PRINTER'S NO. 1459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
222
Session of
2019
INTRODUCED BY LAWRENCE, CAUSER, PASHINSKI, BERNSTINE,
CALTAGIRONE, DeLUCA, FEE, GREGORY, HEFFLEY, HERSHEY,
HICKERNELL, KAUFFMAN, LONGIETTI, MASSER, MILLARD, B. MILLER,
MOUL, OWLETT, PICKETT, RYAN, SNYDER, TOPPER AND ZIMMERMAN,
APRIL 17, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 17, 2019
A RESOLUTION
Urging the Congress of the United States and the United States
Food and Drug Administration to take immediate action to
defend this nation's dairy farmers by enforcing a standard of
identity for the term "milk."
WHEREAS, Pennsylvania ranks second in the nation in the
number of dairy farms statewide, with 525,000 cows producing
more than 10.8 billion pounds of milk annually; and
WHEREAS, This Commonwealth's dairy farms generate an
estimated 52,000 jobs and $14.7 billion in economic activity;
and
WHEREAS, Prices paid to this Commonwealth's dairy farmers are
at an unsustainably low level, with national and international
market forces creating undue pressure on wholesale prices; and
WHEREAS, A 2017 survey of nearly 1,000 Pennsylvania dairy
producers by the Center for Dairy Excellence indicates that 14%
anticipate exiting the industry in the next five years; and
WHEREAS, The United States Food and Drug Administration
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
oversees standards of identity for food products sold across the
United States to ensure uniformity and to prevent confusion in
the marketplace, and enforces specific standards for a variety
of terms, including, but not limited to, "whiskey," "macaroni,"
"marshmallow" and "egg white"; and
WHEREAS, The marketplace has seen a dramatic increase in the
prevalence of plant-based drinks labeled as milk, including soy
milk, almond milk, walnut milk, cashew milk, hemp milk and oat
milk, with many arguing that these plant-based, so-called milks
are harming dairy producers by generating confusion in the
marketplace as to what exactly constitutes milk; and
WHEREAS, A clear definition of what constitutes milk will
benefit both consumers and dairy farmers by ensuring a
consistent understanding of what is and is not milk; and
WHEREAS, Significant bipartisan support to address this issue
exists within the Congress of the United States, as demonstrated
by a December 2016 letter to the United States Food and Drug
Administration signed by more than 30 members of Congress from
both political parties that states, in part, "the use of the
term 'milk' by manufacturers of plant-based products is
misleading to consumers, harmful to the dairy industry, and a
violation of milk's standard identity."; and
WHEREAS, Legislation introduced by Wisconsin Senator Tammy
Baldwin, known 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, states in
part:
[i]mitation dairy products, such as plant-based products
derived from rice, nuts, soybeans, hemp, coconut, algae, and
other foods that imitate milk, yogurt and cheese, often do
20190HR0222PN1459 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
not provide the same nutrition content as real milk, cheese,
and yogurt derived from dairy cows . . . [p]lant-based
products labeled as milk are misleading to consumers . . .
[t]he Food and Drug Administration has regulations that
define milk . . .[g]iven the proliferation of plant-based
products in the marketplace that are mislabeled as milk
despite the standard of identity defined for this substance,
enforcement by the Food and Drug Administration against these
practices should be improved to avoid misleading consumers;
and
WHEREAS, The Pennsylvania House of Representatives stands in
strong support of Pennsylvania dairy farmers and reasonable
actions that can be taken to promote and support the overall
financial health of farmers while ensuring a reliable and cost
effective supply of food products for the residents of this
Commonwealth; therefore be it
RESOLVED, That the House of Representatives urge the Congress
of the United States and the United States Food and Drug
Administration to take immediate action to defend this nation's
dairy farmers by enforcing a standard of identity for the term
"milk"; and be it further
RESOLVED, That the House of Representatives urge the Congress
of the United States to take all necessary steps to protect
dairy farmers by ensuring the well-defined and proper use of the
term "milk" in the commercial trade of this nation; and be it
further
RESOLVED, That the House of Representatives urge the United
States Food and Drug Administration to take all necessary steps
to update and enforce the standard of identity as it relates to
the term "milk" with regard to ensuring clarity in the
20190HR0222PN1459 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
marketplace and to reinforce the traditional standard definition
of "milk" versus plant-based, so-called milks; and be it further
RESOLVED, That a copy of this resolution be transmitted to
the president pro tempore of the United States Senate, the
Speaker of the United States House of Representatives, the
Secretary of the United States Department of Health and Human
Services, the Commissioner of the United States Food and Drug
Administration and each member of Congress from Pennsylvania.
20190HR0222PN1459 - 4 -
1
2
3
4
5
6
7
8