Sec. 2. Findings
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The Congress finds the following: 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. 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).
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. 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.
Both USDA and FDA are responsible for enforcing a universal standard that labels are truthful and not misleading. Several applicable terms are defined in law or regulation including— the term meat food product defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ); the terms meat , meat broker , and meat byproduct defined in section 301.2 of 17 title 9, Code of Federal Regulations; 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 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 ).
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. 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.
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.
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- 52 Stat. 1040
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