What This Bill Does
This bill adds an official definition of "natural cheese" to federal food and drug laws. Congress says this definition is needed so consumers can tell the difference between "natural cheese" and "process cheese" and understand what they are buying.
Who It Affects
Cheese makers and companies that sell cheese products to consumers. The U.S. Food and Drug Administration (the federal agency that regulates food).
Key Provisions
• Natural cheese is defined as ripened or unripened cheese in soft, semi-soft or hard forms that is made by coagulating (thickening) milk protein using rennet or similar coagulating agents and draining the resulting liquid, or by using processing techniques that create a similar product. The cheese can have a coating and can include safe non-milk ingredients allowed in federal cheese standards. (Sec. 3(a))
• Natural cheese does not include pasteurized process cheeses, pasteurized process cheese foods, pasteurized cheese spreads, pasteurized process cheese spreads, pasteurized blended cheeses, cold pack cheeses, grated American cheese food, or any other product the Secretary designates as process cheese. (Sec. 3(a))
• Products labeled with the term "natural cheese" must meet the bill's definition of natural cheese. This does not prevent companies from using the words "natural" or "all-natural" in other ways allowed by federal regulations. (Sec. 3(b))
• States cannot make their own conflicting rules about what "natural cheese" means. (Sec. 3(c))
What Changes
If this bill becomes law, the term "natural cheese" will have an official federal definition. Companies will have to follow this definition when labeling products as "natural cheese."
Important Definitions
• **Rennet**: An enzyme or substance used to thicken milk when making cheese.
• **Coagulate**: To cause a liquid to thicken or curdle.
• **Whey**: The liquid left behind after milk solids are separated during cheese making.
• **Casein**: A protein found in milk.
• **Milk**: Includes lacteal secretions (fluid released from mammary glands) from animals other than cows, defined in federal regulations.
• **Process cheese**: Any of several types of cheese made using special processing methods, specifically listed in the bill.
I
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Codifying Useful Regu-
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latory Definitions Act’’ or the ‘‘CURD Act’’.
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SEC. 2. FINDINGS.
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Congress finds as follows:
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(1) There is a need to define the term ‘‘natural
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cheese’’ in order to maintain transparency and con-
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•HR 1803 IH
sistency for consumers so that they may differen-
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tiate ‘‘natural cheese’’ from ‘‘process cheese’’.
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(2) The term ‘‘natural cheese’’ has been used
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within the cheese making industry for more than 50
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years and is well-established.
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SEC. 3. DEFINITION OF NATURAL CHEESE.
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(a) DEFINITION.—Section 201 of the Federal Food,
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Drug, and Cosmetic Act (21 U.S.C. 321) is amended by
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adding at the end the following:
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‘‘(ss)(1) The term ‘natural cheese’ means cheese that
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is a ripened or unripened soft, semi-soft, or hard product,
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which may be coated, that is produced—
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‘‘(A) by—
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‘‘(i) coagulating wholly or partly the pro-
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tein of milk, skimmed milk, partly skimmed
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milk, cream, whey cream, or buttermilk, or any
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combination of such ingredients, through the
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action of rennet or other suitable coagulating
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agents, and by partially draining the whey re-
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sulting from the coagulation, while respecting
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the principle that cheese-making results in a
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concentration of milk protein (in particular, the
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casein portion), and that consequently, the pro-
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tein content of the cheese will be distinctly
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higher than the protein level of the blend of the
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•HR 1803 IH
above milk materials from which the cheese was
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made; or
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‘‘(ii) processing techniques involving coagu-
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lation of the protein of milk or products ob-
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tained from milk to produce an end-product
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with similar physical, chemical, and organolep-
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tic characteristics as the product described in
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subclause (i); and
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‘‘(iii) including the addition of safe and
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suitable non-milk derived ingredients of the
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type permitted in the standards of identity de-
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scribed in clause (B) as natural cheese; or
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‘‘(B) in accordance with standards of identity
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under part 133 of title 21, Code of Federal Regula-
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tions (or any successor regulations), other than the
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standards described in subparagraph (2) or any fu-
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ture standards adopted by the Secretary in accord-
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ance with subparagraph (2)(I).
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‘‘(2) Such term does not include—
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‘‘(A) pasteurized process cheeses as defined in
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section 133.169, 133.170, or 133.171 of title 21,
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Code of Federal Regulations (or any successor regu-
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lations);
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‘‘(B) pasteurized process cheese foods as de-
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fined in section 133.173 or 133.174 of title 21, Code
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•HR 1803 IH
of Federal Regulations (or any successor regula-
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tions);
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‘‘(C) pasteurized cheese spreads as defined in
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section 133.175, 133.176, or 133.178 of title 21,
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Code of Federal Regulations (or any successor regu-
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lations);
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‘‘(D) pasteurized process cheese spreads as de-
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fined in section 133.179 or 133.180 of title 21, Code
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of Federal Regulations (or any successor regula-
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tions);
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‘‘(E) pasteurized blended cheeses as defined in
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section 133.167 or 133.168 of title 21, Code of Fed-
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eral Regulations (or any successor regulations);
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‘‘(F) any products comparable to any product
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described in any of clauses (A) through (E);
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‘‘(G) cold pack cheeses as defined in section
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133.123, 133.124, or 133.125 title 21, Code of Fed-
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eral Regulations (or any successor regulations);
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‘‘(H) grated American cheese food as defined in
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section 133.147 of title 21, Code of Federal Regula-
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tions (or any successor regulations); or
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‘‘(I) any other product the Secretary may des-
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ignate as a process cheese.
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‘‘(3) For purposes of this paragraph, the term ‘milk’
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has the meaning given such term in section 133.3 of title
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•HR 1803 IH
21, Code of Federal Regulations (or any successor regula-
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tions) and includes the lacteal secretions from animals
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other than cows.’’.
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(b) LABELING.—Section 403 of the Federal Food,
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Drug, and Cosmetic Act (21 U.S.C. 343) is amended by
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adding at the end the following:
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‘‘(z) If its label or labeling includes the term ‘natural
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cheese’ as a factual descriptor of a category of cheese un-
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less the food meets the definition of natural cheese under
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section 201(ss), except that nothing in this paragraph
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shall prohibit the use of the term ‘natural’ or ‘all-natural’,
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or a similar claim or statement with respect to a food in
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a manner that is consistent with regulations, guidance, or
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policy statements issued by the Secretary.’’.
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(c) NATIONAL UNIFORMITY.—Section 403A(a)(2) of
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the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
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343–1(a)(2)) is amended by striking ‘‘or 403(x)’’ and in-
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serting ‘‘403(x), or 403(z)’’.
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Æ
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