FDA kicks the can down the road on citrus grower aid

Florida citrus growers are expected to harvest nearly 20 million boxes of oranges this year.

Florida’s citrus growers watched Tuesday’s Energy and Commerce Subcommittee hearing on Capitol Hill in hopes there would be some good news for the industry. But the U.S. Food and Drug Administration (FDA) did what they do best: kick the can down the road.

On the agenda was HR 1750, the Defending Domestic Orange Juice Production Act of 2023, which is sponsored by U.S. Rep. Scott Franklin. U.S. Reps. Gus Bilirakis, Kat Cammack, Kathy Castor and Darren Soto are also co-sponsors, along with other Florida delegation members.

This legislation would require orange juice to contain at least 10% by weight of orange juice soluble solids, a small reduction from the current standard which is 10.5%, but an important change to support Florida’s citrus growers.

Due to challenges impacting the citrus industry, the natural sugars in American orange juice are slightly lower than they once were. It is necessary to adjust the national standard, known as Brix, to reflect the current circumstances. Florida Citrus Mutual and Florida Department of Citrus filed a petition with the FDA two years ago to request this change, and the proposed rule has received a flood of positive comments and endorsements. Yet the FDA has failed to act.

While the proposed rule dies a slow death, Florida’s citrus industry is at risk of doing the same. Without changes to the Brix level, Florida will have to import greater volumes of foreign orange juice just to meet the domestic juice standards. The simple change by the FDA to Brix levels would alleviate that pressure and bolster Florida citrus.

Florida lawmakers filed HR 1750 to urge the FDA to act. Earlier this Summer, at a hearing of the Agriculture Appropriations Committee, the FDA acknowledged the importance of changing the BRIX level.

“For our growers who are struggling … if the Brix levels are not reduced, Florida may be in a position where it can no longer provide orange juice,” Franklin said.

“We’re fully aware that this is not the growers’ fault. Changes in the environment have led to changes in the content,” acknowledged FD Commissioner Robert Califf. “We’re going to get it done.”

But months later, the FDA has nothing to show for this commitment.

At this week’s hearing, Cammack pressed the issue.

“(FDA) has had a petition since July of 2022, and it has received only positive comments, and still we don’t have any action,” Cammack said. “It can’t be that difficult.”

“I did not come up with the schedule for rulemaking,” said Jim Jones, Deputy Commissioner for Human Foods at FDA. “It’s under active development.”

At the conclusion of Cammack’s time, FDA committed to provide an updated timeline on Monday.

So with the can effectively kicked down the road, Florida citrus growers continue to wait.