U. S. Food and Drug Administration
Center for Food Safety and Applied Nutrition
FDA Prime Connection

M-I-95-4 - Consolidated Flavor Sys. for Using Water as a Liquefying Agent
 
 
HHS;PHS;FDA;CFSAN;OC;DCP;MSB
                                                200 `C' Street, S.W.
                                                Washington, DC 20204
 
                                                M-I-95-4
 
                                                March 10, 1995
 
To:         All Regional Food and Drug Directors
            ATTN: Regional Milk Specialists
 
FROM:       Milk Safety Branch (HFS-626)
 
SUBJECT:    Consolidated Flavor System for Using Water as a
            Liquefying Agent.
 
FDA has reached conclusion with respect to the long standing issue about
Consolidated Flavor's system for using water as the liquefying agent in a
chocolate syrup/slurry for producing Grade "A" chocolate whole milk,
chocolate lowfat milk and chocolate skim milk.  Consolidated Flavor Corporation
was advised of this decision in letters of February 24 and March 3, 1995.
Copies of those letters were distributed to all FDA Milk Specialists for
further distribution to state rating and regulatory agencies.
 
Because of outstanding contracts and label supplies, FDA does not intend to
take enforcement action against the current products while adjustments are
being made.  FDA expects that all adjustments will be made by Consolidated
Flavors and users of their products no later than July 31, 1995.   This does
not preclude state enforcement of any state or local laws.
 
In order to effect a smooth transition the following guidance is provided:
 
      1. State milk sanitation ratings and FDA check ratings prior to August 1,
      1995 will not debit when Consolidated Flavors system is used to produce
      Grade "A" chocolate milks.  A record of such finding shall be noted in
      the report.
 
      2. Dairy processing plants found to be employing this flavoring system at
      the time of ratings or check ratings shall be advised of the FDA decision
      in the letters of February 24 and March 3, 1995.
 
      3. State regulatory agencies may choose to require processing plants to
      implement adjustments prior to August 1, 1995, but we are not asking them
      to do so.
 
      4. The August 1, 1995 implementation time shall apply to all chocolate
      milks using Consolidated Flavors system.
 
      5. Any conflicting information given to regulatory officials or processing
      plants has been superceded by the February 24 and March 3, 1995 letters.
 
Copies of this memorandum are enclosed for distribution to State Milk Sanitation
Regulatory Agencies, State Milk Sanitation Rating Officers, State Sampling
Surveillance Officers, State Laboratory Evaluation Officers, and FDA District
Milk Specialists in your region.
 
This clarification has been reviewed and concurred by ORO/ORA.
 
If there are any questions concerning the letters or this clarification please
call me at (202)-205-9175.
 
 
                                     Joseph M. Smucker
                                     Acting Chief,
                                     Milk Safety Branch
                                     Center for Food Safety
                                       and Applied Nutrition