Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the bill we are considering under suspension of the rules, S. 2322, the Codifying Useful Regulatory…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to the bill we are considering under suspension of the rules, S. 2322, the Codifying Useful Regulatory Definitions Act, or the CURD Act.
This bill has not proceeded through regular order and codifies into the Federal Food, Drug, and Cosmetic Act a highly prescriptive definition of ``natural cheese'' that should be determined by the FDA, not by Congress.
This legislation creates a statutory definition for a specific category of cheese and expressly distinguishes what shall be considered natural cheese from the other standards of identity for processed cheese currently defined in regulation. The bill then codifies these regulatory standards of identity into the statute and expressly preempts any non-Federal definition of the term ``natural cheese.''
The FDA has the authority to define this term, yet proponents of this legislation prefer legislative expediency over sound regulatory decisionmaking. Supporters insist that this definition is needed in statute immediately to assure it quickly applies. However, instead of waiting to proceed through regular order or following the regulatory process, stakeholders are asking for an immediate statutory change because of ongoing litigation that this bill will help to resolve for some stakeholders.
Mr. Speaker, I am concerned that by rushing this legislation through we have not been given adequate time to consider the implications for this change or how this definition might impact consumers and other industry stakeholders. The FDA is best positioned to consider the public health impacts of defining this term and how it would interact with other agency efforts regarding nutrition labeling, such as a broader definition for the term ``natural.''
Additionally, I am concerned by the precedent this legislation creates and believe that passing this bill only encourages stakeholders to seek additional statutory changes or definitional clarity for the products when they believe the FDA has not acted as expeditiously as they wish or when they are facing litigation.
We should be making changes to the Federal statute when they are necessary and in order to protect the public health, not when industry is seeking a favorable outcome that could be achieved through regulatory process. I do not believe this change is warranted in this circumstance.
Finally, Mr. Speaker, I strongly believe that legislation like the CURD Act should be considered through regular order, and I am opposed to this bill, given that the House of Representatives has held no hearings on this issue and has not marked up the bill under consideration today. The Senate passed this bill in the dead of night, with no discussion or debate on the floor. I believe we are abdicating our duty to fully consider the implications of this statutory change if we pass this bill today.
On the substance, Mr. Speaker, the Center for Science in the Public Interest, Consumer Reports, and The Good Food Institute are all opposed to this legislation and have raised serious concerns about the impact of this change on consumer confusion and transparency. I include in the Record letters in opposition to the bill from all three.
Center for Science
in the Public Interest,
Washington, DC, December 19, 2018.
Dear Member: The Center for Science in the Public Interest
writes to urge you to oppose the CURD Act (H.R. 4828, S.
2322). This misguided bill would define ``natural cheese'' in
a way that actually muddles, rather than clarifies, the term.
For example, it would allow the use of artificial colors and
additives in ``natural cheese'' and would also make labeling
for cheese inconsistent with U.S. Department of Agriculture
(USDA) labeling requirements and possibly also with the Food
and Drug Administration's (FDA's) labeling requirements for
other ``natural'' foods. The bill could also prevent the term
``natural'' from being used on non-dairy cheese alternatives
that may otherwise rightly be considered natural by
consumers.
The stated purpose of the bill is to draw a clear line for
consumers between ``natural cheese'' and processed cheese.
Yet we have seen no evidence that consumers are confusing
processed cheese with natural cheese in the marketplace. The
FDA's current standards of identity for processed cheese
types already require that these cheeses include a specific
statement of identity on the label indicating that they are
``process cheese.'' And there are currently strong incentives
for the manufacturers of process cheese to avoid ``natural''
claims, as this could expose cheesemakers to liability.
Rather than protecting consumers, the bill would confuse
them by permitting misleading ``natural'' claims on products
that most Americans would not consider natural. For example,
a nationally representative telephone survey conducted in May
2018 by Consumer Reports found that more than 80 percent of
consumers say ``natural'' should mean no artificial
ingredients were used. Yet the CURD Act allows for the use of
synthetic food dye, artificial flavors, and other artificial
additives in so-called ``natural cheese.'' Similarly, an
overwhelming majority of Americans surveyed felt that use of
the term ``natural'' should be reserved for foods that deploy
natural agricultural practices to produce the food's
ingredients, including by limiting the use of hormones,
pesticides, and antibiotics. In contrast, the bill would
allow the term ``natural cheese'' to appear irrespective of
the agricultural practices used to produce the cheese's
ingredients.
The bill would also make labeling for ``natural cheese''
inconsistent with USDA and with likely future FDA
requirements for ``natural'' on food labels in general. The
USDA currently permits the use of the term ``natural'' on
products that contain no artificial ingredient or added color
and which are only minimally processed. In addition,
understanding that ``natural'' can have many meanings, the
USDA requires a brief statement of meaning on labels to avoid
confusion, stating, that the food is ``*no more than
minimally processed and contains no artificial ingredients.''
The FDA is also currently considering adopting a definition
of ``natural'' and may create similar requirements based on
comments in its public docket on the issue. Yet the bill
would authorize the claim ``natural cheese'' to be used on
cheese in a manner that fails to align with either the USDA's
current rules or prospective FDA requirements, leading to
inconsistency and confusion across the marketplace.
Finally, the bill defines ``natural cheese'' in a manner
that could be interpreted to prohibit use of the term on non-
dairy alternatives intended for consumers who are vegan,
lactose intolerant, or who otherwise wish to avoid dairy
cheeses. Use of the term ``natural'' should not be prohibited
on these products, provided the products otherwise meet
consumer expectations for use of this term.
The FDA is currently working on a definition of ``natural''
that would be non-misleading, based on consumer
understanding, and apply uniformly to all FDA-regulated
foods, including cheese. Congress should not act prematurely
to carve out a definition for ``natural cheese'' before the
agency has taken action to define ``natural'' for other
products.
For these reasons, we urge you to vote ``no'' on the CURD
Act.
Sincerely,
Sarah Sorscher,
Deputy Director of Regulatory Affairs, Center for Science
in the Public Interest.
Mr. Speaker, we should not displace the important role of the FDA in determining the correct terminology and approach to regulating and labeling food products like cheese. Changes to the statute should be considered in broad daylight, with robust discussion and significant input from consumer, industry, and government stakeholders.
That has not happened in this case, and for these reasons I oppose the bill and urge my colleagues to oppose the bill as well.
Mr. Speaker, I yield back the balance of my time.
