USDA’s FSIS Plans Rulemaking to Define “Product of USA” Meat Labels

The USDA’s Food Safety and Inspection Service (FSIS) said in March 2020 that it would start a rulemaking to define voluntary “Product of USA” claims on meat and poultry. It said its current labeling policy “may be causing confusion in the marketplace, particularly with respect to certain imported meat products.”

FSIS gave its answer in letters dated March 26, 2020, responding to two petitions.

The petitions

• The U.S. Cattlemen’s Association (USCA) asked FSIS to adopt the FTC’s “all or virtually all” standard for USA-origin claims. It also asked for qualified claims when an animal is born, raised or harvested outside the USA.
• The Organization for Competitive Markets (OCM) and the American Grassfed Association (AGA) asked FSIS to allow the claim only when significant ingredients such as meat are of domestic origin.

Both petitions sought to limit “Product of USA” on beef to products from cattle born, raised and slaughtered in the USA.

Current policy

FSIS policy allowed the voluntary claim on exported products when the destination country required it, or when the product was processed in the USA. According to a Hogan Lovells memo, FSIS has historically allowed the claim on products made at a USA plant even when they used imported meat.

FSIS technically denied the petitions but promised the rulemaking. As of the memo, dated March 31, 2020, FSIS had not issued a proposed rule or given a timeline.

FAQ

When did FSIS respond?

In letters dated March 26, 2020.

Who filed the petitions?

The U.S. Cattlemen’s Association, and jointly the Organization for Competitive Markets and the American Grassfed Association.

Did FSIS grant the petitions?

It technically denied them but said it would start rulemaking to define Product of USA claims.