The federal Food and Drug Administration is bowing to cheesemakers who claim that in applying a standard for non-toxigenic E. coli in cheese that they claim is arbitrary and unscientific, the agency could be, in effect, limiting the production of raw milk cheeses without demonstrably benefiting public health.

“In response, we want to first acknowledge our respect for the work of the artisan cheesemakers who produce a wide variety of flavorful, high-quality cheeses using raw milk and our appreciation for the great care that many take to produce raw milk cheeses safely. We understand the concerns expressed by some cheesemakers, as well as lawmakers, and intend to engage in a scientific dialogue on these issues,” read’s the FDA’s statement announcing the change, issued on February 8.

The FDA has been testing raw milk cheeses for the presence of non-toxigenic E. coli because that’s been thought to indicate fecal contamination. The FDA says that the bacterium is used as an indicator of fecal contamination by other public health agencies in the U.S. and other countries as well as by the FDA. “The 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,” the FDA says.

FDA recently sampled and collected data on 1,200 imported and 400 domestic raw milk cheeses, according to the American Cheese Society. The FDA notes that the sampling it has conducted to date shows that the “vast majority of domestic and imported raw milk cheeses” are meeting the FDA’s criteria.

The FDA will also hold a listening session later this week in Washington, D.C. to hear directly from ACS raw milk cheesemakers. ACS President, Dick Roe, and ACS Executive Director, Nora Weiser, will be joined by seven raw milk cheesemakers from around the country, who will share their stories and speak to the impact of raw milk cheese regulatory changes on their businesses. The seven cheesemakers who will be addressing the FDA include: 

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Looking ahead, with the FSMA preventive controls rule now final, the FDA plans to take 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. Changes in the safety criteria the FDA is using will consider what the cheesemakers and other experts have to say about 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.