Recently, cheese makers have raised concerns that the Food & Drug Administration is applying safety criteria that may, in effect, limit the production of cheese made from raw milk without demonstrably benefitting public health.

“We understand the concerns expressed by some cheese makers, as well as lawmakers, and intend to engage in a scientific dialogue on these issues,” FDA said.

The agency said its role in this area, and with respect to food safety generally, is to work with the industry, consumers, government partners and experts to be sure the right science-based, prevention-oriented standards and safety criteria are in place and that there is widespread compliance in the interest of food safety and consumer confidence. Some question testing raw milk-based cheese for the presence of non-toxigenic Escherichia coli, which has long been used by FDA and other public health agencies in the U.S. and other countries to indicate fecal contamination. Specifically, the concerns include the application of the test results and the scientific foundation of these criteria.

FDA’s reason for testing cheese samples for non-toxigenic E. coli is that bacteria above a certain level could indicate unsanitary conditions in a processing plant. “Our surveillance sampling shows that the vast majority of domestic and imported raw milk cheeses are meeting the established criteria,” FDA said.

The agency said it will re-evaluate its criteria in the context of the overarching framework for the oversight of food production provided by the 2011 FDA Food Safety Modernization Act (FSMA). The Preventive Controls for Human Food rule mandated by FSMA, which was finalized in September, requires that food producers identify hazards in their product and operations and put controls in place to prevent or minimize those hazards.

“Looking ahead, with the FSMA preventive controls rule now final, we will be taking another look at what role non-toxigenic E. coli should have in identifying and preventing insanitary conditions and food safety hazards for both domestic and foreign cheese producers,” FDA said.

FDA will also consider and update, as appropriate, the 2010 "Compliance Policy Guide," which outlines safety criteria. Any changes will be informed by our engagement with stakeholders and experts on such issues as the use of a single bacterial criterion for both pasteurized and raw milk cheese and the use of non-toxigenic E. coli as an indicator organism.

The agency said it will continue to inspect cheese-making facilities and test for pathogens in domestic and imported cheese, but in the meantime, FDA is in the process of pausing its testing program for non-toxigenic E. coli in cheese. FDA said it will also continue working with all stakeholders to benefit from their expertise about safe cheese-making practices and achieve the mutual goal of food safety.