S. 130Senate115th Congress (2017-2019)In Committee

DAIRY PRIDE Act

Introduced January 12, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:33 AM UTC

The DAIRY PRIDE Act would make it illegal to market plant‑based products as milk, yogurt, cheese or other dairy items unless they meet the legal definition of a dairy product (i.e., derived from the milk of hooved mammals). It adds a new enforcement provision to the Federal Food, Drug, and Cosmetic Act and requires the FDA to issue guidance and report on enforcement actions. The bill targets manufacturers of plant‑based milk alternatives that use dairy‑type names, aiming to prevent consumer confusion.

Key Provisions

  • Amends the FD&C Act to add a new subparagraph (z)(1) that bars any food from using a dairy market name unless it meets the statutory definition of a dairy product.
  • Defines a “dairy product” as one that contains, as a primary ingredient, the lacteal secretion obtained from milking one or more hooved mammals.
  • Requires the FDA (through HHS) to issue draft guidance within 90 days and final guidance within 180 days on how the new rule will be enforced.
  • Mandates a report to Congress within two years detailing enforcement actions, warnings, penalties, and an updated enforcement plan for any misbranded products still on the market.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

January 12, 2017

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SenateIntro Referral

Introduced in Senate

January 12, 2017

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

January 12, 2017

Floor Debate

24 members

What members said about S. 130 on the floor

11 Republicans13 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · Jul 12, 2017

Mr. Chairman, I yield myself 5 minutes. I thank the chairman, first of all, for his hard work on this bill, and all the members of the committee and the staff. As the chairman has pointed out, this…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Jul 12, 2017

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I am proud to bring before the House H.R. 2810, the National Defense Authorization Act for Fiscal Year 2018. It was reported…

Mike Rogers
Rep. Mike RogersR-AL-3 · Jul 12, 2017

Mr. Chair, I would like to thank Chairman Thornberry and Ranking Member Smith for their leadership in bringing this years's NDAA. I would also like to thank my friend and colleague from Tennessee,…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jul 12, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment will strike section 1022 of the bill that prohibits the transfer or…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Jul 12, 2017

Mr. Chairman, I appreciate the House Armed Services Committee chairman, Mac Thornberry, for his determined leadership to promote peace through strength. I am grateful to support H.R. 2810, the…

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Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 12, 2017

Mr. Chair, I have an amendment at the desk. Mr. Chair, my amendment deletes language in this bill that would mandate a program of record, green lighting this proposal for road-mobile, ground-launched…

Jared Polis
Rep. Jared PolisD-CO-2 · Jul 12, 2017

Mr. Chair, I have an amendment at the desk. Mr. Chair, I yield myself such time as I might consume. Mr. Chairman, at a time when we need to balance our budget and prevent a legacy of debt from being…

K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Jul 12, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, this amendment is a pretty straightforward amendment. It does two things. One, it saves and conserves valuable taxpayer dollars to be used…

Michael R. Turner
Rep. Michael R. TurnerR-OH-10 · Jul 12, 2017

Mr. Chairman, I rise in strong support of H.R. 2810, the National Defense Authorization Act for Fiscal Year 2018. I have the privilege of serving as the chairman of the Tactical Air and Land Forces…

Pete Aguilar
Rep. Pete AguilarD-CA-31 · Jul 12, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chair, for decades, our Nation's nuclear weapons and triad have provided us with strategic deterrence against nuclear war and the existential threat…

Bill Foster
Rep. Bill FosterD-IL-11 · Jul 12, 2017

Mr. Chairman, I rise in opposition to this amendment. Mr. Chairman, I yield myself such time as I may consume. As the only physicist in the U.S. Congress, I feel a special responsibility to speak out…

Pramila Jayapal
Rep. Pramila JayapalD-WA-7 · Jul 12, 2017

Mr. Chairman, I rise as the designee of the gentleman from Wisconsin, and I have an amendment at the desk. Mr. Chairman, the reality is that our economic security is part and parcel of our national…

Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · Jul 12, 2017

Mr. Chairman, I rise in support of the National Defense Authorization Act for Fiscal Year 2018. I would like to thank Chairman Thornberry and Ranking Member Smith for bringing this important bill to…

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John Garamendi
Rep. John GaramendiD-CA-3 · Jul 12, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, every year Congress receives a very important and very helpful report regarding our nuclear weapons enterprise. It is sometimes referred…

Jackie Speier
Rep. Jackie SpeierD-CA-14 · Jul 12, 2017

Mr. Chair, I thank the gentleman for yielding and for his outstanding leadership and candor on our committee. I want to give a special shout-out to our chairman, Mr. Thornberry, who shaved an hour…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Jul 12, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, our current defense spending is about where it was at the very peak of the Reagan defense buildup after adjusting for inflation. It is…

Elise M. Stefanik
Rep. Elise M. StefanikR-NY-21 · Jul 12, 2017

Mr. Chairman, today I rise in strong support of the National Defense Authorization Act for Fiscal Year 2018, which increases readiness and ensures that those who serve our Nation are fully equipped,…

Salud O. Carbajal
Rep. Salud O. CarbajalD-CA-24 · Jul 12, 2017

Mr. Chair, I rise in opposition to this amendment. Mr. Chair, before I proceed, I wanted to take a quick few seconds to thank and recognize Chairman Thornberry and Ranking Member Smith as a freshman…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Jul 12, 2017

Mr. Chairman, I thank Mr. Smith for yielding and compliments to him and Chairman Thornberry for the outstanding work, again, that the two of them have collaborated on to keep this really massive…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Jul 12, 2017

