“A bill 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 (e.g., as sources of protein, iron, zinc, choline, and long-chain polyunsaturated fatty acids that support infant brain development, per the Dietary Guidelines for Americans, 2020–2025); their status as the lowest-cost source of protein, vitamin A, vitamin B12, iron, and riboflavin; the superior digestibility and essential amino acid content of egg protein compared to plant-based alternatives; and the need for truthful labeling of egg product alternatives to avoid misleading consumers.
This section prohibits the introduction or delivery for introduction into interstate commerce of any food using a market name for an egg or egg product unless the food meets the criterion specified for eggs or egg products in new 21 U.S.C. 343(z)(2) (as added by section 4(a)). (Thus, such food is deemed misbranded under the Federal Food, Drug, and Cosmetic Act if it fails to comply.)
This section amends section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) to deem a food misbranded if it uses a market name for an egg or egg product (i.e., terms in 21 CFR part 160 or 9 CFR 590.5, or "egg") and is intended as a substitute for eggs or egg products, unless it qualifies as an egg (i.e., reproductive output of avian poultry species, including albumen or yolk encased in a calcium-based shell) or egg product (i.e., as defined in 21 CFR part 160, or successor regulations). (Thus, certain plant-based or lab-grown alternatives using such terms would be misbranded and subject to enforcement under FFDCA section 303 (21 U.S.C. 333), including fines and imprisonment.) This section directs the Secretary of Health and Human Services, through the FDA Commissioner, to issue draft guidance on enforcement of new section 403(z) within 180 days of enactment and final guidance within one year, nullifies prior inconsistent guidance effective on enactment, and requires a report to Congress within two years—in consultation with USDA's Food Safety and Inspection Service—detailing enforcement actions (e.g., warnings and penalties), with an updated plan if such misbranded food remains in interstate commerce.