Defining cheese for the ages

Proposed CURD Act provides stability for Wisconsin, US dairy industry

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WASHINGTON — On Jan. 22, U.S. Sen. Ron Johnson of Wisconsin reintroduced the Codifying Useful Regulatory Definitions Act to the U.S. Senate — legislation he champions as being vital to Wisconsin’s cheesemakers and dairy farmers, alike.

The bipartisan bill, co-sponsored by fellow Wisconsin Sen. Tammy Baldwin, along with Sens. Ron Wyden of Oregon, James Risch and Mike Crapo, both of Idaho, and Bernie Sanders of Vermont, will create a statutory definition of natural cheeses in comparison to processed cheese products, a move Johnson says is imperative to protect Wisconsin’s cheesemaking industry in today’s ever-changing world.

“There have been efforts to define what natural food is, which gets pretty thorny with the way we process food,” Johnson said. “What is natural, versus what is really processed is going to become an even greater issue as we enter the age of ‘Make America Healthy Again.’”

Johnson said recent testimony about the legislation pointed to how European countries approve food ingredients in a much different fashion than the U.S.

“Europe has approved something on the order of 400 ingredients, while in America we use a system called ‘Generally Recognized As Safe,’ with 10,000 or so ingredients listed — that’s a huge difference,” Johnson said. “You can imagine if suddenly somebody tries to start defining what is natural versus processed or ultra-processed. It could really impact our cheese industry.”

The bill will solidify the definitions for both natural and processed cheeses the industry has been adhering to for years, according to Rebekah Sweeney, the senior director of programs and policy for the Wisconsin Cheese Makers Association.

“The dairy processing industry has used the term ‘natural cheese’ for decades to help differentiate cheese made with fresh milk and dairy ingredients from pasteurized processed cheese,” Sweeney said. “We thank Sen. Johnson and the bipartisan group of lawmakers working to codify the definition of this commonly-used term in the CURD Act, and demonstrating their support of the dairy industry and transparency in the marketplace.”

This Congressional term is not the first time the bill has made the rounds through the U.S Capitol. The CURD Act was previously passed in the Senate but did not get approval in the House of Representatives, to Johnson’s frustration.

“This is one of those rare, completely bipartisan bills,” Johnson said. “People on both sides of the issue completely agree — natural cheese producers and processed cheese producers — that we should have a definition of each. It’s just something that we ought to pass with no problem.”

The stumbling blocks the bill has run into in the past have had more to do with philosophical differences than with the intent of the bill, Johnson said.

“I have empathy for individuals who have a real problem with federal government dictating these things,” Johnson said. “That is the primary opposition.”

Previously the bill had been presented as a stand-alone piece of legislation. Johnson said that is somewhat unusual for a bill like the CURD Act, and cited that as a reason it may have gotten held up in the House. A strategy is being developed to attach it to other must-pass legislation, such as the farm bill, he said, adding he has already had discussions with the chair of the ag committee.

“There will be hurdles to overcome,” Johnson said. “But, I have overcome them before and I believe I will again. We should be able to pass it through the House as well, but it is going to take an effort.”

At this time, Johnson said he is unsure who will sponsor the bill in the House, or when it will be introduced to that chamber.

Johnson believes the legislation is worth fighting for, for the benefit of Wisconsin’s dairy industry.

“I’m from the private sector, and speaking from a business standpoint, stability is very important to doing business,” Johnson said. “The worst thing for business is volatility — rules that change can impact things. Defining these terms brings certainty to the market. That is good for dairy farmers and cheesemakers, alike.”

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