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Code · BILL · 117th Congress · H.R. 2803 (Introduced in House) — To address the impact of climate change on agriculture, and for other purposes. · Sec. 501

Sec. 501. Animal raising claims

1,093 words·~5 min read·/bill/117/hr/2803/ih/section-501

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The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq.) is amended by adding at the end the following: In order to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims, the Secretary, acting through the Administrator of the Agricultural Marketing Service in coordination with the Administrator of the Food Safety and Inspection Service, shall establish, not later than 2 years after the date of the enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements — mandatory standards with respect to animal raising claims that may be made on the labeling of any meat food products or poultry product; procedures to verify any such claims prior to the use in commerce of any meat food product or poultry product bearing labeling with such a claim; procedures whereby any such verification is subsequently incorporated seamlessly with labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.); and on-farm and supply chain auditing and verification procedures for ensuring the truthfulness of such claims.
In developing and approving animal raising claim standards under subsection (a), the Secretary shall include standards relating to— diet claims, including grass-fed, vegetarian-fed, and fed no animal byproducts; living and raising condition claims, including but not limited to cage free, free range, and pasture raised; antibiotic and hormone claims, including but not limited to raised without antibiotics, no hormones added (beef cattle, sheep), and raised without growth promotants; source claims demonstrating the animal can be traced back to its farm of origin from birth to slaughter; age claims; animal welfare claims; environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; breed claims; and any other such claim as the Secretary determines is appropriate.
A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party so long as— the claim is made consistent with standards established by the Secretary pursuant to subsection (a); and the procedures used by such third party for purposes of that verification and any subsequent auditing are equivalent (as determined by the Secretary) to the procedures used by the Secretary for that verification and auditing. To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim, submit to the Secretary prior to using the product that is the subject of such animal raising claim the following documentation to support such claim— detailed written descriptions explaining the controls used for ensuring that the raising claim is valid from birth to harvest or the period of raising being referenced by the claim; a signed and dated document describing how the animals are raised to support that specific claim made is truthful and not misleading; a written description of the product tracing and segregation mechanism from time of slaughter or further processing through packaging and distribution; a written description for the identification, control, and segregation of non-conforming animals or products; and if a third party certifies a claim, a current copy of the certificate.
Nothing in this section shall be construed to alter the authority of the Secretary under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et. seq.). The Secretary shall ensure consistency between the animal raising claims standards established pursuant to subsection
(a)and the Organic Food Production Act of 1990 ( 7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. Beginning on the date that is three years after the date of the enactment of this Act— in the case of a domestic meat food product or poultry product— a person may sell or label a meat food product or poultry product with an animal raising label claim only if such products is produced and handled in accordance with the standards established pursuant to subsection (a); and no person may sell or label a meat food product or poultry product with an animal raising label claim that is not in compliance with such standards; and in the case of an imported meat food product or poultry product, such a product may be sold or labeled with animal raising label claims if the Secretary determines such product has been produced and handled under a verification program that provides safeguards and guidelines that are at least equivalent to the requirements of the standards established pursuant to subsection (a). Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim, except in accordance with this subtitle, shall be assessed a civil penalty of not more than $10,000. Any person who after notice and an opportunity to be heard, has been found by the Secretary to makes a false, fraudulent, or fictitious statement to the Secretary, a governing Federal or State official, or a third-party certifier, or conceals, covers up, falsifies, or deceives a material fact to the Secretary, a governing Federal or State official, or a third-party certifier with respect to an animal raising claim subject to the requirements of this subtitle shall be subject to a penalty specified in section 1001 of title 18, United States Code. There are authorized to be appropriated to carry out this subtitle such sums as may be necessary. This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.). In this subtitle: The term animal raising claim means a statement on the labeling of meat food products or poultry products used in interstate commerce that reference the way that the source animal for a meat food product or poultry product was raised, including production practices that were used, such as living or raising conditions, the breed, or the location or source of where the product is born, raised, and processed. The term meat food product has the meaning given such term in section 1(j) of the Federal Meat Inspection Act ( 21 U.S.C. 601(j) ). The term poultry product has the meaning given such term in section 4(f) of the Poultry Products Inspection Act ( 7 U.S.C. 453(f) ). .
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