[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S389-S390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself and Mr. Jeffords):
  S. 117. A bill to prohibit products that contain dry ultra-filtered 
milk products or casein from being labeled as domestic natural cheese, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                           quality cheese act

  Mr. FEINGOLD. Mr. President, I am pleased to introduce the Quality 
Cheese Act of 2000. This legislation will protect the consumer, save 
taxpayer dollars and provide support to America's dairy farmers, who 
have taken a beating in the marketplace in recent years.
  When Wisconsin consumers have the choice, they will choose natural 
Wisconsin cheese, but the Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA) may change current law, and 
consumers won't know whether cheese is really all natural or not.
  If the federal government creates a loophole for imitation cheese 
ingredients to be used in U.S. cheese vats, cheese bearing the labels 
``domestic'' and ``natural'' will no longer be truly accurate.
  If USDA and FDA allow a change in federal rules, imitation milk 
proteins known as milk protein concentrate or casein, could be used to 
make cheese in

[[Page S390]]

place of the wholesome natural milk produced by cows in Wisconsin or 
other part of the U.S.
  Mr. President, I am deeply concerned by recent efforts to change 
America's natural cheese standard. This effort to allow milk protein 
concentrate and casein into natural cheese products flies in the face 
of logic and could create a loophole for unlimited amounts of 
substandard imported milk proteins to enter U.S. cheese vats.
  My legislation will close this loophole and ensure that consumers can 
be confident that they are buying natural cheese when they see the 
natural label.
  Our dairy farmers have invested heavily in processes that make the 
best quality cheese ingredients, and I am concerned about recent 
efforts to change the law that would penalize them for those efforts by 
allowing lower quality ingredients to flood the U.S. market.
  Over the past decade, cheese consumption has risen at a strong pace 
due to promotional and marketing efforts and investments by dairy 
farmers across the country. Year after year, per capita cheese 
consumption has risen at a steady rate.
  Back in the 1980's, when I served in the Wisconsin State Senate, 
cheese consumption topped 20 pounds per person. During the 1990s 
consumption increased by over 25 percent, and passed 25 pounds per 
person. Last year we saw an even more dramatic increase when per capita 
cheese consumption rose an amazing 1.5 pounds to reach 29.8 pounds.
  This one-year increase amounts to the largest expansion since 1982! I 
am proud to say that my home state of Wisconsin, America's dairyland, 
was one of the main engines behind this growth. After all, when 
consumers see the label ``Wisconsin Cheese,'' they know that it is 
synonymous with quality.
  Over the past two decades consumers have increased their cheese 
consumption due to their understanding, and taste for the quality 
natural cheese produced by America's dairy industry.
  Recent proposals to change to our natural cheese standard could 
decrease consumption of natural cheese. These declines could result 
from concerns about the origin of casein and other forms of dry UF 
milk.
  The vast majority of dry ultra filtered milk originates from 
countries with State Trading Enterprises. Many of these countries 
subsidize their dairy exports through these trading mechanisms, and 
have quality standards that are well below those of the United States.
  While it is difficult to obtain specific numbers about the amount of 
dry UF milk produced in foreign countries, I have heard disturbing 
stories about the conditions under which the casein and milk proteins 
are sometimes produced.
  For the most part, dry UF milk is not produced in the US. In fact, it 
is, for the most part, produced in countries where sanitary standards 
are well below those of the United States.
  These products are sold on the international market, and under the 
proposed rule they could be labeled as natural cheese. This cheap, low 
quality dry UF milk tends to leave cheese greasy and increases 
separation problems.
  The addition of this kind of milk will certainly leave the wholesome 
reputation of ``natural cheese'' significantly tarnished in the eyes of 
the consumer.
  This change would seriously compromise decades of work by America's 
dairy farmers to build up domestic cheese consumption levels. It is 
simply not fair to America's farmers!
  Mr. President, consumers have a right to know if the cheese they buy 
is unnatural. And by allowing unnatural dry UF milk into cheese, we are 
denying consumers the entire picture.
  This legislation will paint the entire picture for the consumer, and 
allow them enough information to select cheese made from truly natural 
ingredients.
  Allowing dry Ultra-Filtered milk into cheeses will have a significant 
adverse impact on dairy producers throughout the United States. Some 
estimate that the annual effect of the change on the dairy farm sector 
of the economy could be more than $100 million.
  The proposed change to our natural cheese standard would also harm 
the American taxpayer.
  If we allow dry UF milk to be used in cheese we will effectively 
permit unrestricted importation of these ingredients into the United 
States. Because there are no tariffs and quotas on these ingredients, 
these heavily subsidized products will displace natural domestic dairy 
ingredients.
  These unnatural domestic dairy products will enter our domestic 
cheese market and may further depress dairy prices paid to American 
dairy producers.
  Low dairy prices result in increased costs to the dairy price support 
program. So, at the same time that U.S. dairy farmers are receiving 
lower prices, the U.S. taxpayer will be paying more for the dairy price 
support program.
  Mr. President, this change does not benefit the dairy farmer, 
consumer or taxpayer. Who then is it good for?
  The obvious answer is nobody.
  America's farmers have invested a tremendous amount of time and 
effort to create the best cheese industry in the world. They should not 
be penalized for their efforts.
  This legislation addresses the concerns of farmers, consumers and 
taxpayers by prohibiting dry ultra-filtered milk from being included in 
America's natural cheese standard.
  Congress must shut the door on any backdoor efforts to stack the deck 
against America's dairy farmers. And we must pass my legislation that 
prevents a loophole that would allow changes that hurt the consumer, 
taxpayer and dairy farmer.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 117

       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 ``Quality Cheese Act of 
     2001''.

     SEC. 2. NATURAL CHEESE STANDARD.

       (a) Findings.--Congress finds that--
       (1)(A) any change in domestic natural cheese standards to 
     allow dry ultra-filtered milk products or casein to be 
     labeled as domestic natural cheese would result in increased 
     costs to the dairy price support program; and
       (B) that change would be unfair to taxpayers, who would be 
     forced to pay more program costs;
       (2) any change in domestic natural cheese standards to 
     allow dry ultra-filtered milk products or casein to be 
     labeled as domestic natural cheese would result in lower 
     revenues for dairy farmers;
       (3) any change in domestic natural cheese standards to 
     allow dry ultra-filtered milk products or casein to be 
     labeled as domestic natural cheese would cause dairy products 
     containing dry ultra-filtered milk or casein to become 
     vulnerable to contamination and would compromise the 
     sanitation, hydrosanitary, and phytosanitary standards of the 
     United States dairy industry; and
       (4) changing the labeling standard for domestic natural 
     cheese would be misleading to the consumer.
       (b) Prohibition.--Section 401 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 341) is amended--
       (1) by striking ``Whenever'' and inserting ``(a) 
     Whenever''; and
       (2) by adding at the end the following:
       ``(b) The Commissioner may not use any Federal funds to 
     amend section 133.3 of title 21, Code of Federal Regulations 
     (or any corresponding similar regulation or ruling), to 
     include dry ultra-filtered milk or casein in the definition 
     of the term `milk' or `nonfat milk', as specified in the 
     standards of identity for cheese and cheese products 
     published at part 133 of title 21, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling).''.
                                 ______