By SHERRY BUNTING

Special for Farmshine

WASHINGTON, D.C. — Pennsylvania’s Congressman John Joyce (R-13th) used the recent House Energy and Commerce Health Subcommittee hearing to renew pressure on FDA to enforce dairy standards of identity through the Dairy PRIDE Act. Meanwhile, lawmakers and witnesses also sparred over food chemical oversight, GRAS reform and the federal definition of “natural cheese.”

The hearing, titled “Healthier America: Legislative Proposals on the Regulation and Oversight of Food,” examined 28 food policy bills involving food additives, ingredient disclosures, infant formula safety, allergens, state-federal food safety coordination, and labeling standards.

For dairy farmers and processors, two issues dominated the discussion:

1. enforcement of dairy labeling standards;

2. legislation to formally define natural cheese.

During subcommittee questions, Rep. Joyce argued FDA has failed for years to consistently enforce standards of identity for milk and dairy products, allowing plant-based substitutes to use dairy terminology that consumers associate with real milk products. He promoted his H.R. 8414 Dairy PRIDE Act as a way to require FDA enforcement of existing dairy standards and prevent non-dairy imitation products from using dairy terms unless they meet dairy definitions.

Witnesses tied the issue directly to dairy farm economics and consumer understanding.

Chad Hamilton, testifying on behalf of the International Dairy Foods Association cheese industry board, supported separate legislation known as H.R. 1394, the CURD Act, which would establish a statutory definition for “natural cheese.”

Hamilton said processed cheese is already defined in regulation, while “natural cheese” is widely referenced throughout USDA, EPA and federal nutrition guidance without a formal legal definition. He described natural cheese as traditionally produced cheese made with milk, cultures, enzymes and salt, distinguishing it from processed cheese products that are created by blending, heating and emulsifying cheese ingredients and processed cheese food made with milk protein concentrate.

The CURD Act would allow cheeses covered by FDA standards of identity, including Cheddar, Swiss and Mozzarella, to use the “natural cheese” designation, while excluding products such as process cheese, process cheese food and process cheese spread.

In fact, while Hamilton didn’t mention the fake stuff, it is clear that defining natural cheese by how it is produced may go a long way toward giving real cheese an avenue in the marketplace to distinguish itself from plant-or-lab-based alternatives.

Hamilton noted USDA already uses the term “natural cheese” in child nutrition purchasing guidance and cold storage inventory reporting systems.

Beyond dairy, much of the hearing focused on the federal GRAS system, or “Generally Recognized As Safe,” which allows certain food ingredients and additives to enter commerce without formal FDA pre-approval.

Subcommittee Chairman Morgan Griffith said Congress originally created the GRAS framework in 1958 for common ingredients such as salt and baking soda, but lawmakers are now examining whether the system has expanded too far as increasingly complex food chemicals bypass formal FDA review.

Today, we also see fake dairy protein analogs made with the excrement of genetically engineered microbes as well as lab-created, gene-edited fake meat garnering GRAS no-questions status without FDA testing. How do we know these proteins are safe to consume?

 In fact, Farmshine’s review of recent FDA no-questions letters shows several awarded in the past three months to a foreign biotechnology firm for scientific processes that genetically alter microbes such as yeast, bacteria, and fungi to produce excrement containing bovine protein for food use.

Some in the hearing argued the current GRAS system relies too heavily on industry self-policing, but the bulk of that discussion centered on chemicals, not lab-created alternative proteins.

Scott Faber of the Environmental Working Group testified that nearly 99% of new food chemicals since 2000 have been approved for safety by food chemical companies rather than FDA. He urged Congress to require FDA review of all new food chemicals and reassessment of older chemicals already in use.

While there was agreement that reforms are needed, there was also emphasis on science-based standards, affordability, and avoiding what was described as a burdensome patchwork of state regulations.

Joseph Colalillo of ShopRite testified that differing state-by-state ingredient and labeling requirements — which are popping up across the country for not just chemicals but also in the case of states prohibiting lab-created protein or requiring strong labels — could severely disrupt grocery distribution systems and increase food costs.

He said Wakefern Food Corp., operating across nine states in the Northeast and Mid-Atlantic with roughly 51,000 grocery and frozen items, could require an additional 8.5 million square feet of warehouse space costing approximately $1.5 billion if multiple state-specific product or labeling versions became necessary.

Steven Mandernach of the Association of Food and Drug Officials reminded lawmakers that states already conduct nearly all retail food inspections, all Grade A milk inspections and most food processing inspections nationwide. He urged passage of legislation to improve federal-state information sharing during recalls and outbreaks.

The hearing reflected the divide now shaping food policy debates in Washington: whether the priority should be stronger federal oversight of food chemicals, biotech, and processing, or clearer national standards designed to avoid fragmented state regulation and preserve supply chain efficiency.

Dairy interests welcomed the renewed congressional attention to standards of identity for what legally qualifies as milk and dairy foods as well as a definition for natural cheese, and whether FDA will be pushed to enforce those definitions more aggressively in the marketplace through labeling and clear communication to consumers about what they are purchasing and consuming.

A farmer and an agricultural advisor discussing crops in a field, with Ruhl Insurance logo and banner text about farm and agri-business insurance.
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