DAIRY PRIDE Act

[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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