USDA Provides Guidance on Meat and Poultry Claims

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USDA Releases Updated Guideline Regarding Animal-Raising and Environment-Related Claims on Meat and Poultry

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

Friday, August 30, 2024

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On August 28, 2024, the U.S. Department of Agriculture (USDA) announced the availability of an updated guideline that makes recommendations to strengthen the documentation that supports animal-raising or environment-related claims on meat or poultry product labeling. According to USDA, the intent is to protect consumers from false and misleading labels.
Animal-raising claims (e.g., “Raised Without Antibiotics,” “Grass-Fed,” “Free-Range”) and environment-related claims (e.g., “Raised using Regenerative Agriculture Practices,” “Climate-Friendly”) are voluntary marketing claims that highlight certain aspects of how the source animals for meat and poultry products are raised or how the producer maintains or improves the land or otherwise implements environmentally sustainable practices. The documentation submitted by companies to support these claims is reviewed by USDA’s Food Safety and Inspection Service (FSIS) and the claims can only be included on the labels of meat and poultry products sold to consumers after they are approved by the agency.
In the updated guideline, FSIS strongly encourages the use of third-party certification and more robust documentation to substantiate animal-raising or environment-related claims.
Additionally, the updated guideline recommends that establishments using “negative” antibiotic claims (e.g., “Raised Without Antibiotics” or “No Antibiotics Ever”) implement routine sampling and testing programs to detect antibiotic use in animals prior to slaughter or obtain third-party certification that includes testing.
Public comments will be accepted and reviewed for 60 days after publishing in the Federal Register.
Keller and Heckman will continue to monitor and report on any rulemaking developments.