G/TBT/N/USA/446/Add.4  
 
17 April 2023  
(23-2714) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  17 April 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  International Dairy Foods Association (IDFA): Response to the Objections and Requests for a 
Public Hearing on the Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and 
Amend the Standard for Yogurt  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[X] Notified measure published - date: 14 April 2023  
[X] Notified measure enters into force - date: 15 May 2023; effective 14 April 2023. The 
administrative stay is lifted 14 April 2023. The compliance date is 15 May 2023 . 
[X] Text of final measure available from1:  
https://www.govinfo.gov/content/pkg/FR -2023-04-14/html/2023 -07723.htm  
https://www.govinfo.gov/content/pkg/FR -2023-04-14/pdf/2023 -07723.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/final_measure/23_9018_00_
e.pdf 
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
Final order; response to objections and denial of public hearing requests; removal of 
administrative stay; final amendment. Submission of objections and requests for a 
hearing on new provisions added by this response to IDFA objections will be accepted 
until 11:59 p.m. Eastern Time at the end of 15 May 2023.  
 
Description:  AGENCY: Food and Drug Administration (FDA), U.S. Department of Health and Human 
Services (HHS)  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/446/Add.4  
 
- 2 - 
 
  SUMMARY: The Food and Drug Administration (FDA or we) published a final rule entitled "Milk and 
Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogur t and 
Nonfat Yogurt and To Amend the Standard for Yogurt," on 11 June 2021 ( the 2021 final rule ; notified 
in G/TBT/N/USA/446/Add.1 ). The International Dairy Foods Association (IDFA) objected to the final 
rule's provision that yogurt have either a titratable acidity of not less than 0.7 percen t, expressed 
as lactic acid, or a pH of 4.6 or lower before the addition of bulky flavoring ingredients. We are 
denying IDFA's request for a public hearing with respect to this objection and are issuing a final 
order to modify the final rule's provision wi th respect to both pH and titratable acidity.  
DATES: This order is effective 14 April 2023. The administrative stay is lifted 14 April 2023. The 
compliance date is 15 May 2023.  
WTO Members and their stakeholders are asked to submit objections and requests for a hearing on 
new provisions added by this response to IDFA's objections to the USA TBT Enquiry Point . Comments 
received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared 
with th e regulator and will also be submitted to the Docket  on Regulations.gov  if received by or 
before 4:00pm Eastern Time  on 15 May 2023.  
This order and previous actions notified under the symbol G/TBT/N/USA/446  are identified by Docket 
Number FDA -2000-P-0126. The Docket Folder is available on Regulations.gov  at 
https:/ /www.regulations.gov/docket/FDA -2000-P-0126/document  and provides access to primary 
and supporting documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Dock et Number.  
Code of Federal Regulations (CFR) Title 21 Part 131 . 
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