[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1803 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1803
To amend the Federal Food, Drug, and Cosmetic Act to define the term
natural cheese.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2023
Mr. Gallagher (for himself, Mr. Costa, Mr. Grothman, Ms. Craig, Mr.
Panetta, Mr. Fitzgerald, and Mr. Steil) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to define the term
natural cheese.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Codifying Useful Regulatory
Definitions Act'' or the ``CURD Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There is a need to define the term ``natural cheese''
in order to maintain transparency and consistency for consumers
so that they may differentiate ``natural cheese'' from
``process cheese''.
(2) The term ``natural cheese'' has been used within the
cheese making industry for more than 50 years and is well-
established.
SEC. 3. DEFINITION OF NATURAL CHEESE.
(a) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss)(1) The term `natural cheese' means cheese that is a ripened
or unripened soft, semi-soft, or hard product, which may be coated,
that is produced--
``(A) by--
``(i) coagulating wholly or partly the protein of
milk, skimmed milk, partly skimmed milk, cream, whey
cream, or buttermilk, or any combination of such
ingredients, through the action of rennet or other
suitable coagulating agents, and by partially draining
the whey resulting from the coagulation, while
respecting the principle that cheese-making results in
a concentration of milk protein (in particular, the
casein portion), and that consequently, the protein
content of the cheese will be distinctly higher than
the protein level of the blend of the above milk
materials from which the cheese was made; or
``(ii) processing techniques involving coagulation
of the protein of milk or products obtained from milk
to produce an end-product with similar physical,
chemical, and organoleptic characteristics as the
product described in subclause (i); and
``(iii) including the addition of safe and suitable
non-milk derived ingredients of the type permitted in
the standards of identity described in clause (B) as
natural cheese; or
``(B) in accordance with standards of identity under part
133 of title 21, Code of Federal Regulations (or any successor
regulations), other than the standards described in
subparagraph (2) or any future standards adopted by the
Secretary in accordance with subparagraph (2)(I).
``(2) Such term does not include--
``(A) pasteurized process cheeses as defined in section
133.169, 133.170, or 133.171 of title 21, Code of Federal
Regulations (or any successor regulations);
``(B) pasteurized process cheese foods as defined in
section 133.173 or 133.174 of title 21, Code of Federal
Regulations (or any successor regulations);
``(C) pasteurized cheese spreads as defined in section
133.175, 133.176, or 133.178 of title 21, Code of Federal
Regulations (or any successor regulations);
``(D) pasteurized process cheese spreads as defined in
section 133.179 or 133.180 of title 21, Code of Federal
Regulations (or any successor regulations);
``(E) pasteurized blended cheeses as defined in section
133.167 or 133.168 of title 21, Code of Federal Regulations (or
any successor regulations);
``(F) any products comparable to any product described in
any of clauses (A) through (E);
``(G) cold pack cheeses as defined in section 133.123,
133.124, or 133.125 title 21, Code of Federal Regulations (or
any successor regulations);
``(H) grated American cheese food as defined in section
133.147 of title 21, Code of Federal Regulations (or any
successor regulations); or
``(I) any other product the Secretary may designate as a
process cheese.
``(3) For purposes of this paragraph, the term `milk' has the
meaning given such term in section 133.3 of title 21, Code of Federal
Regulations (or any successor regulations) and includes the lacteal
secretions from animals other than cows.''.
(b) Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343) is amended by adding at the end the following:
``(z) If its label or labeling includes the term `natural cheese'
as a factual descriptor of a category of cheese unless the food meets
the definition of natural cheese under section 201(ss), except that
nothing in this paragraph shall prohibit the use of the term `natural'
or `all-natural', or a similar claim or statement with respect to a
food in a manner that is consistent with regulations, guidance, or
policy statements issued by the Secretary.''.
(c) National Uniformity.--Section 403A(a)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking
``or 403(x)'' and inserting ``403(x), or 403(z)''.
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