Bipartisan effort finds a whey as CURD Act defines ‘natural cheese’

The U.S. Senate began reconsidering legislation on Wednesday that seeks to clarify the labeling and definition of cheese products. Originally introduced on March 27, 2023, the Codifying Useful Regulatory Definitions (CURD) Act aims to amend the Federal Food, Drug, and Cosmetic Act by formally defining the term “natural cheese.”

Sponsored by Sens. Ron Johnson (R-Wis.), Ron Wyden (D-Ore.), James Risch (R-Idaho), Tammy Baldwin (D-Wis.), Mike Crapo (R-Idaho), and Bernard Sanders (I-Vt.), the bill is intended to emphasize transparency and consistency in the dairy industry.

“Wisconsin’s dairy farmers and cheesemakers work hard to produce high-quality cheese products that are known across the globe and move our Made in Wisconsin economy forward,” Baldwin said. “This legislation honors their celebrated products and makes sure consumers know what products on the shelf meet the definition of ‘natural cheese’ and what do not.”

Why define ‘natural cheese’?

The CURD Act highlights a growing need to differentiate “natural cheese” from “processed cheese” to provide clear information to consumers and preserve industry standards. The term “natural cheese” has been used within the cheesemaking community for over 50 years, yet a formal definition has never been codified in federal law.

The bill defines “natural cheese” as a product created by coagulating milk proteins — such as casein — using rennet or similar agents, then partially draining whey to concentrate the protein content. It also includes cheeses made through similar processing techniques that yield comparable physical, chemical, and sensory characteristics. Examples include soft, semi-soft, and hard cheeses, whether ripened or unripened.

However, the bill excludes explicitly several products commonly associated with processed cheese, such as:

• Pasteurized process cheeses and spreads
• Pasteurized blended cheeses
• Cold pack cheeses
• Grated American cheese food
• Industry Implications

Under the CURD Act, any cheese labeled “natural” must adhere to the new definition, ensuring that consumers are not misled by products that fall outside these criteria. Products violating this labeling requirement would be considered misbranded under the Federal Food, Drug, and Cosmetic Act.

The legislation also introduces national uniformity in labeling by preempting state laws that might conflict with the new federal definition of “natural cheese.”

The CURD Act has received strong bipartisan backing, particularly from legislators representing states with robust dairy industries. Baldwin, a prominent advocate for dairy farmers, noted that the legislation is essential to protect the integrity of natural cheese and the livelihoods of those who produce it.

The bill has been referred to the Senate Committee on Health, Education, Labor, and Pensions for further consideration. If passed, the CURD Act will bring much-needed regulatory clarity to an industry that has long operated without a standardized definition of “natural cheese.”

This legislation underscores Congress’s commitment to supporting agricultural producers while ensuring consumers have accurate, reliable information about the food they purchase.