ADPI Petitions FDA to allow UF Milk in Cheesemaking

By Kate Sander, Chief Editor, Cheese Market News

CHICAGO — The Cheese Division of the American Dairy Products Institute (ADPI) has filed a citizen petition with FDA requesting that fluid ultrafiltered (UF) milk be included in the definition of milk used in the manufacture of cheese.

Currently, FDA regulations — 21 CFR Part 133.3(a) — allow for the use of milk (whole or from which fat has been separated), concentrated milk, reconstituted milk and dry whole milk in cheesemaking. The regulations also permit the addition of water to reconstitute concentrated and dry forms of milk.

ADPI has proposed to add: "Milk may be subjected to an ultrafiltration process that results in a fluid ultrafiltered (UF) milk." In its petition, ADPI describes fluid UF milk as resulting from "a technological advancement of the traditional clarification and concentration processes that already are permitted under existing cheese standards for processing milk."

Further, ADPI notes that the permitted use of fluid UF milk in the manufacture of cheese would assist in the more efficient movement of milk from areas of the country with an excess of fluid milk to those areas with an insufficient supply. These increased efficiencies will result in benefits to consumers without alteration of cheese composition, characteristics or flavor that they have come to expect in cheeses governed by standards, ADPI adds.

In addition, Dr. Warren Clark, executive director, ADPI, tells Cheese Market News that the use of the term "fluid UF milk" also is noteworthy because a concern about adding UF milk to the standard has been the potential for dry, imported products to displace domestic products. Specifying the word "fluid" should resolve that problem, he believes.

ADPI's petition follows a letter from FDA in October that told USDA officials that it was allowing the conditional use of UF milk in cheese for six months, pending receipt of a citizen petition for a change to the standard. Earlier in the year, USDA had raised the concern that many cheese plants were using UF milk but that UF milk wasn't included as an approved ingredient for standardized cheeses. While cheese standards are FDA standards and are enforced by that agency, USDA publishes a list of approved dairy plants, and USDA officials believe that people who use the list have a reasonable expectation that the plants listed are making products that meet the standard. Thus, USDA had raised the question about UF milk, going so far as to temporarily remove a plant from the approved list for using UF milk. Following that, USDA then agreed to not take further unfavorable action based on the timely submission of a citizen petition and FDA allocating resources to respond to the petition.

ADPI isn't the only dairy organization planning a petition, either. The International Dairy Foods Association (IDFA) also is in the process of drafting one. Dr. Gordon Brown, senior vice president, scientific and regulatory affairs, IDFA, says IDFA wants to put forward a petition that provides for technical innovation and at this point is still working on the details of what that includes. Dry UF products are still being considered for inclusion, he adds. However, IDFA is working with the National Milk Producers Federation (NMPF) on the petition, and NMPF has expressed concerns about including dry UF products. Brown expresses hope that the two organizations will come to an agreement for a co-signed petition.

For its part, NMPF is fully supportive of ADPI's petition, says Dr. Rob Byrne, vice president, regulatory affairs, NMPF, but plans to keep working with IDFA on a petition that both organizations find acceptable. CMN

Other top stories in this week's issue of Cheese Market News:
• Continued low prices expected during first part of new year
• Stalemate in Seattle leaves unanswered questions for ag
• Producer groups ask CDFA for Class 1 hearing

For more information or to subscribe, click to Cheese Market News.