About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-335722 Nov 17, 2023 1 (2023-11-17)

handle is hein.gao/gaopmq0001 and id is 1 raw text is: G $ U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335722 November 17, 2023 The Honorable Bernard Sanders Chairman The Honorable Bill Cassidy Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Cathy McMorris Rodgers Chair The Honorable Frank Pallone, Jr. Ranking Member Committee on Energy and Commerce House of Representatives Subject: Department of Health and Human Services, Food and Drug Administration: Revocation of Uses of Partially Hydrogenated Oils in Foods Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Health and Human Services, Food and Drug Administration (FDA) titled Revocation of Uses of Partially Hydrogenated Oils in Foods (RIN: 0910-A115). We received the rule on October 31, 2023. It was published in the Federal Register as a direct final rule on August 9, 2023. 88 Fed. Reg. 53764. The stated effective date is December 22, 2023. According to FDA, it is amending its regulations that provide for the use of partially hydrogenated oils (PHOs) in food in light of its determination that PHOs are no longer generally recognized as safe (GRAS). FDA stated that the rule removes PHOs as an optional ingredient in the standards of identity for peanut butter and canned tuna. FDA also stated that it is revising its regulations affirming food substances as GRAS pertaining to menhaden oil and rapeseed oil to no longer include partially hydrogenated forms of these oils and deletes the regulation affirming hydrogenated fish oil as GRAS as an indirect food substance. FDA stated further that they are also revoking prior sanctions (i.e., pre-1958 authorization of certain uses) for the use of PHOs in margarine, shortening, and bread, rolls, and buns based on its conclusion that these uses of PHOs may be injurious to health. Finally, FDA stated that it is issuing these amendments directly as a final rule because they are noncontroversial given the public health risks associated with PHOs and the increasing use of PHO alternatives, and it anticipates no significant adverse comments because PHOs were declared no longer GRAS for any use in human food in 2015. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). This direct final rule was published in the Federal

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most