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. BAR-
RETT, 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. MCGOV-
ERN, Mr. PETERSON of Pennsylvania, Mr. CLAY, and Mr. KLECZKA) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives 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 products containing dry ultra-fil-
tered milk, milk protein concentrates, 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-fil-
tered milk or casein to become vulnerable to con-
tamination 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)(1) The Secretary may not amend section 133.3
of title 21, Code of Federal Regulations (or any cor-
responding similar regulation or ruling), to include dry
ultra-filtered milk, milk protein concentrates, or casein in
the definition of the term ‘milk’ or ‘nonfat milk’, as speci-
fied 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).
‘‘(2)(A) The Secretary may not amend such section
133.3 (or any corresponding similar regulation or ruling)
to include wet ultra-filtered milk in the definition de-
scribed in paragraph (1), until 60 days after the Sec-
retary, in conjunction with the Secretary of Agriculture,
submits the report described in subparagraph (B).
‘‘(B) The Secretary, in conjunction with the Sec-
retary of Agriculture, shall conduct a study on the manner
in which the use of wet ultra-filtered milk impacts dairy