S 4464
FAIR Labels Act of 2026
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Bill overview
The FAIR Labels Act of 2026 aims to improve consumer understanding of food products by establishing clear labeling requirements for cell-cultivated protein products and plant-based alternatives. It amends existing food safety laws to define these new product categories and mandates specific disclosures on product labels, ensuring consumers know whether a product is derived from animal cell culture or plant sources. The bill also updates regulations between the USDA and HHS to coordinate oversight of these emerging food technologies.
Key provisions
- Defines ‘cell-cultivated protein product’ under the Federal Meat Inspection Act and Poultry Products Inspection Act.
- Requires cell-cultivated and plant-based protein products to display prominent labeling indicating their origin.
- Mandates a statement on labels clarifying that cell-cultivated products are not derived from live animals.
- Updates the Memorandum of Understanding between the USDA and HHS to coordinate regulation of cell-cultivated protein products.
- Establishes a definition for ‘plant-based alternative protein product’ in the Federal Food, Drug, and Cosmetic Act.
- Requires plant-based alternative protein products to clearly indicate they are not derived from meat or poultry.
- Directs the Secretary of Agriculture to develop common standards of identity for cell-cultivated and plant-based protein products.
- Sets a deadline for the Secretary of Agriculture and HHS to revise the existing Memorandum of Understanding.
Who is affected
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119th CONGRESS — 2d Session
S. 4464
IN THE SENATE OF THE UNITED STATES
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to ensure that consumers can make informed decisions in choosing between meat and poultry products and cell-cultivated protein products, and for other purposes.
This Act may be cited as the Fair and Accurate Ingredient Representation on Labels Act of 2026 FAIR Labels Act of 2026
or the
.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of Health and Human Services shall jointly revise the Memorandum of Understanding entitled Formal Agreement Between FDA and USDA Regarding Oversight of Human Food Produced Using Animal Cell Technology Derived from Cell Lines of USDA-amenable Species
entered into March 7, 2019, so that with respect to the regulation of cell-cultivated protein products—
the Secretary of Agriculture shall conduct such activities as are necessary to implement the amendments made by this Act; and
the Secretary of Health and Human Services shall—
conduct premarket consultation processes to evaluate production materials and processes and manufacturing controls, including oversight of tissue collection, cell lines and banks, and all components and inputs;
oversee the initial cell collection and the development and maintenance of qualified cell banks;
oversee the proliferation and differentiation of cells up to the time of harvest;
ensure that the appropriate entities comply with applicable requirements of the Food and Drug Administration, including facility registration, the current good manufacturing practices and preventive controls regulation, and requirements applicable to substances that become a component of food or otherwise affect the characteristics of food;
develop additional requirements for cell bank and cell culturing facility conditions and processes to ensure that biological material exiting the culture process is safe; and
conduct appropriate inspections and follow-up activities, including taking enforcement action if necessary, to ensure that cell bank and cell culturing facilities are in compliance with applicable laws (including regulations).
Section 1(n)(3) of the Federal Meat Inspection Act (21 U.S.C. 601(n)(3)) is amended to read as follows:
cell-cultivated, in type of uniform size and prominence, immediately adjacent to the name of the food so as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
bears a statement that the cell-cultivated protein product is derived from sources other than meat, in type of uniform size and prominence, immediately adjacent to the name of the food; and
Section 25 of the Federal Meat Inspection Act (21 U.S.C. 625) is amended—
by striking Notwithstanding
and inserting (a) Notwithstanding
; and
by adding at the end the following:
The requirements of this Act shall apply with respect to cell-cultivated protein products in the same manner as such requirements apply to meat and meat food products.
cell-cultivated, in type of uniform size and prominence, immediately adjacent to the name of the food so as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
Section 18 of the Poultry Products Inspection Act (21 U.S.C. 467a) is amended by adding at the end the following:
The requirements of this Act shall apply with respect to cell-cultivated protein products in the same manner as such requirements apply to poultry and poultry products.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended—
in section 201 (21 U.S.C. 321), by adding at the end the following:
is made wholly or in part from any plant species;
approximates the aesthetic qualities (primarily texture, flavor, and appearance) of meat, poultry, or a food product thereof; and
is manufactured to appear as meat, poultry, or a food product thereof.
in section 403 (21 U.S.C. 343), by adding at the end the following:
plant-based alternative protein productand, immediately thereafter, the name of the food; and