The Food and Drug Administration (FDA) has issued a final rule that amends
its food additive regulations to allow hydrogen peroxide to be used as an
“antimicrobial agent in the manufacture of modified whey by ultrafiltration
methods.” Effective March 2, 2011, the rule responds to a petition filed by
Fonterra (USA) Inc. requesting the change as an alternative to “electrodialysis
methods” used in whey processing.

Hydrogen peroxide has been affirmed as generally recognized as safe (GRAS)
for human consumption when electrodialysis methods are used for whey
processing under certain conditions. After reviewing data on ultrafiltration
methods, FDA has determined that hydrogen peroxide “will achieve
its intended technical effect as an antimicrobial agent under the proposed
conditions of use.” FDA requests objections to the rule or requests for a
hearing by April 1. See Federal Register, March 2, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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