“To require enforcement against misbranded egg alternatives.”
No CRS summary available for this bill.
This section sets forth congressional findings on the nutritional value of eggs and egg products as affordable, protein-rich foods (including iron, zinc, choline, and long-chain polyunsaturated fatty acids for infant brain development) per the Dietary Guidelines for Americans, 2020–2025; their superiority to plant-sourced egg product alternatives in essential amino acids and digestibility; and the need for truthful labeling of such alternatives to avoid misleading consumers (including those with food allergies).
This section prohibits introducing or delivering for introduction into interstate commerce any food using a market name for an egg or egg product unless the food meets the criterion specified for eggs or egg products under new paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as added by section 4(a).
This section amends the Federal Food, Drug, and Cosmetic Act to establish a new misbranding provision (new §403(z)) prohibiting use of a market name for an egg or egg product (e.g., terms in 21 CFR part 160 or 9 CFR §590.5 or the common name "egg") unless the food is the reproductive output of avian poultry species (including albumen or yolk encased in a calcium-based shell) or an egg product as defined in 21 CFR part 160 (or successor regulations). (Thus, plant-based, cell-cultured, or other non-avian foods may not use such terms and are subject to enforcement under existing FFDCA provisions, including injunctions, seizures, and penalties.) The section further directs the Secretary of Health and Human Services, acting through the FDA Commissioner, to (1) issue draft enforcement guidance within 180 days of enactment and final guidance within one year; (2) nullify any prior inconsistent guidance on eggs or egg products effective immediately upon enactment; and (3) submit to Congress, within two years of enactment and in consultation with USDA's Food Safety and Inspection Service, a report on enforcement actions (including warnings issued and penalties assessed under FFDCA §303) and, if applicable, an updated plan for addressing ongoing interstate sales of misbranded food under new §403(z).