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CURD Act Would Restrict Use of “Natural Cheese” Labels to Certain Dairy Products

The “Codifying Useful Regulatory Definitions (CURD) Act” would amend the Food, Drug, and Cosmetic Act to define the term “natural cheese” as cheese that is produced from animal milk or certain dairy ingredients and is produced in accordance with established cheese-making standards. The bill was introduced by Representatives Mike Gallagher, Jim Costa, Bryan Steil, Angie Craig, Glenn Grothman, Jimmy Panetta, and Scott Fitzgerald. The bill has not yet been assigned a number or referred to a committee.

Perdue Farms Petitions USDA to Define “Free Range” and “Pasture Raised”

Perdue Farms, LLC has submitted a petition for rulemaking to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) requesting that FSIS define separate “free range” and “pasture raised” claims for meat and poultry products. The petition also requests that FSIS update its guidance on claims related to living/raising conditions to ensure that the claims align with consumer expectations.

Bill Would Modify Requirements for “Product of the U.S.A” Labeling on Beef

House Resolution 1604, the “USA Beef Act,” would amend the Federal Meat Inspection Act to require that beef products must come from cattle “exclusively born, raised, and slaughtered in the United States” in order to bear a “Product of the U.S.A.” label. It is unclear how these requirements would apply to cultivated beef products. The bill was introduced by Representative Matthew Rosendale and has been referred to the House Committee on Agriculture. Bill text is not yet publicly available.

FSIS Proposes New Criteria for ‘Made in the USA’ and ‘Product of USA’ Meat Labeling

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a proposal to amend regulations defining the conditions under which the labeling of meat, poultry, and egg products, as well as voluntarily-inspected products, may bear voluntary label claims indicating that the product is of United States origin. Under the proposed rule, two specific voluntary U.S.-origin label claims, “Made in the USA” and “Product of USA,” would be generically approved for use on FSIS-regulated products derived from animals “born, raised, slaughtered, and processed in the United States.” Under current regulations, meat, poultry, and egg products from animals born, raised, and slaughtered in countries such as Brazil still can carry US country of origin labels if they merely are processed and packaged in the United States. It is unclear if this new rule also would prevent US-produced cultivated meat and poultry products from using “Made in the USA” and “Product of USA” labels in the future given that those meat products may not involve the birth or slaughter of an animal. FSIS is accepting public comments through May 12, 2023.

New Bill Calls for Ban on Using Meat-Related Terms for Plant-Based Items in Italy

A new law has been proposed in Italy that would impose strict labeling rules to prevent plant-based products from using “meat-related” terms. The move echoes similar attempts in France and South Africa to restrict terms such as “burger,” “bacon,” and “sausage” for use by the plant-based meat sector. According to the proposal, the bill is aimed at protecting ‘national livestock heritage,’ citing concerns about the potential for vegan meat to mislead consumers. Animal welfare and environmental advocacy groups have criticized the bill, saying it could slow the growth of the plant-based food market and harm European Union plans for a sustainable food system.

US Food and Drug Administration Releases Draft Guidelines for Plant-Based Milk Labelling

The US Food and Drug Administration (FDA) has released its draft guidelines for the labelling of plant-based milk alternatives, and has declared that such alternatives (including almond, cashew, soy, and other plant-based milks) may continue to label themselves as milk. The FDA notes that this guidance is meant to “provide industry with recommendations that will result in clear labeling to empower consumers with information to help them make more informed purchasing decisions.” They also recommend that most alternatives with the term “milk” in their name include a nutrition statement that communicates how the product compares with dairy milk. These guidelines follow an FDA notice requesting comment from the public to gain insight into how consumers view, use and understand various aspects of plant-based dairy alternatives in 2018, which received over 13,000 comments.

FDA Opens Public Comment Period on Labeling of Plant-Based Milk Alternatives

The Food and Drug Administration (FDA) announced draft industry guidance entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” The draft guidance notably proposes that plant-based milk products continue to be sold and labeled as “milk” in marketing and packaging materials. The document also recommends voluntary packaging statements conveying how plant-based milk alternatives nutritionally compare with standard cow’s milk. FDA is accepting comments through April 24, 2023, and is particularly interested in input on nutritional disclosure information.

Iowa Bill Would Prohibit Schools from Serving Cultivated Meats or Plant-Based Foods Using Traditional Animal-Based Terms

Iowa House File 377 would prohibit the state’s Department of Education from serving cultivated meats or plant-based alternatives in schools if they are described as “eggs, meat, burgers, or other terms commonly used to reference animal-based food products.” The bill claims that “providing such foods as an option for children at schools is an insult to the dignity of [Iowa’s] families[.]” The bill has been referred to the House Education Committee.