FSIS Removes Canned 'Tripe With Milk' Standard of Identity to Enhance Industry Flexibility

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced a significant deregulatory action, finalizing a rule to remove the standard of identity for canned "Tripe with Milk." Effective June 3, 2026, this decision allows manufacturers greater flexibility in formulating products containing tripe and milk, with FSIS asserting that existing general labeling regulations are sufficient to protect public health and prevent misbranding.

Background on the Standard

For years, federal regulations specified a precise standard of identity for canned "Tripe with Milk" under 9 CFR 319.308. This standard mandated that the finished canned product contain at least 65 percent tripe and no less than 10 percent milk. The Federal Meat Inspection Act (FMIA) grants the Secretary of Agriculture authority to prescribe standards of identity when necessary for public protection. However, the FSIS noted that the original justification for this particular formulation was absent, raising questions about its continued relevance and necessity in a modern food landscape.

The Path to Deregulation

FSIS initiated the process by publishing a proposed rule on June 30, 2025, titled "Removal of Standard of Identity for Canned `Tripe with Milk'." The agency invited public comments on the proposal. Three comments were received from individuals. One commenter generally opposed the standard, while another specifically challenged the proportions of milk and tripe, arguing they represented excessive government control and infringed on personal freedoms. A third commenter supported removal, emphasizing that proper labeling would suffice and that eliminating the ratio requirement could expand the market for tripe products and increase manufacturing flexibility.

After careful consideration of these public responses, FSIS decided to finalize the proposed rule without any modifications. The agency concluded that the standard of identity for canned "Tripe with Milk" had no defensible basis and was not essential for protecting consumers. The decision hinges on the principle that truthful and not misleading labeling, as required by 9 CFR 317.8, provides adequate consumer protection.

Broader Regulatory Context and Implications

This final rule is categorized as a non-significant regulatory action under Executive Order (E.O.) 12866, which guides regulatory review by the Office of Information and Regulatory Affairs. It also aligns with the principles of E.O. 13563, which promotes improvements in the regulatory system to enhance predictability and reduce uncertainty through less burdensome tools. Notably, this action is designated as a deregulatory measure under President Trump's E.O. 14192, "Unleashing Prosperity Through Deregulation." This executive order requires that new regulatory costs be offset by the elimination of existing costs from previous regulations, underscoring a federal policy trend toward reducing perceived regulatory burdens on businesses.

The removal of this standard is expected to primarily benefit food manufacturers. It grants them increased autonomy to innovate and create new formulations of tripe and milk products, potentially incorporating different ratios or additional ingredients, without being constrained by an arbitrary federal mandate. This flexibility could lead to a wider variety of products available to consumers. FSIS has certified that this rule will not have a significant economic impact on a substantial number of small entities, as it does not impose new requirements, restrict production, or mandate relabeling of existing products. Similarly, the agency found no tribal, federalism, paperwork, or environmental implications requiring further assessment.

For consumers, the impact is expected to be minimal regarding safety. FSIS maintains that the general labeling requirements will continue to ensure that product ingredients are accurately represented, thereby preventing misbranding. The agency's role remains centered on ensuring food products are safe, wholesome, and correctly labeled, irrespective of specific ingredient proportion mandates for certain niche products.