CURD Act
- Bill Number
- H.R. 1394
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-02-14: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-05-08T08:05:54Z
AI-Generated Summary
Purpose
The legislation, titled the "Codifying Useful Regulatory Definitions Act" (CURD Act), aims to define the term "natural cheese" in federal law. This provides clarity for consumers to distinguish "natural cheese" from "process cheese," promoting transparency and consistency in the food industry. The term has been used in the cheese-making sector for over 50 years, and the bill codifies it to align with existing practices.
Key Provisions
- Definition of "Natural Cheese": Adds a new subsection (ss) to Section 201 of the Federal Food, Drug, and Cosmetic Act (FD&C Act). "Natural cheese" is defined as:
- A ripened or unripened soft, semi-soft, or hard cheese product (which may be coated) made by coagulating (thickening) proteins from milk or milk products using rennet or similar agents, followed by partial whey drainage. This process concentrates milk proteins (like casein) higher than in the original ingredients.
- Or produced using similar techniques that yield comparable texture, chemistry, and taste.
- May include safe, suitable non-milk ingredients allowed under existing FDA cheese standards.
- Must follow FDA standards of identity in 21 CFR Part 133 (except for processed types or future designations by the FDA Secretary).
- Exclusions: The definition explicitly excludes processed or blended cheeses, such as:
- Pasteurized process cheeses, cheese foods, spreads, and blended cheeses (as defined in specific FDA regulations).
- Cold pack cheeses, grated American cheese food, or any comparable products.
- Any other items the FDA Secretary designates as "process cheese."
- "Milk" includes secretions from non-cow animals, per FDA rules.
- Labeling Requirements: Adds subsection (z) to Section 403 of the FD&C Act, prohibiting the use of "natural cheese" on labels unless the product meets the definition. However, terms like "natural" or "all-natural" can still be used if consistent with FDA regulations, guidance, or policies.
- National Uniformity for Labeling: Amends Section 403A(a)(2) of the FD&C Act to ensure the new labeling rule (403(z)) applies uniformly nationwide, preempting conflicting state or local laws.
Significant Changes to Existing Law
- Introduces a statutory definition for "natural cheese," which was previously undefined in federal law but guided by FDA regulations and industry norms. This formalizes the distinction from "process cheese," which involves melting and blending with emulsifiers.
- Expands national preemption to include the new labeling provision, ensuring consistent enforcement across states and reducing variations in how cheese is labeled or marketed.
- Does not alter existing FDA standards for cheese identity but integrates them into the definition, while allowing the FDA Secretary flexibility to designate additional exclusions.
Potential Impacts
- On Government Agencies: The FDA will gain a clear legal definition to enforce labeling and standards, potentially simplifying oversight and reducing disputes over cheese classification. It may require minor updates to regulations but builds on existing ones.
- On Citizens: Consumers benefit from clearer labels, enabling easier differentiation between natural and processed cheeses, which could support informed purchasing decisions related to product quality, ingredients, or health preferences.
- On International Relations: Minimal direct impact, though it could influence U.S. cheese exports by standardizing labeling, potentially aiding compliance with international trade rules on food nomenclature (e.g., under WTO agreements).
- Overall, the bill promotes industry stability without imposing new burdens, as it codifies long-standing practices.
Main Stakeholders Affected
- Cheese Producers and Manufacturers: Natural cheese makers gain legal protection for the term, while processed cheese producers must avoid misusing it, potentially affecting marketing strategies.
- Consumers: Directly benefit from enhanced transparency in labeling.
- Food Retailers and Distributors: May need to adjust inventory labeling or supplier communications to comply with uniform standards.
- FDA and Regulatory Bodies: Responsible for enforcement, with added clarity but no major new responsibilities.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FDA authority by embedding industry definitions into statute, reducing ambiguity in enforcement and potential litigation over misleading labels. The preemption clause upholds federal supremacy in food labeling, aligning with the Commerce Clause of the U.S. Constitution, which allows Congress to regulate interstate commerce uniformly.
- Constitutional: No apparent conflicts; it respects free speech in labeling by permitting "natural" claims under FDA guidance, avoiding First Amendment challenges seen in other food labeling cases.
- Political: Bipartisan introduction (by Reps. Steil and Costa) suggests broad industry support, potentially fostering goodwill in agricultural policy without partisan divides. It could set a precedent for codifying other informal food terms, influencing future FDA-related bills.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (19)
Rep. Costa, Jim [D-CA-21], Rep. Mrvan, Frank J. [D-IN-1], Rep. Fitzgerald, Scott [R-WI-5], Rep. Van Orden, Derrick [R-WI-3], Rep. Wied, Tony [R-WI-8], Rep. Grothman, Glenn [R-WI-6], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Panetta, Jimmy [D-CA-19], Rep. Feenstra, Randy [R-IA-4], Rep. McDonald Rivet, Kristen [D-MI-8], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Pocan, Mark [D-WI-2], Rep. Gray, Adam [D-CA-13], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Tonko, Paul [D-NY-20], Rep. Stevens, Haley M. [D-MI-11], Rep. Fulcher, Russ [R-ID-1], Rep. Langworthy, Nicholas A. [R-NY-23]
Recent Actions
- 2025-02-14: Referred to the House Committee on Energy and Commerce.
- 2025-02-14: Introduced in House
- 2025-02-14: Introduced in House
Bill Versions
- Codifying Useful Regulatory Definitions Act — issued 2025-02-14 — PDF (5 pages)