New Meat Labeling Requirements under the FAIR Act

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Alternative Meat Labeling Bill Introduced in House and Senate

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Friday, February 16, 2024

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On January 30, 2024, the Fair and Accurate Ingredient Representation on Labels Act (“FAIR Act“) was introduced in the House and Senate. The FAIR Act calls for new labeling requirements for cell-cultured meat and plant-based meat alternative (PBMA) products, including use of terms like “imitation” and “cell-cultured” on labels.
The measure addresses PBMAs in the following ways:
- Defines “imitation meat/poultry” as any food that “uses a market name, descriptors, or iconography for, or is otherwise represented as meat or poultry; is manufactured to appear as a meat or poultry; or approximates the aesthetic qualities (primarily texture, flavor, and appearance) or chemical characteristics of specific types of meat or poultry – but does not contain any meat or poultry.”
- Requires that products be designated as either “imitation,” or some other descriptive term, such as “black bean burger” or “meatless chicken tenders.”
- Requires disclaimers to be included on label indicating that the product does not contain meat or poultry.
- Expands the authority of the U.S. Department of Agriculture (USDA) over meat and poultry to include PBMAs.
The measure addresses cell-cultured products in the following ways:
- Defines “cell-cultured products” as “any product capable of being used as a human food that “is made wholly or in part from any cell culture or the DNA of an amenable species or live bird” and that “is grown or cultivated outside of the live animal from which the cell culture or DNA was acquired.”
- Provides USDA with clear authority over labeling and directs the agency to require the words “cell-cultured” or “lab-grown,” in type of uniform size and prominence, to be included immediately adjacent to the name of the food on its label.
- Codifies the current “shared regulation of lab-grown meat and poultry” between the U.S. Food and Drug Administration (FDA) and USDA, though USDA will retain authority over labeling.
The bill has received support from agriculture, poultry, and livestock trade groups, though the Plant-Based Foods Association (PBFA) has voiced its opposition, arguing the Act will unfairly target the growing plant-based food industry.