Mr. Chair, I want to thank the ranking member for yielding. And, Mr. Chair, I would like to begin by thanking Chairman Thornberry, Ranking Member Smith, and Chairwoman Stefanik for their collective…

Mike Coffman
Rep. Mike CoffmanR-CO-6 · Jul 12, 2017

Mr. Chair, I rise today in strong support of H.R. 2810, the National Defense Authorization Act for Fiscal Year 2018. The bill contains significant policy and funding initiatives that continue our…

Don Bacon
Rep. Don BaconR-NE-2 · Jul 12, 2017

Mr. Chairman, I rise today in staunch support of the National Defense Authorization Act of 2018. I served in the military under the past five Presidents starting with Ronald Reagan and witnessed…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Jul 12, 2017

Mr. Chairman, I would first like to commend Chairman Thornberry, Ranking Member Smith, and the committee staff who have worked many long nights on the National Defense Authorization Act for Fiscal…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Jul 12, 2017

Mr. Chairman, I claim the time in opposition to the Nadler amendment. Mr. Chairman, the Nadler amendment would allow detainees currently housed at GTMO to be transferred to the United States. As in…

Bill Text

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Introduced in SenateIssued January 12, 2017

II

115th CONGRESS

1st Session

S. 130

IN THE SENATE OF THE UNITED STATES

January 12, 2017

Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To require enforcement against misbranded milk alternatives.

1.

Short title

This Act may be cited as the Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act or the DAIRY PRIDE Act.

2.

Findings

Congress finds as follows:

(1)

Dairy products are an important part of a healthy diet for both children and adults, according to the 2015–2020 Dietary Guidelines for Americans (referred to in this section as the Dietary Guidelines) published by the Department of Health and Human Services and the Department of Agriculture. The Dietary Guidelines state that most Americans are not meeting recommended intake for the dairy food group. Consumption of dairy foods provides numerous health benefits, including lowering the risk of diabetes, metabolic syndrome, cardiovascular disease, and obesity.

(2)

The Dietary Guidelines state that dairy foods are excellent sources of critical nutrients for human health, including vitamin D, calcium, and potassium, all of which are under consumed by people of the United States. When consumed in the amounts recommended by the Food Patterns of the Department of Agriculture, on average across the calorie levels, dairy foods contribute about 67 percent of calcium, 64 percent of vitamin D, and 17 percent of magnesium.

(3)

About 30 percent of adolescent boys meet or exceed the recommended 3 cup equivalents per day, but less than 10 percent of adolescent females meet or exceed this recommendation. An age-related decline in dairy intake appears to begin in adolescence and intakes persist at very low levels among adult females across the age distribution. Less than 5 percent of adult females consume the recommended 3 cup equivalents per day. Overall, more than 80 percent of the entire population of the United States does not meet the daily dairy intake recommendation.

(4)

The Dietary Guidelines state that vitamin D and potassium amounts vary across plant-based milk alternatives. The amount of calcium per calorie is lower for most plant-based alternative milk products. To obtain the amount of calcium contained in one cup of non-fat fluid milk from a plant-based milk alternative, the portion size and calorie intake must be greater.

(5)

Imitation dairy products, such as plant-based products derived from rice, nuts, soybeans, hemp, coconut, algae, and other foods that imitate milk, yogurt, and cheese, often do not provide the same nutrition content as real milk, cheese, and yogurt derived from dairy cows.

(6)

Plant-based products labeled as milk are misleading to consumers.

(7)

The Food and Drug Administration has regulations that define milk and cream as the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows (section 131.110 of title 21, Code of Federal Regulations). This definition further applies to milk used to create other dairy products, including yogurt and cheese, as specified in section 131 and 133 of title 21, Code of Federal Regulations.

(8)

Given the proliferation of plant-based products in the marketplace that are mislabeled as milk despite the standard of identity defined for this substance, enforcement by the Food and Drug Administration against these practices should be improved to avoid misleading consumers.

3.

Purpose

No food may be introduced or delivered for introduction into interstate commerce using a market name for a dairy product if the food does not meet the criterion set forth for dairy products under paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) (as added by section 4(a)).

4.

Enforcement of definition

(a)

In general

Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following:

(z)
(1)

If it uses a market name for a dairy product described in subparagraph (3) and the food does not meet the criterion for being a dairy product, as described in subparagraph (2).

(2)

For purposes of this paragraph, a food is a dairy product only if the food is, contains as a primary ingredient, or is derived from, the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more hooved mammals.

(3)

A market name for a dairy product described in this subparagraph means the dairy product terms described in parts 131 and 133 of subchapter B of chapter I of title 21, Code of Federal Regulations, and sections 135.110, 135.115, and 135.140 of title 21, Code of Federal Regulations (or any successor regulations), or any other term for which the Secretary has promulgated a standard of identity with respect to a food that is formulated with a dairy product (as described in subparagraph (2)) as the primary ingredient.

.

(b)

Guidance

The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall—

(1)

not later than 90 days after the date of enactment of this Act, issue draft guidance on how enforcement of the amendment made by subsection (a) will be carried out; and

(2)

not later than 180 days after the date of enactment of this Act, issue final guidance on such enforcement.

(c)

Report to Congress

Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall report to Congress on enforcement actions taken under paragraph (z) of section 403 of the Federal Food Drug and Cosmetic Act (21 U.S.C. 343), as amended by this Act, including warnings issued pursuant to such paragraph and penalties assessed under section 303 of such Act (21 U.S.C. 333) with respect to such paragraph. If food that is misbranded under section 403(z) is offered for sale in interstate commerce at the time of such report, the Commissioner of Food and Drugs shall include in such report an updated plan for enforcement with respect to such food.