The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has partially granted a petition filed by the Center for Science in the Public Interest (CSPI) about the use of "No Nitrate or Nitrite Added" and "Uncured" on labels for "products that have been processed using any source of nitrates or nitrites." FSIS indicated in its response letter to CSPI that it will issue a rulemaking proposing the regulation of such phrases but noted, "However, rather than requiring disclosure statements about the use of nitrate or nitrites on labels of meat and poultry products, as requested in the petition, FSIS intends to propose to amend and clarify its meat and poultry labeling regulations to establish new definitions for 'Cured' and 'Uncured.' The basis for these proposed changes would be discussed in detail in the proposed rule, which is listed in the Fall 2020 Semiannual Regulatory Agenda, with a tentative…
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A plaintiff has filed a putative class action alleging Diestel Turkey Ranch falsely markets its turkeys as "thoughtfully raised on sustainable family farms with plenty of fresh air and space to roam." Wetzel v. Diestel Turkey Ranch, No. 20-1213 (D.N.M., filed November 19, 2020). The plaintiff argues that Diestel "sources the overwhelming majority of its turkeys from growers outside of Sonora, California, at typical factory farms [], where turkeys are raised in large, overcrowded metal sheds that lack sufficient space to engage in natural behaviors and are often mired in manure and slaughterhouse waste—i.e., not ranches or ranch-like conditions depicted at the Sonora Ranch." The plaintiff alleges violations of New Mexico's false advertising law. Cargill Inc. faces similar allegations in a complaint filed with the Federal Trade Commission by several advocacy groups. "Cargill makes numerous representations that lead consumers to believe the turkeys used in its Products are raised by 'independent family…
Singapore has reportedly approved for sale a lab-grown meat product to be sold as "cultured chicken." The product, created by Eat Just, has been approved for use in chicken nuggets following a safety assessment submitted to the Singapore Food Agency's "novel food" working group. The cultured chicken will reportedly sell for a price comparable to animal-derived chicken nuggets and will be available "soon enough to begin making a reservation" at an unnamed restaurant, according to Eat Just founder Josh Tetrick.
The National American Meat Institute and the Alliance for Meat, Poultry and Seafood Innovation have urged the U.S. Department of Agriculture (USDA) to seek more information on cultured or cell-based meat and poultry products. The organizations recommend that USDA's Food Safety and Inspection Service issue an Advanced Notice of Proposed Rulemaking to obtain information about the finished products. "For cell-based/cultured products, there are several approaches to producing these products and, depending on the approach, the characteristics of some products may vary from those of conventional products, as noted by the agencies," the letter notes. " The companies developing these products are committed to supporting and complying with principles that ensure labeling is truthful and not misleading, does not disparage cell-based/cultured or conventional products, enables consumers to distinguish between such products, and is consistent with the safety and nutritional qualities of the product."
The European Parliament has reportedly voted against a ban on the use of meat terms for plant-based alternatives to meat, allowing words such as "burger," "steak" and "sausage" to be used on the packaging for plant-based foods, while passing a measure to ban the use of dairy terms on alternatives to dairy foods, such as "yogurt-style" or "cream imitation." A ban was already in place for the use of "milk" and "butter" for plant-based foods, and the passage of the measure expands the limitations.
The Food Safety and Inspection Service (FSIS), a part of the U.S. Department of Agriculture (USDA), has responded to a petition submitted by the American Veal Association aiming to establish "a regulatory definition for veal and other immature cattle that reflects established industry practices." The petition included a proposed definition and suggested subcategories for "milk-fed veal," "formula-fed veal" and "grain/grass-fed veal." "After careful consideration of the issues raised in the petition, FSIS has decided to deny your petition without prejudice," the response states. "FSIS has determined that the petition does not include the necessary consumer research or other supporting data to demonstrate that a regulatory definition for 'veal,' based primarily on the dressed carcass weight and compliance with [U.S. Food and Drug Administration] regulations, is needed to meet consumer expectations for products labeled as 'veal.' FSIS has also determined that, for labeling purposes, it is not necessary to define optional…
The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced the availability of updated guidance on importing meat, poultry and eggs into the United States. According to the announcement, "FSIS revised and reorganized a section on industry supply chain best practices; clarified approaches to levels of reinspection; added information about generic labeling approvals, food defense, slaughter dates on import certification, and barcoding; and made minor editorial changes to improve the guidance's clarity." The announcement also directly responds to several comments received on the 2017 version of the guidance.
A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a "Product of the USA" because the cattle were raised in other countries but brought to the United States for slaughter and processing. Shook attorneys represented Tyson Foods Inc. in the litigation. Lucero v. Tyson Foods Inc., No. 20-0106 (D.N.M., entered August 27, 2020). "Plaintiffs do not seek to impose equivalent requirements as those imposed by the [U.S. Department of Agriculture (USDA)] or to enforce the USDA's labeling requirements," the court stated. "Rather, they seek to impose different labeling requirements by asking this Court to declare USDA approved labels misleading. Plaintiffs' interpretation of 21 USC § 678 would render the express presumption clause a nullity." The court, holding that all of the plaintiffs' claims were preempted and that the plaintiffs failed to state a claim as a matter of law, dismissed the case with prejudice.
Upton's Naturals Co. and the Plant Based Foods Association have filed a First Amendment challenge to Oklahoma's law requiring manufacturers of plant-based meat products to include a disclaimer on the labels of products that are named after animal-derived products, such as "burgers." Upton's Naturals Co. v. Stitt, No. 20-0938 (W.D. Okla., filed September 16, 2020). The law, scheduled to take effect November 1, 2020, prohibits advertising "a product as meat that is not derived from harvested production livestock" but allows plant-based items to comply with the regulation if they display, "in type that is uniform and size and prominence to the name of the product," text informing consumers "that the product is derived from plant-based sources." Regulated words include "pork," "burgers," "hot dogs," "meatballs," "jerky," "sausages," "chorizo," "steak," "bacon" and "corned beef." "The Act is unreasonable, unnecessary, does not advance any legitimate government interest, and is not tailored to any legitimate…
The U.S. Department of Agriculture's (USDA's) Food Safety and Inspection Service (FSIS) has announced a virtual public meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI) on September 24-25, 2020. The objectives are "for the Committee to review and advise about the steps FSIS should take to ensure better control of artisanal, shelf-stable ready-to-eat (RTE) fermented, salt-cured, or dried products that rely on multiple hurdles for lethality" and to "review and advise whether the Agency should continue not to test boxed beef primal and sub-primal products for Shiga toxin-producing E. coli (STEC), if they are intended for intact cuts." USDA also announced the appointment of 10 new members to NACMPI, as well as an additional member to the National Advisory Committee on Microbiological Criteria for Foods.
