[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2322 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 2322

_______________________________________________________________________

                                 AN ACT


 
 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); or
            ``(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(w)'' and inserting ``403(w), or 403(z)''.

            Passed the Senate December 13, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2322

_______________________________________________________________________

                                 AN ACT

 To amend the Federal Food, Drug, and Cosmetic Act to define the term 
                            natural cheese.