CURD Act
- Sponsor
- Rep. Steil, Bryan [R-WI-1]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Feb 14, 2025
Bottom line
The CURD Act aims to provide a clear, legally binding definition for 'natural cheese' to enhance consumer transparency and consistency in the dairy market.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to establish a statutory definition for 'natural cheese', differentiating it from 'process cheese' and other cheese products. It specifies the production methods and ingredients that qualify a product as natural cheese and explicitly excludes various types of pasteurized process cheeses, cheese foods, and spreads. The bill also mandates that any product labeled 'natural cheese' must meet this new definition and ensures national uniformity for this labeling standard.
Proponents argue
Supporters argue that defining 'natural cheese' is crucial for consumer transparency and consistency, allowing them to clearly distinguish traditional cheese products from highly processed alternatives. They contend that codifying a term already well-understood in the industry for over 50 years will reduce confusion and uphold the integrity of traditional cheesemaking, benefiting both consumers and producers.
Opponents contend
Critics might argue that this bill introduces unnecessary regulatory burdens on the food industry, potentially increasing compliance costs for manufacturers who may need to re-evaluate labeling or product formulations. Some could also contend that existing FDA regulations and standards of identity are sufficient, and a new statutory definition could stifle innovation or create unintended consequences for niche cheese products.
The bill is short and relatively straightforward, making it accessible for an informed reader to understand its core provisions within a reasonable timeframe.
Section 3(a), amending Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)
Definition of 'Natural Cheese'
This provision adds a new subsection to the Federal Food, Drug, and Cosmetic Act, legally defining 'natural cheese'. It specifies that natural cheese is a ripened or unripened product made by coagulating milk protein, partially draining whey, and concentrating milk protein, or by similar processing techniques. It also allows for safe, non-milk derived ingredients permitted in existing natural cheese standards and explicitly excludes various 'process cheese' products from this definition.
Supporters argue
Proponents argue that this precise definition provides much-needed clarity in the marketplace, preventing consumer confusion between traditional cheeses and highly processed cheese products. They believe it supports consumer choice by ensuring labels accurately reflect product composition and manufacturing methods, thereby protecting the integrity of 'natural cheese' as a distinct category.
Critics contend
Opponents might contend that the detailed definition, while aiming for clarity, could inadvertently create rigid boundaries that limit innovation or complicate the classification of certain specialty or hybrid cheese products. They may also express concern that the explicit exclusions could negatively impact manufacturers of products that currently use 'natural' descriptors without meeting this new, stricter definition.
Tradeoffs
The provision balances the desire for consumer clarity and protection of traditional cheesemaking with the potential for increased regulatory burden on manufacturers and the need for flexibility in product innovation. There's a tension between a strict, clear definition and the evolving nature of food science and product development.
Section 3(b), amending Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343)
Labeling Requirements for 'Natural Cheese'
This section makes it illegal for a food product's label or labeling to use the term 'natural cheese' as a factual descriptor unless the product fully complies with the new definition established in Section 201(ss). However, it explicitly states that this prohibition does not prevent the use of general terms like 'natural' or 'all-natural' on food labels, provided such claims align with existing FDA regulations, guidance, or policy.
Section 3(c), amending Section 403A(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2))
National Uniformity for 'Natural Cheese' Labeling
This provision amends the Federal Food, Drug, and Cosmetic Act to ensure that the new 'natural cheese' labeling requirements are applied uniformly across all states. By adding Section 403(z) to the list of provisions, it prevents individual states from establishing their own, potentially differing, requirements for the labeling of 'natural cheese', thereby creating a consistent national standard.
This clause allows the Secretary (of Health and Human Services, via FDA) to designate 'any other product' as a process cheese, thereby explicitly excluding it from the definition of 'natural cheese'.
Section 3(a)(2)(I), amending Section 201 of the Federal Food, Drug, and Cosmetic Act
Why it matters:This is a standard legislative practice to provide regulatory agencies with flexibility to adapt to future product innovations or unforeseen circumstances. It acts as a necessary safeguard against new products attempting to circumvent the 'process cheese' exclusions.
Case for: Supporters would argue this grants the FDA crucial flexibility to address new products or evolving food technologies that might otherwise fall into a definitional grey area, ensuring the integrity of the 'natural cheese' definition over time. It prevents manufacturers from creating new 'process cheese' variants that exploit loopholes in the specific list of exclusions.
Case against: Critics might argue that this grants overly broad discretionary power to the Secretary, potentially allowing future administrations to expand the definition of 'process cheese' in ways not explicitly intended by Congress. This could create regulatory uncertainty for manufacturers developing new products.
Estimated impact: Potentially significant, as it provides the FDA with ongoing authority to classify new or modified cheese products, influencing market access for 'natural cheese' labeling.