Frozen Cherry Pie Finally Freed of FDA Regulation

On March 14 ("Pi Day," of course), the FDA announced that "standards of identity and quality" for frozen cherry pies that were implemented in 1971 were revoked as of April 15. These standards of identity mandated how many cherries needed to be in frozen cherry pies (25 percent by weight) and how blemished they were permitted to be (only 15 percent) in order to be included in these pies.

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What made these standards unusual, even taking into account the reams of FDA regulations that exist, is that these regulations applied only to cherry pies, and specifically to frozen cherry pies. Fresh cherry pies did not have to meet these standards. Frozen apple pies did not have to meet these standards. Only these pies did. ...

The FDA explained when it announced the change was finally coming:

No standards of identity and quality exist for any other types of frozen fruit pies, or for any non-frozen fruit pies, including non-frozen cherry pie. 

Ed Morrissey

Even if you think this kind of regulation serves a purpose, you'd have a tough time explaining why it only serves a purpose when it comes to cherries -- and only in frozen pies. I suspect that someone engaged in rent-seeking behavior back in 1971 and it took 50 years to evict it, so to speak. 

This is yet another tasty example (heh) of why we need to dismantle the regulatory state and force Congress to pass legislation directly. 

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