Bipartisan Group of Lawmakers Reintroduce Bill to Protect Common Names

The National Milk Producers Federation (NMPF), U.S. Dairy Export Council (USDEC), and Consortium for Common Food Names (CCFN) praised yesterday’s reintroduction of the Safeguarding American Food and Export Trade Yields Act (SAFTEY Act).

Led by Senators John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, in the Senate and Representatives Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, in the House, the bipartisan legislation would direct USDA to partner with the U.S. Trade Representative (USTR) to prioritize the protection of common names like “parmesan” and “bologna” in international trade negotiations.

“For years, many foreign countries have succumbed to the EU pressures to exploit geographical indication rules to confiscate common food and beverage names that American and foreign producers in the new world have used for generations,” said Jaime Castaneda, Executive Director of CCFN. “This lack of action has cost U.S. producers too much for too long. The Safeguarding American Food and Export Trade Yields Act is a critical step toward ensuring that American producers can count on their government to establish a policy of fairness in the global market. We thank Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta for their steadfast support.”

Since 2009, the EU has used trade negotiations and geographical indication (GI) rules to confiscate common names for their own producers—essentially monopolizing certain products in specific markets. For American farmers and manufacturers, this has led to lost commercial opportunities overseas and expensive fights domestically. The EU has escalated this campaign in recent years, coercing third-party countries to adopt the EU’s GI rules as part of trade negotiations.

“When the EU restricts our ability to market and sell our cheeses using ‘parmesan,’ ‘feta,’ and ‘asiago,’ it costs U.S. dairy producers markets and consumers that our members have built up over years,” said Krysta Harden, President and CEO of USDEC. “It is past time that the U.S. government take a more proactive approach to tackling this challenge. A new emphasis on common name protections—headlined by the SAFETY Act—will ensure that our producers can compete on a more level playing field around the world. Thank you to Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta for leading this important effort.”

By amending the Agricultural Trade Act of 1978, the legislation defines “common names” and directs USDA to join forces with USTR to proactively defend these terms in export markets. Originally introduced in May 2023, the bill represents the first farm bill effort on common names.

“Losing the right to use common names has direct, on-the-ground consequences for U.S. dairy farmers,” said Gregg Doud, President and CEO of NMPF. “We appreciate Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta taking up this fight. U.S. producers deserve fair competition. The SAFETY Act is an important milestone to making that a reality.”

Work Continues to Fight EU Cheese Name Monopoly Tactics

As a part of NMPF’s continued fight to preserve U.S. dairy companies’ rights to use common food names like “parmesan” and “feta,” NMPF highlighted for the U.S. government examples of continued European Union abuse of geographical indicators (GIs) to seize market share in third-country markets. NMPF provided several examples of GI misuse in Jan. 31 comments for USTR’s Annual Special 301 Report on intellectual property issues. The comments pointed to a more detailed filing from the Consortium for Common Food Names (CCFN), the independent, international organization staffed by NMPF’s trade policy team.

The CCFN comments urged the administration to fight the EU’s name monopolization effort by securing “firm and explicit commitments assuring the future use of specific generic food and beverage terms” from U.S. trade partners. This approach has strong bipartisan support in Congress – in letters NMPF and CCFN spearheaded in 2020, over 160 Senators and Representatives called for a proactive approach to common name protections to foster a more equal playing field for American-made products in international markets.