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This final rule amends the standard for yogurt and revokes the standards for lowfat and nonfat yogurt. It modernizes the standard to allow for technological advances, to preserve the basic nature and essential characteristics of yogurt, and to promote honesty and fair dealing in the interest of consumers.

Section, 701(e)(1), of the Federal Food, Drug, and Cosmetic Act identifies that specific decisions such as the definitions and standards of identity for dairy products are to be promulgated under formal rulemaking provisions of 5 U.S.C. 556 and 557.  Section 3(d) of Executive Order 12866 defines regulation to exclude regulations or rules issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556 and 557; accordingly, this final rule is not subject to the requirements of Executive Order 12866.  Notwithstanding this exclusion, and our standard practice not to include formal rulemaking in the Unified Agenda, we have decided to include this particular rule in the Unified Agenda in order to highlight our de-regulatory work in this space.