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USDA/FSIS RIN: 0583-AD87 Publication ID: Fall 2021 
Title: Voluntary Labeling of Meat Products With "Product of USA" and Similar Statements 
Abstract:

The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to define the conditions under which the labeling of meat product labels can bear voluntary statements indicating that the product is of United States (U.S.) origin, such as Product of USA, or Made in the USA.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 9 CFR 317.8   
Legal Authority: 21 U.S.C. 601, et seq.   
Legal Deadline:  None

Statement of Need:

In 2018 and 2019, FSIS received two petitions requesting that it change its policy regarding the labeling of meat products to indicate U.S. origin.  After considering the petitions and the public comments submitted in response to them, FSIS concluded that adherence to the current labeling policy guidance may be causing confusion in the marketplace with respect to certain imported meat and that the current labeling policy may no longer meet consumer expectations of what the Product of USA claim signifies. The Agency wants to ensure that any changes to its current policy are accomplished by an open and transparent process. Therefore, FSIS decided that, instead of changing the Policy Book entry, it would initiate rulemaking to define the conditions under which the labeling of meat products would be permitted to bear voluntary statements indicating that the product is of U.S. origin.

Summary of the Legal Basis:

The Federal Meat Inspection Act (21 U.S.C. 601 et seq.)

Alternatives:

FSIS has considered the current labeling guidance and the alternatives proposed in the two petitions: 1) to amend the FSIS Policy Book to state that meat products may be labeled as Product of USA only if significant ingredients having a bearing on consumer preference such as meat, vegetables, fruits, dairy products, etc., are of domestic origin and; 2) to amend the FSIS Policy Book to provide that any beef product labeled as Made in the USA, Product of the USA, USA Beef or in any other manner that suggests that the origin is the United States, be derived from cattle that have been born, raised, and slaughtered in the United States. FSIS will now be conducting a comprehensive review of origin labeling claims for meat and conducting a consumer perception survey pursuant to developing the proposed regulations.

Anticipated Costs and Benefits:

Establishments may incur costs associated with voluntarily changing their labels as a result of any revised Product of USA labeling claim definition. This proposed rule is expected to benefit consumers by providing them more specific information on what Product of USA means for single-ingredient beef and pork products

Risks:

N/A

Timetable:
Action Date FR Cite
NPRM  10/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Matthew Michael
Director, Regulations Development Staff
Department of Agriculture
Food Safety and Inspection Service
Office of Policy and Program Development, 1400 Independence Avenue SW,
Washington, DC 20250-3700
Phone:202 720-0345
Fax:202 690-0486
Email: matthew.michael@usda.gov