II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Codifying Useful Regu5 latory Definitions Act’’ or the ‘‘CURD Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) There is a need to define the term ‘‘natural 

9 cheese’’ in order to maintain transparency and conVerDate Sep 11 2014 04:18 Jan 19, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 sistency for consumers so that they may differen2 tiate ‘‘natural cheese’’ from ‘‘process cheese’’. 

3 (2) The term ‘‘natural cheese’’ has been used 

4 within the cheese making industry for more than 50 

5 years and is well-established. 

6 SEC. 3. DEFINITION OF NATURAL CHEESE. 

7 (a) DEFINITION.—Section 201 of the Federal Food, 

8 Drug, and Cosmetic Act (21 U.S.C. 321) is amended by 

9 adding at the end the following: 

10 ‘‘(ss)(1) The term ‘natural cheese’ means cheese 

11 that— 

12 ‘‘(A) is produced from the milk of lactating ani13 mals or from other dairy ingredients; and 

14 ‘‘(B) is produced in accordance with— 

15 ‘‘(i) natural cheese standards of identity 

16 under part 133 or section 130.10 of title 21, 

17 Code of Federal Regulations (or any successor 

18 regulations); 

19 ‘‘(ii) natural cheese standards of identity 

20 under applicable State law, if any; or 

21 ‘‘(iii) natural cheese practices that are not 

22 established in any law or regulation. 

23 ‘‘(2) Such term does not include— 

24 ‘‘(A) pasteurized process cheeses as defined in 

25 section 133.169, 133.170, or 133.171 of title 21, 


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1 Code of Federal Regulations (or any successor regu2 lations); 

3 ‘‘(B) pasteurized process cheese foods as de4 fined in section 133.173 or 133.174 of title 21, Code 

5 of Federal Regulations (or any successor regula6 tions); 

7 ‘‘(C) pasteurized cheese spreads as defined in 

8 section 133.175, 133.176, or 133.178 of title 21, 

9 Code of Federal Regulations (or any successor regu10 lations); 

11 ‘‘(D) pasteurized process cheese spreads as de12 fined in section 133.179 or 133.180 of title 21, Code 

13 of Federal Regulations (or any successor regula14 tions); 

15 ‘‘(E) pasteurized blended cheeses as defined in 

16 section 133.167 or 133.168 of title 21, Code of Fed17 eral Regulations (or any successor regulations); 

18 ‘‘(F) any products comparable to any product 

19 described in any of subparagraphs (A) through (E); 

20 or 

21 ‘‘(G) cold pack cheeses as defined in section 

22 133.123, 133.124, or 133.125 title 21, Code of Fed23 eral Regulations (or any successor regulations), or 

24 any comparable products.’’. 


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1 (b) LABELING.—Section 403 of the Federal Food 

2 Drug and Cosmetic Act (21 U.S.C. 343) is amended by 

3 adding at the end the following: 

4 ‘‘(z) If its label or labeling includes the term ‘natural 

5 cheese’, unless the food meets the definition of natural 

6 cheese under section 201(ss), except that nothing in this 

7 paragraph shall prohibit the use of the term ‘natural’, ‘all8 natural’, or a similar claim or statement with respect to 

9 a food in a manner that is consistent with regulations, 

10 guidance, or policy statements issued by the Secretary.’’. 

11 (c) NATIONAL UNIFORMITY.—Section 403A(a)(2) of 

12 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

13 343–1(a)(2)) is amended by striking ‘‘or 403(w)’’ and in14 serting ‘‘403(w), or 403(z)’’. 

Æ 


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