G/TBT/N/USA/1680  
21 December 2020  
(20-9215) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   Food and Drug Administration (FDA), Department of Health and 
Human Services (HHS) [1709]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Frozen 
cherry pie; Prepackaged and prepared foods (ICS 67.230)  
5. Title, number of pages and language(s) of the notified document:  Frozen Cherry 
Pie; Proposed Revocation of a Standard of Identity and a Standard of Quality (5 page(s), 
in English)  
6. Desc ription of content:  Proposed rule - The Food and Drug Administration (FDA or we) 
proposes to revoke the standard of identity and the standard of quality for frozen cherry 
pie. This action, in part, responds to a citizen petition submitted by the American B akers 
Association (ABA). We tentatively conclude that these standards are no longer necessary 
to promote honesty and fair dealing in the interest of consumers. We also tentatively 
conclude that revoking the standards of identity and quality for frozen cher ry pie would 
provide greater flexibility in the product's manufacture, consistent with comparable, 
nonstandardized foods available in the marketplace.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Cost saving and pr oductivity enhancement  G/TBT/N/USA/1680  
 
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  8. Relevant documents:   
85 Federal Register (FR) 82395, 18 December 2020; Title 21 Code of Federal 
Regulations (CFR) Part 152:  
https://www.govinfo.gov/content/pkg/FR -2020-12-18/html/2020 -27823.htm  
https://www.govinfo.gov/content/pkg/FR -2020-12-18/pdf/2020 -27823.pdf  
This Proposed Rule is identified by Docket Number FDA -2020-N-1690. The Docket Folder 
is available on Regulations.gov at https://www.regulations.gov/docket?D=FDA -2020-N-
1690 and provides access to primary documents as well as comments received. 
Documents are also accessible from Regulations.gov  by searching the Docket Number. 
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders will be shared with  the regulator and will also be submitted to the 
Docket  on Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 March 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2020/TBT/USA/20_7839_00_e.pdf