,,ii  #aahth ,,congress  #ast ,session  
,s4 #edi  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bh1      
#bjbc,ms4 ,baldwin 7for herself1 ,mr4   
,risch1 ,ms4 ,collins1 ,mr4 ,welch1 ,mr4
 ,king1 ,ms4 ,stabenow1 ,mr4 ,crapo1    
,mr4 ,marshall1 ,ms4 ,smith1 ,mr4 ,lujn1
 and ,mr4 ,rounds7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,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 ,dietary ,guidelines for         
,americans1 #bjbj-bjbe 7referred to in  
this section as the ,dietary            

,guidelines7 published by the           
,department of ,agriculture and the     
,department of ,health and ,human       
,services4 ,the ,dietary ,guidelines    
state that most ,americans are not      
meeting recommended intake for the dairy
 food group4  7#b7 ,consumption of dairy
 foods provides numerous health         
benefits1 including lowering the risk of
 diabetes1 metabolic syndrome1          
cardiovascular disease1 and obesity4    
7#c7 ,the ,dietary ,guidelines state    
that dairy foods are 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 ,even though      
average consumption falls short of      
amounts recommended by the ,food        
,patterns of the ,department of         
,agriculture1 on average across the     
calorie levels dairy foods still        
contribute about #fh percent of calcium1
 #gf percent of vitamin ,d1 and #ca     
percent of magnesium4  7#d7 ,beginning  

at age #i and persisting throughout     
every subsequent life-stage1 individuals
 in the ,united ,states on average fail 
to meet the recommended amount of dairy 
intake for their age group1 according to
 the ,dietary ,guidelines4 ,the ,dietary
 ,guidelines note the gap between       
recommended and current intake of dairy 
widens throughout life stages and find  
the age-related decreasing intake of    
dairy for youth ages #b through #ah to  
be notable and concerning4 ,overall1    
approximately #ij percent of the entire 
population of the ,united ,states does  
not meet the daily dairy intake         
recommendation4  7#e7 ,the ,dietary     
,guidelines state that the nutrient     
composition of dairy foods highlights   
the importance of adequate consumption1 
finding this to be especially relevant  
for the intake of calcium and vitamin ,d
 throughout an individual's life4 ,the  
,dietary ,guidelines note that calcium  
and vitamin ,d are important at any age1
 that adolescents have an increased need

 for these nutrients to support accrual 
of bone mass1 and that adults should    
give particular attention to consuming  
adequate amounts of foods with these    
nutrients to promote optimal bone health
 and prevent the onset of osteoporosis4 
,yet1 close to #cj percent of men and   
#fj percent of women older than age #ai 
do not consume enough calcium1 and more 
than #ij percent do not consume enough  
vitamin ,d4 ,according to the ,dietary  
,guidelines1 dietary patterns that do   
not meet recommended consumption amounts
 for food groups and subgroups which    
include sources of calcium and vitamin  
,d1 such as dairy foods1 contribute to  
low intake of these nutrients4  7#f7    
,the ,dietary ,guidelines state that    
many products sold as milks but made    
from plants 7e4g41 almond1 rice1        
coconut1 oat1 and hemp milks7 do not    
have an overall nutritional content     
similar to real milk and that most have 
significantly less protein than real    
milk and are not always fortified with  

calcium and vitamin ,d4 ,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 nonfat fluid    
milk from a plant-based milk            
alternative1 the portion size and       
calorie intake must be greater4  7#g7   
,similarly1 imitation dairy products1   
such as plant-based products derived    
from rice1 nuts1 hemp1 coconut1 algae1  
and other foods that imitate milk1      
yogurt1 and cheese1 often do not provide
 the same nutrition content as real     
cheese and yogurt derived from dairy    
cows4  7#h7 ,plant-based products       
labeled as milk are misleading to       
consumers4  7#i7 ,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#aj7 ,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  7#a7 ,new 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     
7#b7 ,effect on certain previous        
guidance ,effective on the date of      
enactment of this ,act1 any guidance    
issued by the ,secretary of ,health and 
,human ,services1 acting through the    
,commissioner of ,food and ,drugs1 that 
is not consistent with paragraph 7z7 of 
section #djc of the ,federal ,food1     
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4
 #cdc71 as added by subsection 7a71     

shall have no force or effect4  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