H.R. 8596 — FAIR Labels Act of 2026

This section directs the Secretary of Agriculture and Secretary of Health and Human Services, not later than 90 days after enactment, to revise the March 7, 2019, Memorandum of Understanding on oversight of human food produced using animal cell technology derived from cell lines of USDA-amenable species (i.e., livestock and poultry subject to USDA inspection). (As background, the MOU coordinates FDA and USDA regulation of cell-cultivated meat products.) The revision assigns to USDA activities necessary to implement amendments made by this Act and to HHS oversight of cell-cultivated protein products, including (1) premarket consultations on production materials, processes, manufacturing controls, tissue collection, cell lines and banks, and inputs; (2) initial cell collection and qualified cell bank development and maintenance; (3) cell proliferation and differentiation up to harvest; (4) compliance with FDA requirements such as facility registration, current good manufacturing practices, and preventive controls; (5) additional requirements for cell bank and culturing facility conditions and processes to ensure safe biological material; and (6) inspections, follow-up, and enforcement.

This section amends the Federal Meat Inspection Act (FMIA) to (1) define "cell-cultivated protein product" as any human food made from cell culture or DNA of livestock amenable species using animal cell culture technology and grown outside the live animal; (2) deem such products misbranded unless labeled with "cell-cultivated" prominently adjacent to the product name, a statement that it is derived from sources other than meat, and a disclaimer that it is not derived from or does not contain naturally produced meat from a live amenable species; and (3) apply FMIA requirements (i.e., mandatory inspection, sanitation, and labeling standards for meat and meat food products) to cell-cultivated protein products in the same manner as to traditional meat products. It makes parallel amendments to the Poultry Products Inspection Act (PPIA) to (1) define "cell-cultivated protein product" analogously for poultry using cell culture or DNA from live birds; (2) deem such products misbranded unless labeled with "cell-cultivated" adjacent to the product name, a statement that it is derived from sources other than poultry, and a disclaimer that it is not derived from or does not contain product from a live amenable bird; and (3) apply PPIA requirements to cell-cultivated poultry products in the same manner as to traditional poultry products. (Thus, cell-cultivated meat and poultry products fall under U.S. Department of Agriculture (USDA) jurisdiction for inspection and regulation, distinct from Food and Drug Administration (FDA) oversight of other foods.) This section further amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to (1) define "plant-based alternative protein product" as a food made from plants that approximates the texture, flavor, and appearance of meat or poultry and is manufactured to appear as such; and (2) deem such products misbranded unless labeled with "plant-based alternative protein product" followed by the product name and a prominent statement that it is not derived from or does not contain naturally produced meat or poultry from live animals or birds. Finally, this section directs the Secretary of Agriculture, in consultation with the Secretary of Health and Human Services, to develop common standards of identity for cell-cultivated protein products and plant-based alternative protein products within 180 days of enactment, consistent with the new definitions.