I

107TH CONGRESS

1ST SESSION H. R. 1016

To amend the Federal Food, Drug, and Cosmetic Act to prohibit products

that contain dry ultra-filtered milk products, milk protein concentrates,

or casein from being labeled as domestic natural cheese, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 2001

Ms. BALDWIN (for herself, Mr. MCHUGH, Mr. OBEY, Mr. KIND, Mr. BARRETT, Mr. SENSENBRENNER, Mr. PETRI, Mr. SANDERS, Mr. HINCHEY,

Mr. BOUCHER, Mr. COOKSEY, Mr. FATTAH, Mr. ENGLISH, Mr.

BALDACCI, Mr. HOUGHTON, Mr. BOYD, Mr. CALLAHAN, Mr. VITTER, Mr.

BOEHLERT, Mr. BROWN of Ohio, Mr. PICKERING, Ms. SLAUGHTER, Mr.

WALSH, Mr. SWEENEY, Mr. SHERWOOD, Mrs. EMERSON, Mr. MCGOVERN, Mr. PETERSON of Pennsylvania, Mr. CLAY, and Mr. KLECZKA) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to

prohibit products that contain dry ultra-filtered milk

products, milk protein concentrates, or casein from being

labeled as domestic natural cheese, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1016 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Quality Cheese Act

3 of 2001’’.

4 SEC. 2. NATURAL CHEESE STANDARD.

5 (a) FINDINGS.—Congress finds that—

6 (1)(A) any change in domestic natural cheese

7 standards to allow products containing dry ultra-fil8 tered milk, milk protein concentrates, or casein to be

9 labeled as domestic natural cheese would result in

10 increased costs to the dairy price support program;

11 and

12 (B) that change would be unfair to taxpayers,

13 who would be forced to pay more program costs;

14 (2) any change in domestic natural cheese

15 standards to allow dry ultra-filtered milk products or

16 casein to be labeled as domestic natural cheese

17 would result in lower revenues for dairy farmers;

18 (3) any change in domestic natural cheese

19 standards to allow dry ultra-filtered milk products or

20 casein to be labeled as domestic natural cheese

21 would cause dairy products containing dry ultra-fil22 tered milk or casein to become vulnerable to con23 tamination and would compromise the sanitation,

24 hydrosanitary, and phytosanitary standards of the

25 United States dairy industry; and
3

•HR 1016 IH

1 (4) changing the labeling standard for domestic

2 natural cheese would be misleading to the consumer.

3 (b) PROHIBITION.—Section 401 of the Federal Food,

4 Drug, and Cosmetic Act (21 U.S.C. 341) is amended—

5 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a)

6 Whenever’’; and

7 (2) by adding at the end the following:

8 ‘‘(b)(1) The Secretary may not amend section 133.3

9 of title 21, Code of Federal Regulations (or any cor10 responding similar regulation or ruling), to include dry

11 ultra-filtered milk, milk protein concentrates, or casein in

12 the definition of the term ‘milk’ or ‘nonfat milk’, as speci13 fied in the standards of identity for cheese and cheese

14 products published at part 133 of title 21, Code of Federal

15 Regulations (or any corresponding similar regulation or

16 ruling).

17 ‘‘(2)(A) The Secretary may not amend such section

18 133.3 (or any corresponding similar regulation or ruling)

19 to include wet ultra-filtered milk in the definition de20 scribed in paragraph (1), until 60 days after the Sec21 retary, in conjunction with the Secretary of Agriculture,

22 submits the report described in subparagraph (B).

23 ‘‘(B) The Secretary, in conjunction with the Sec24 retary of Agriculture, shall conduct a study on the manner

25 in which the use of wet ultra-filtered milk impacts dairy
4

•HR 1016 IH

1 farmers, and submit a report containing the results of the

2 study to the appropriate committees of Congress.’’.

Æ