On August 28, 2024, the U.S. Department of Agriculture (USDA) released an updated guidance document regarding the substantiation of all animal-raising and environment-related claims on meat and poultry packaging. This new guidance marks the first update regarding these types of claims since 2019. The guidance provides establishments with information on how to use and substantiate animal-raising or environment-related claims on meat or poultry product labels, while also placing emphasis on recommendations regarding the strengthening of any documentation used to support animal-raising or environment-related claims on meat or poultry product labeling.
The principal purpose of this guidance is to mitigate consumer exposure to false and misleading label statements concerning animal-raising claims—claims including, but not limited to, “Raised Without Antibiotics,” “Grass-Fed” and “Free-Range”—and environment-related claims—claims including but not limited to, “Raised using Regenerative Agriculture Practices” and “Climate-Friendly.” Both types of claims are voluntary marketing claims that highlight certain aspects of how animals for meat and poultry products are raised or how the producer maintains or improves the land or otherwise implements environmentally sustainable practices. These are types of claims that should only be utilized when properly substantiated.
In addition to providing general information on how to substantiate the claims referenced above, the newly released guidance also specifically provides information pertaining to:
- Animal Welfare Claims;
- Breed Claims;
- Diet Claims;
- Living or Raising Conditions Claims;
- Negative Antibiotic Use Claims;
- Negative Hormone Use Claims;
- Source and Traceability Claims;
- Organic Claims; and
Alongside the general guidance on labeling are various other label claim substantiation recommendations the USDA deems crucial to regulatory compliance. Among other things, these recommendations include:
- Encouragement by the Food Safety and Inspection Service (FSIS) for use of third-party certification to substantiate animal-raising or environment-related claims
- The use of routine sampling and testing programs for those entities using “negative” antibiotic claims (e.g., “Raised Without Antibiotics” or “No Antibiotics Ever”).
Though the information and recommendations provided in the guidance represents FSIS’ current opinion on the topics referenced therein, it must be noted that the contents of the revised guidance document do not have the force and effect of law and are not meant to bind the public in any way. The guidance is intended to provide clarity to industry regarding existing requirements under the regulations and should be utilized as a tool to assist in the proper labeling of the products contemplated. Husch Blackwell will continue to monitor further USDA guidance publications and encourages its clients in the food industry to solicit feedback concerning existing labels for meat and poultry products.