Feingold bill would alter cheese labeling

WASHINGTON — A senator from Wisconsin is taking another swing at legislation to curb the use of milk protein concentrate in cheese, putting that issue in play in both the nation's capital and in Albany.

Sen. Russell D. Feingold, D-Wis., proposed a bill to prevent the labeling of cheese as "natural" or "domestic" if its makers use MPC or other high-protein dairy additives.

The legislation, which has had the support of Sen. Charles E. Schumer, D-N.Y., in past years, is similar to a measure that state Sen. Darrel J. Aubertine, D-Cape Vincent, introduced in Albany recently — and which generated uncharacteristic opposition from farm groups.

At issue is the largely imported supply of MPC and other high-protein milk byproducts that become ingredients in cheese, other dairy products, energy bars and other food. Critics say the imports take the place of milk produced by U.S. farmers and come from sources that may or may not adhere to food safety regulations as tight as those in the United States.

"The import of milk protein concentrates and casein, which can substitute for domestic milk in many food products, continues to put pressure on our farmers and can threaten the integrity of our dairy products," Mr. Feingold said in a press release.

He cited the recent adulteration of milk with melamine in China as an example of the potential dangers of imported dairy products.

Mr. Feingold has enjoyed support from farm groups for his legislation, which addresses a frustrating issue for dairy farmers. And Mr. Schumer has been a consistent supporter, although his name did not appear on the latest version and his office had no immediate information about his position. Former Sen. Hillary Rodham Clinton, D-N.Y., supported it.

Nonetheless, the bill never has gained much traction. Milk processors strongly oppose it, and the National Milk Producers Federation — which represents farmer-owned bargaining cooperatives — has never enthusiastically sought to fight MPC through labeling.

Despite many farmers' unease about imports, New York Farm Bureau rebuked Mr. Aubertine's bill, which differs from Mr. Feingold's in some details but is based on the same purpose. Mr. Aubertine's bill would prevent cheese makers from calling their product cheese on labels if they add MPC or casein.

Mr. Aubertine wrote to Mr. Feingold on Thursday in support and said in a statement, "Imported MPCs and caseins are still an issue of concern for dairy farmers, who have been among the hardest hit in this economic downturn, and this shows we have some momentum."

Mr. Aubertine's predecessor, state Sen. James W. Wright, R-Watertown, proposed similar legislation in 2003 that was vetoed by Gov. George E. Pataki. That legislation stated, in part, "the term 'milk' shall not include any product that contains milk protein concentrates, casein or caseinates."

At that time, dairy processors were using — but not making — MPC in New York. But now, Farm Bureau officials say restrictions on MPC could choke a budding industry, as production has started in Western New York.

In the past, MPC production has not been profitable in the United States, food companies say, because federal dairy policy encourages milk to be made into nonfat dry milk instead.

Nationwide, though, imports of MPC and casein grew in the last quarter of 2008, the federal government reported.