Fluid Milk Standards

Federal Import Milk Act Comments   
Read the comments NMPF sent to the FDA regarding FIMA requirements.

GPO Existing Fluid Milk Standards   
Read the Code of Federal Regulations existing fluid milk and cream standards

NMPF Asks FDA To Restrict Soy Beverage Labeling 
This is an excerpt of the trade complaint filed by NMPF with the FDA:

Dear Mr. Levitt:
The National Milk Producers Federation (NMPF) wishes to register a trade complaint concerning what we believe to be the rapidly expanding misuse of the name of a standardized food in the labeling of certain food products. In submitting this complaint, NMPF is requesting that FDA take appropriate enforcement action to prevent misbranded products from entering the marketplace and to promote honesty and fair dealing in the interest of consumers.

Recently, NMPF has observed a growing number of beverages on the store shelves in the Washington, DC area and elsewhere which we feel are misbranded. We have also received a number of trade complaints from our member cooperatives throughout the U.S. regarding these same types of products. The products referenced are various soy-based beverages which are inappropriately using the name of a standardized food (i.e., "milk") on the label for their products. The term "milk" is appearing not only in the name of the food, but also in the ingredient statement and supporting information on the label. On occasion, other cereal or grain-based (e.g., rice or oat) non-dairy beverages also use the term "milk" in their labeling, but our marketplace information has shown this practice is not as common within these segments as it is within the soy beverage industry.

Milk as a standardized food is very clearly described in the standard of identity under 21 CFR 131.110 (a) as follows:
Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in the final package form for beverage use shall have been pasteurized or ultrapasteurized, and shall contain not less than 8¼ percent milk solids not fat and not less than 3¼ percent milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may be homogenized.

In the view of NMPF, any product which uses the term "milk" as part of the name of the food on the label, therefore, must comply with the above standard of identity. Of course, the use of the term "milk" from non-bovine species is also well established and referenced in other standards of identity (e.g., goats milk ice cream). NMPF contends that this allowance for milk from non-bovine animals was never intended to include soy mixtures, it is merely recognition that other species of animals provide milk through lactation.

NMPF also recognizes that some products, such as coconut milk, have a well-established historical use of the term "milk" in their nomenclature. These products, however, do not attempt to directly compete with traditional fluid beverage milk (from milking animals) in the market place. Soy-based beverages, on the other hand, are attempting to directly compete with dairy products and are inappropriately taking advantage of the familiarity (and positive image) of dairy terminology in their labeling. In regard to ingredient labeling, FDA has provided for some grouping of dairy products for the purpose of labeling. These regulations are described in 21 CFR 101.4 (b) (4) as follows:

  • Milk, concentrated milk, reconstituted milk, and dry whole milk may be declared as "milk".
  • Consequently, NMPF would maintain that any product which is not milk as defined in 21 CFR 131.110 and which uses the term "milk" as an ingredient, therefore, must comply with the above ingredient declaration requirements. Since soy protein is not listed in the above regulation, it may not be declared as "milk" in the ingredient listing.
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