Cheese With Olive Oil? FDA Lets Bongards Keep Testing Its Rule-Bending Slices
Published Date: 6/18/2025
Notice
Summary
The FDA is letting Bongards' Creameries keep testing a special cheese that uses extra virgin olive oil to stop slices from sticking, even though it breaks the usual cheese rules. They've updated the permit to focus on one type of cheese and extended the testing period while they gather feedback and decide if the cheese rules should change. Other cheese makers can join in, and the permit lasts until a final decision is made or 30 days after a denial.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Permit extended to allow up to 20 million pounds
The FDA extended Bongards' permit to allow temporary marketing of a maximum of 20 million pounds (9.09 million kilograms) of pasteurized process cheese made with extra virgin olive oil as the slice anti-sticking agent. The permit now expires on either the effective date of a final rule adopting the petition or 30 days after denial of the petition.
Permit narrowed to one cheese standard
The FDA amended Bongards' temporary permit so it may market test products that deviate only from the pasteurized process cheese standard at 21 CFR 133.169. This change follows Bongards' October 14, 2024 request to limit the permit to that single standard.
Other firms invited to join market test
The FDA invites other companies to participate in the extended market test under the same permit conditions. Interested persons must notify FDA of their intent and provide the products to be tested, area of distribution, amount to be distributed, and draft labels.
Test products must carry nutrition and ingredient labels
Products in the market test must use labeling that includes nutrition information in accordance with 21 CFR 101.9 and must declare all ingredients as required by 21 CFR part 101. You may see pasteurized process cheese slices made with extra virgin olive oil available during the test period under these labeling rules.
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