H.R. 1394 — CURD Act

This section establishes the short title of the Act as the “Codifying Useful Regulatory Definitions Act” or the “CURD Act.”

This section states that Congress finds a need to define the term “natural cheese” to maintain transparency and consistency for consumers so they can distinguish natural cheese from process cheese, and notes that the term has been used in the cheese-making industry for more than 50 years and is well established.

This section establishes a statutory definition of “natural cheese” under the Federal Food, Drug, and Cosmetic Act by adding section 201(ss) of 21 U.S.C. § 321. It defines natural cheese as a ripened or unripened soft, semi-soft, or hard cheese product, including coated cheese, made either by coagulating milk-based ingredients and draining whey or by comparable processing techniques that produce similar physical, chemical, and organoleptic characteristics, and it allows the addition of safe and suitable non-milk ingredients permitted under the applicable standards of identity. The definition excludes pasteurized process cheeses, pasteurized process cheese foods, pasteurized cheese spreads, pasteurized process cheese spreads, pasteurized blended cheeses, cold pack cheeses, grated American cheese food, comparable products, and any other product the Secretary designates as a process cheese. It also defines “milk” for this purpose to include lacteal secretions from animals other than cows. This section also prohibits labeling a food as “natural cheese” unless it meets the new statutory definition, while preserving the use of the terms “natural,” “all-natural,” or similar claims when used consistently with regulations, guidance, or policy statements issued by the Secretary. It further amends the Federal Food, Drug, and Cosmetic Act’s national uniformity provision to make this new labeling requirement enforceable under state law by adding section 403(z) to the list of provisions preempting nonidentical state requirements.