[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2507
To require enforcement against misbranded milk alternatives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Ms. Baldwin (for herself, Mr. Risch, Ms. Collins, Mr. Welch, Ms.
Klobuchar, Mr. King, Mr. Fetterman, Mrs. Gillibrand, Mr. Crapo, Mr.
Rounds, Mr. Ricketts, Mr. Marshall, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require enforcement against misbranded milk alternatives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Against Imitations and
Replacements of Yogurt, milk, and cheese to Promote Regular Intake of
Dairy Everyday Act'' or the ``DAIRY PRIDE Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish that no food may be
introduced or delivered for introduction into interstate commerce using
a name for a standardized dairy product if the food does not meet the
criterion set forth for dairy products under paragraph (z)(2) of
section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343)
(as added by section 3(a)) or the requirements for imitation of another
food under paragraph (c) of section 403 of such Act.
SEC. 3. ENFORCEMENT OF DEFINITION.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z)(1) If it uses the name for a standardized dairy product
described in subparagraph (3) and the food does not meet--
``(A) the criterion for being a dairy product, as described
in subparagraph (2); or
``(B) the requirements for imitation of another food under
paragraph (c).
``(2) For purposes of this paragraph, a food is a dairy product
only if the food is, contains as a primary ingredient, or is derived
from, the lacteal secretion, practically free from colostrum, obtained
by the complete milking of one or more hooved mammals.
``(3) A name for a standardized dairy product described in this
subparagraph means the dairy product terms described in parts 131 and
133 of subchapter B of chapter I of title 21, Code of Federal
Regulations, and sections 135.110, 135.115, and 135.140 of title 21,
Code of Federal Regulations (or any successor regulations), or any
other term for which the Secretary has promulgated a standard of
identity with respect to a food that is formulated with a dairy product
(as described in subparagraph (2)) as the primary ingredient.''.
(b) Guidance.--
(1) New guidance.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall--
(A) not later than 90 days after the date of
enactment of this Act, issue draft guidance on how
enforcement of the amendment made by subsection (a)
will be carried out; and
(B) not later than 180 days after the date of
enactment of this Act, issue final guidance on such
enforcement.
(2) Effect on certain previous guidance.--Effective on the
date of enactment of this Act, any guidance issued by the
Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, that is not consistent with
paragraph (z) of section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343), as added by subsection (a), shall
have no force or effect.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall report to
Congress on enforcement actions taken under paragraph (z) of section
403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as
added by subsection (a), including warnings issued pursuant to such
paragraph and penalties assessed under section 303 of such Act (21
U.S.C. 333) with respect to such paragraph. If food that is misbranded
under section 403(z) of such Act is offered for sale in interstate
commerce at the time of such report, the Commissioner of Food and Drugs
shall include in such report an updated plan for enforcement with
respect to such food.
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