implementing the Regulatory Intelligence Hub for your company. Or explore the demo and try Regulatory Guides in action.

Access to the Most Comprehensive United States of America Food Regulatory Guide

The SGS Digicomply Food Regulatory Guide for the United States of America includes:

  • Market Introduction
  • Competent Authorities
  • General Food Law: This includes general food safety laws, novel foods and introduction of new ingredients, e-commerce specific regulations, food operator registration requirements and control, food registration requirements, and dietary supplements and botanicals.
  • Food Additives: This includes processing aids, permitted food additives, permitted flavourings, and use of foods as food additives.
  • Labeling Requirements: This includes labeling of finished products, food product claims, labeling for food service and vending machines, labeling of samples not for sale, Halal, Kosher, vegan and vegetarian foods, and labeling of GMOs and bioengineered foods.
  • Pesticides & Contaminants – Maximum Residue Levels: This includes pesticides, microbiological and safety requirements, veterinary drugs, trans-fatty acids, substances specifically not permitted for use in foodstuff, heavy metals, GMOs processes and procedures, and unclassified contaminants.
  • Packaging and Packaging Sustainability: This includes finished products, packaging food process additives, packaging made of recycled materials (rPET and other recycled materials), and packaging claims. It also covers industry associations and NGO standards for packaging materials and recycling, government pre-approval requirements, packaging-related sustainable/environmentally friendly design, and food contact regulations such as single-use plastics.
  • Import / Export Requirements: This includes requirements for foods import, trade agreements, and manufacturing intermediates (B2B).
  • Product & Material Standards/Requirements: This includes fruits and vegetables, sweeteners including honey, bakery wares, meat substitutes, plant and novel proteins, prepared foods, fats and oils and fat emulsions, edible ices, beverages, ready-to-eat savories, confectionery, dairy products and analogues, cereals and cereal products, eggs and egg products, fish and fish products, meat and meat products, pet food/feed, livestock feed, nutritional uses and specific diets, and spices and other condiments.

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