This legislation seeks to ensure that only products meeting specific criteria can use standardized dairy product names, thereby preventing the misbranding of non-dairy alternatives. It amends Section 403 of the Federal Food, Drug, and Cosmetic Act, establishing that a food is a dairy product only if it is, contains as a primary ingredient, or is derived from, the lacteal secretion of one or more hooved mammals. Consequently, foods not meeting this definition are prohibited from using names for standardized dairy products as defined in federal regulations. To facilitate implementation, the Secretary of Health and Human Services is required to issue draft guidance on enforcement within 90 days and final guidance within 180 days of enactment, nullifying any inconsistent prior guidance. Furthermore, the Secretary must report to Congress within two years on all enforcement actions taken, including warnings and penalties. This report must also include an updated enforcement plan if misbranded foods are still being sold in interstate commerce.
This legislation seeks to ensure that only products meeting specific criteria can use standardized dairy product names, thereby preventing the misbranding of non-dairy alternatives. It amends Section 403 of the Federal Food, Drug, and Cosmetic Act, establishing that a food is a dairy product only if it is, contains as a primary ingredient, or is derived from, the lacteal secretion of one or more hooved mammals. Consequently, foods not meeting this definition are prohibited from using names for standardized dairy products as defined in federal regulations. To facilitate implementation, the Secretary of Health and Human Services is required to issue draft guidance on enforcement within 90 days and final guidance within 180 days of enactment, nullifying any inconsistent prior guidance. Furthermore, the Secretary must report to Congress within two years on all enforcement actions taken, including warnings and penalties. This report must also include an updated enforcement plan if misbranded foods are still being sold in interstate commerce.