Bill Summary
This legislation, called the "Real Marketing Edible Artificials Truthfully Act of 2019" or the "Real MEAT Act of 2019," aims to amend the Federal Food, Drug, and Cosmetic Act to ensure that consumers can make informed decisions when choosing between meat products and imitation meat products. It states that labeling for imitation meat products must clearly indicate that the product is not derived from or does not contain meat, and must include the word "imitation" before or after the product name. The legislation also defines key terms such as "beef," "meat," and "imitation meat food product" to prevent confusion in the marketplace. The Secretary of Health and Human Services is responsible for identifying misbranded products and notifying the Secretary of Agriculture, who can then take enforcement actions. This legislation does not limit the authority of the Secretary of Agriculture to take additional enforcement actions under other applicable laws.
Possible Impacts
1. It could affect consumers who are trying to make informed decisions about the food they are purchasing, as they may be confused by imitation meat products that are not accurately labeled.
2. It could affect the beef industry, as it aims to prevent imitation products from being marketed as meat or beef, which could undermine the industry's market position.
3. It could also affect the FDA and USDA, as they are responsible for enforcing the labeling standards and may face challenges in determining which agency has regulatory authority over certain products.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4881 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4881
To amend the Federal Food, Drug, and Cosmetic Act to ensure that
consumers can make informed decisions in choosing between meat products
such as beef and imitation meat products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2019
Mr. Marshall (for himself and Mr. Brindisi) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to ensure that
consumers can make informed decisions in choosing between meat products
such as beef and imitation meat products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Marketing Edible Artificials
Truthfully Act of 2019'' or the ``Real MEAT Act of 2019''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Traditionally, food standards of identity and
composition have provided a framework for identifying products
and helping to ensure these products meet consumer expectations
regarding composition and characteristics, as well as safety.
(2) The legislative intent of standards of identity is to
ensure product integrity and prevent economic adulteration.
Both consumers and industry have relied on the current system
of standards since the enactment in 1938 of the Federal Food,
Drug, and Cosmetic Act (in this section referred to as the
``FFDCA'') (52 Stat. 1040).
(3) The Federal Meat Inspection Act (in this section
referred to as the ``FMIA'') grants the Department of
Agriculture (in this section referred to as the ``USDA'') sole
regulatory authority over all meat and meat food products.
(4) Section 1002 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 392) limits the regulatory authority of the Food
and Drug Administration (in this section referred to as the
``FDA'') to all meat and meat food products not otherwise
regulated by the USDA under the Federal Meat Inspection Act,
Poultry Products Inspection Act, or the Egg Products Inspection
Act.
(5) Both USDA and FDA are responsible for enforcing a
universal standard that labels are truthful and not misleading.
(6) Several applicable terms are defined in law or
regulation including--
(A) the term ``meat food product'' defined in
section 1 of the Federal Meat Inspection Act (21 U.S.C.
601);
(B) the terms ``meat'', ``meat broker'', and ``meat
byproduct'' defined in section 301.2 of 17 title 9,
Code of Federal Regulations;
(C) the term ``beef'' defined as the flesh of
cattle in section 3 of the Beef Research and
Information Act (7 U.S.C. 2902); and
(D) the term ``beef products'' defined as edible
products produced in whole or in part from beef,
exclusive of milk and milk products produced therefrom,
in such section 3 (7 U.S.C. 2902).
(7) The definitions of ``beef'' and ``beef products'' were
established under the Beef Research and Information Act for the
purpose of strengthening the beef industry's position in the
marketplace and to maintain and expand domestic and foreign
markets and uses for beef and beef products only.
(8) The lack of any Federal definition of ``beef'' or
``beef products'' for the purposes of meat food product
labeling has led some to begin marketing imitation products as
meat or beef, creating the opportunity for marketplace
confusion and consumer fraud that Congress originally charged
the various Federal food regulatory agencies with the duty to
prevent.
(9) Imitation products labeled as beef or as beef products
create confusion in the marketplace. These products are in
direct violation of the ``Congressional Findings and
Declaration of Policy'' authorized under section 2 of the Beef
Research and Information Act (7 U.S.C. 2901) and undermine the
integrity of that Act.
SEC. 3. LABELING OF IMITATION MEAT PRODUCTS.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 403C of such Act (21 U.S.C. 343-3) the following:
``SEC. 403D. LABELING OF IMITATION MEAT PRODUCTS.
``(a) In General.--Notwithstanding the provision of section 403(c),
any imitation meat food product, beef, or beef product shall be deemed
to be misbranded unless its label bears, in type of uniform size and
prominence, the word `imitation' immediately before or after the name
of the food and a statement that clearly indicates the product is not
derived from or does not contain meat.
``(b) Coordination With Secretary of Agriculture.--
``(1) Notification of misbranding.--If the Secretary of
Health and Human Services finds that food is misbranded under
subsection (a), the Secretary of Health and Human Services
shall within 60 days of such finding transmit a notice of such
finding to the Secretary of Agriculture.
``(2) Enforcement failure.--If the Secretary of Health and
Human Services fails, within 30 days of transmitting a notice
under paragraph (1), to initiate an enforcement action, the
Secretary of Agriculture may treat each such finding of
misbranding under subsection (a) of this Act as a finding of
misbranding under section 1(n) of the Federal Meat Inspection
Act.
``(c) Rule of Construction.--This section shall not be construed as
limiting the authority of the Secretary of Agriculture to take
enforcement or other action under the Federal Meat Inspection Act or
other applicable law.
``(d) Definition.--In this section:
``(1) The term `beef' or `beef product' means any product
containing edible meat tissue harvested in whole form from
domesticated Bos indicus or Bos taurus cattle.
``(2) The term `imitation meat food product' is any product
manufactured to appear as a meat food product or any food
product which approximates the aesthetic qualities (primarily
texture, flavor, and appearance) and/or chemical
characteristics of specific types of meat but does not contain
any meat, meat food product, or meat byproduct ingredients.
``(3) The term `meat' means meat as such term is used in
the Federal Meat Inspection Act.
``(4) The term `meat food product' has the meaning given to
that term in section 1 of the Federal Meat Inspection Act.''.
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