S. 827

Quality Cheese Act of 2005

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II

109th CONGRESS

1st Session

S. 827

IN THE SENATE OF THE UNITED STATES

April 18, 2005

Mr. Feingold (for himself, Mr. Schumer, and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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.

1.

Short title

This Act may be cited as the Quality Cheese Act of 2005.

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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