“To require enforcement against misbranded milk alternatives.”
No CRS summary available for this bill.
This section states the purpose of the Act to prohibit any food from being introduced into interstate commerce using a name for a standardized dairy product (i.e., those defined by FDA standards of identity, such as milk or cheese) unless the food meets the dairy product criterion under new section 403(z)(2) of the Federal Food, Drug, and Cosmetic Act or the imitation food labeling requirements under section 403(c).
This section amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that uses a name for a standardized dairy product (i.e., terms in 21 CFR parts 131 and 133 or §§135.110, 135.115, and 135.140, or any standard of identity with dairy as the primary ingredient) unless it is, contains as a primary ingredient, or is derived from the lacteal secretion—practically free from colostrum—obtained by complete milking of one or more hooved mammals, or meets imitation food standards under current law. The section further directs the Secretary of Health and Human Services, acting through the FDA Commissioner, to (1) issue draft guidance on enforcement within 90 days of enactment and final guidance within 180 days; (2) nullify any prior inconsistent guidance upon enactment; and (3) submit to Congress, within two years of enactment, a report on enforcement actions (including warnings and penalties under section 303 of the act), with an updated enforcement plan if misbranded food under this provision remains available for interstate sale.