[Congressional Record Volume 164, Number 197 (Thursday, December 13, 2018)]
[Senate]
[Page S7623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





              CODIFYING USEFUL REGULATORY DEFINITIONS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be discharged and 
that the Senate proceed to the immediate consideration of S. 2322.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2322) to amend the Federal Food, Drug, and 
     Cosmetic Act to define the term natural cheese.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the Johnson amendment at 
the desk be agreed to and that the bill, as amended, be considered read 
a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4113) was agreed to as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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)''.

  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. Mr. President, I know of no further debate on the 
bill, as amended.
  The PRESIDING OFFICER. Is there further debate on the bill?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 2322), as amended, was passed.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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