,i #aafth ,,congress #ast ,session ,h4 ,r4 #agfi ,,in ,,the ,,house ,,of ,,representatives ,march #ad1 #bjai,mr4 ,welch 7for himself1 ,mr4 ,simpson1 ,mr4 ,gallagher1 ,mr4 ,grothman1 ,ms4 ,stefanik1 ,mr4 ,duffy1 ,mr4 ,courtney1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,larsen of ,washington1 ,mr4 ,kind1 ,ms4 ,del,bene1 ,mr4 ,kildee1 ,mr4 ,schrader1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,marshall1 ,mr4 ,reed1 ,mr4 ,peterson1 ,mr4 ,sensenbrenner1 ,mr4 ,brindisi1 ,mr4 ,gibbs1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,tonko1 ,mr4 ,collins of ,new ,york1 ,mr4 ,cartwright1 ,mr4 ,mitchell1 ,mr4 ,long1 ,mr4 ,moolenaar1 ,mr4 ,smucker1 ,mr4 ,newhouse1 and ,mr4 ,delgado7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require enforcement against misbranded milk alternatives4 #a4 ,short title ,this ,act may be cited as the ,defending ,against ,imitations and ,replacements of ,yogurt1 ,milk1 and ,cheese ,to ,promote ,regular ,intake of ,dairy ,everyday ,act or the ,,dairy ,,pride ,act4 #b4 ,findings ,congress finds as follows3 7#a7 ,dairy products are an important part of a healthy diet for both children and adults1 according to the #bjae-bjbj ,dietary ,guidelines for ,americans 7referred to in this section as the ,dietary ,guidelines7 published by the ,department of ,health and ,human ,services and the ,department of ,agriculture4 ,the ,dietary ,guidelines state that most ,americans are not meeting recommended intake for the dairy food group4 ,consumption of dairy foods provides numerous health benefits1 including lowering the risk of diabetes1 metabolic syndrome1 cardiovascular disease1 and obesity4 7#b7 ,the ,dietary ,guidelines state that dairy foods are excellent sources of critical nutrients for human health1 including vitamin ,d1 calcium1 and potassium1 all of which are under consumed by people of the ,united ,states4 ,when consumed in the amounts recommended by the ,food ,patterns of the ,department of ,agriculture1 on average across the calorie levels1 dairy foods contribute about #fg percent of calcium1 #fd percent of vitamin ,d1 and #ag percent of magnesium4 7#c7 ,about #cj percent of adolescent boys meet or exceed the recommended #c-;cup equivalents per day1 but less than #aj percent of adolescent females meet or exceed this recommendation4 ,an age-related decline in dairy intake appears to begin in adolescence and intakes persist at very low levels among adult females across the age distribution4 ,less than #e percent of adult females consume the recommended #c-;cup equivalents per day4 ,overall1 more than #hj percent of the entire population of the ,united ,states does not meet the daily dairy intake recommendation4 7#d7 ,the ,dietary ,guidelines state that vitamin ,d and potassium amounts vary across plant-based milk alternatives4 ,the amount of calcium per calorie is lower for most plant-based alternative milk products4 ,to obtain the amount of calcium contained in one cup of non-fat fluid milk from a plant-based milk alternative1 the portion size and calorie intake must be greater4 7#e7 ,imitation dairy products1 such as plant-based products derived from rice1 nuts1 soybeans1 hemp1 coconut1 algae1 and other foods that imitate milk1 yogurt1 and cheese1 often do not provide the same nutrition content as real milk1 cheese1 and yogurt derived from dairy cows4 7#f7 ,plant-based products labeled as milk are misleading to consumers4 7#g7 ,the ,food and ,drug ,administration has regulations that define milk and cream as the lacteal secretion1 practically free from colostrum1 obtained by the complete milking of one or more healthy cows 7section #aca4aaj of title #ba1 ,code of ,federal ,regulations74 ,this definition further applies to milk used to create other dairy products1 including yogurt and cheese1 as specified in sections #aca and #acc of title #ba1 ,code of ,federal ,regulations4 7#h7 ,given the proliferation of plant-based products in the marketplace that are mislabeled as milk despite the standard of identity defined for this substance1 enforcement by the ,food and ,drug ,administration against these practices should be improved to avoid misleading consumers4 #c4 ,purpose ,no food may be introduced or delivered for introduction into interstate commerce using a market name for a dairy product if the food does not meet the criterion set forth for dairy products under paragraph 7z77#b7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 7as added by section #d7;a774 #d4 ,enforcement of definition 7a7 ,in general ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 7#a7 ,if it uses a market name for a dairy product described in subparagraph 7#c7 and the food does not meet the criterion for being a dairy product1 as described in subparagraph 7#b74 7#b7 ,for purposes of this paragraph1 a food is a dairy product only if the food is1 contains as a primary ingredient1 or is derived from1 the lacteal secretion1 practically free from colostrum1 obtained by the complete milking of one or more hooved mammals4 7#c7 ,a market name for a dairy product described in this subparagraph means the dairy product terms described in parts #aca and #acc of subchapter ,b of chapter ,i of title #ba1 ,code of ,federal ,regulations1 and sections #ace4aaj1 #ace4aae1 and #ace4adj of title #ba1 ,code of ,federal ,regulations 7or any successor regulations71 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 7as described in subparagraph 7#b77 as the primary ingredient4 4 7b7 ,guidance ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7#a7 not later than #ij days after the date of enactment of this ,act1 issue draft guidance on how enforcement of the amendment made by subsection 7a7 will be carried out2 and 7#b7 not later than #ahj days after the date of enactment of this ,act1 issue final guidance on such enforcement4 7c7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall report to ,congress on enforcement actions taken under paragraph 7z7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by this ,act1 including warnings issued pursuant to such paragraph and penalties assessed under section #cjc of such ,act 7#ba ,u4,s4,c4 #ccc7 with respect to such paragraph4 ,if food that is misbranded under section #djc7z7 is offered for sale in interstate commerce at the time of such report1 the ,commissioner of ,food and ,drugs shall include in such report an updated plan for enforcement with respect to such food4