[Congressional Record Volume 151, Number 46 (Monday, April 18, 2005)]
[Senate]
[Page S3822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Mr. Schumer, and Mrs. Clinton):
  S. 827. A bill to prohibit products that contain dry ultra-filtered 
milk products, milk protein concentrate, or casein from being labeled 
as domestic natural cheese, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. FEINGOLD. Mr. President, I am pleased to re-introduce the Quality 
Cheese Act of 2005. 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 some in the food industry have pushed the Food 
and Drug Administration (FDA) to change current law, which would leave 
consumers not knowing 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, some cheese labels saying 
``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, casein, or dry ultra 
filtered milk could be used to make cheese in place of the wholesome 
natural milk produced by cows in Wisconsin or other parts of the U.S.
  I was deeply concerned by these 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 that could allow unlimited amounts of 
substandard imported milk proteins to enter U.S. cheese vats.
  While the industry proposal was withdrawn, my legislation would 
permanently prevent a similar back-door attempt to allow imitation milk 
as a cheese ingredient and ensure that consumers could be confident 
that they were buying natural cheese when they saw the natural label.
  Over the past decade, cheese consumption has risen at a strong pace 
due in part 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.
  These proposals to change our natural cheese standards, however, 
could decrease consumption of natural cheese by raising concerns about 
the origin of casein and milk protein concentrate. Use of such products 
could significantly tarnish the wholesome reputation of natural cheese 
in the eyes of the consumer and have unknown effects on quality and 
flavor.
  This change could 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 or to consumers. After all, 
consumers have a right to know if the cheese that they buy is 
unnatural. And by allowing milk protein concentrate milk into 
supposedly natural cheese, we are denying consumers the entire picture.
  Allowing MPCs or dry ultra-filtered milk into natural cheeses would 
also harm 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 MPCs 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 would quickly displace 
natural domestic dairy ingredients.
  These unnatural domestic dairy products would enter our domestic 
cheese market and could depress dairy prices paid to American dairy 
producers. Low dairy prices, in turn, could result in increased costs 
to the dairy price support program as the federal government is forced 
to buy domestic milk products when they are displaced in the market by 
cheap imports. So, at the same time that U.S. dairy farmers would 
receive lower prices, the U.S. taxpayer would pay more for the dairy 
price support program.
  This change does not benefit the dairy farmer, consumer or taxpayer. 
Who then is it good for?
  It would benefit only the subsidized foreign MPC producers out to 
make a fast buck by exploiting a system put in place to support our 
dairy farmers.
  This legislation addresses the concerns of farmers, consumers and 
taxpayers by prohibiting dry ultra-filtered milk, casein, and MPCs from 
being included in America's natural cheese standard.
  Congress must shut the door on any backdoor efforts to undermine 
America's dairy farmers. I urge my colleagues to pass my legislation 
and prevent a loophole that would allow changes that hurt the consumer, 
taxpayer, and dairy farmer.
  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. 827

       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 
     2005''.

     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, milk protein 
     concentrate, 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, milk protein 
     concentrate, 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, milk protein 
     concentrate, or casein to be labeled as domestic natural 
     cheese would cause dairy products containing dry ultra-
     filtered milk, milk protein concentrate, 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, milk protein concentrate, 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).''.
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