Kimchi — the Acidity Trap
Mistaking an FCE/SID Requirement
Situation
A manufacturer had supplied the same kimchi to the same buyer for years. The buyer ordered a new 'spicy kimchi' item — the same napa kimchi with a small amount of apple cider vinegar added for a new menu item. The manufacturer judged it as 'just a minor tweak to an existing recipe' and shipped a 20-foot container using its existing FFR only.
Problem
Naturally fermented kimchi isn't subject to FCE/SID, but the moment apple cider vinegar was added, the product became one where an external acid adjusts the pH — triggering Acidified Food requirements. FDA asked whether FCE registration was needed, and the shipment sat at port during the review.
Timeline
- Day 1 — Cargo arrives. Prior Notice is fine, but FDA requests FCE/SID confirmation
- Day 3 — Manufacturer contacted, responds: 'We didn't know adding vinegar required FCE'
- Day 7 — Review requested from a Process Authority, pH analysis begins
- Day 14 — Analysis results and FDA discussion conclude FCE/SID registration is required
- Day 21 — Cargo cleared, 3-week delay
Losses
3 weeks of accumulated storage/demurrageBuyer late-delivery penaltyProcess Authority review costSubsequent FCE registration cost
📌 Change an ingredient and you've changed the product. The regulatory review has to start over from scratch.