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

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115th CONGRESS
  2d Session
                                S. 2322

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 18, 2018

   Mr. Johnson (for himself, Mr. Wyden, Mr. Risch, and Ms. Baldwin) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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--
            ``(A) is produced from the milk of lactating animals or 
        from other dairy ingredients; and
            ``(B) is produced in accordance with--
                    ``(i) natural cheese standards of identity under 
                part 133 or section 130.10 of title 21, Code of Federal 
                Regulations (or any successor regulations);
                    ``(ii) natural cheese standards of identity under 
                applicable State law, if any; or
                    ``(iii) natural cheese practices that are not 
                established in any law or regulation.
    ``(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 subparagraphs (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), or any comparable products.''.
    (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', 
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', `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)''.
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