S. 2929

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2929 Introduced in Senate (IS)]

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119th CONGRESS
1st Session
S. 2929

To require enforcement against misbranded egg alternatives.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 29, 2025

Mr. Fetterman (for himself and Ms. Ernst) introduced the following 
bill; which was read twice and referred to the Committee on Health, 
Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To require enforcement against misbranded egg alternatives.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Consistent Egg Labels Act of 2025''.

SEC. 2. FINDINGS.

Congress finds as follows:
(1) Eggs and egg products are nutrient- and protein-rich 
foods that contribute to a healthy diet, according to the 
Dietary Guidelines for Americans, 2020-2025 (referred to in 
this section as the ``Dietary Guidelines'') published by the 
Department of Agriculture and the Department of Health and 
Human Services.
(2) Eggs and egg products are important sources of iron, 
zinc, protein, choline, and long chain polyunsaturated fatty 
acids. Long chain polyunsaturated fatty acids contribute to 
healthy brain development for infants, according to the Dietary 
Guidelines.
(3) Many Americans rely on eggs and egg products as an 
affordable, healthy source of protein. Nutritional research 
from the Department of Agriculture finds that eggs are the 
lowest cost source of protein, vitamin A, vitamin B12, iron, 
and riboflavin. Eggs provide Americans with an easy, 
inexpensive source of protein.
(4) The protein found in eggs is highly digestible and 
contains numerous essential amino acids. Plant-sourced protein 
found in egg product alternatives does not contain essential 
amino acids in levels as concentrated as in eggs.
(5) Egg product alternatives are relatively new on the 
market and have potential to mislead consumers if such products 
are not properly labeled to distinguish such products from 
products made from shell eggs.
(6) Consumers purchase egg product alternatives for various 
reasons, including food allergies. Consumers who need to 
purchase alternatives should be assured of labeling that is 
truthful and not misleading.

SEC. 3. PURPOSE.

No food may be introduced or delivered for introduction into 
interstate commerce using a market name for an egg or egg product if 
the food does not meet the criterion set forth for eggs or egg products 
under paragraph (z)(2) of section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) (as added by section 4(a)).

SEC. 4. ENFORCEMENT OF DEFINITION.

(a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
``(z)(1) If it uses a market name for an egg or egg product 
described in subparagraph (3) and is intended for use as a substitute 
for egg or egg products, and the food does not meet the criterion for 
being an egg or egg product, as described in subparagraph (2).
``(2) For purposes of this paragraph, a food is an egg only if the 
food is the reproductive output of avian poultry species, including an 
albumen or yolk that is, or was at any point, encased in a calcium-
based shell. For purposes of this paragraph, a food is an egg product 
only if the food is an egg product described in part 160 of title 21, 
Code of Federal Regulations (or successor regulations).
``(3) A market name for an egg or egg product described in this 
subparagraph means the egg or egg product terms described in part 160 
of title 21, Code of Federal Regulations (or successor regulations), 
section 590.5 of title 9, Code of Federal Regulations (or successor 
regulations), or the common and usual name for `egg'.
``(4) Nothing in this paragraph shall be construed to prohibit the 
use, with respect to a food, of the term `egg' or any derivative of 
such term solely because the food resembles an egg in shape, provided 
that the food is not represented as, or intended to be, a substitute 
for or an alternative to an egg or egg product described in 
subparagraph (2).''.
(b) Guidance.--
(1) New guidance.--The Secretary of Health and Human 
Services, acting through the Commissioner of Food and Drugs, 
shall--
(A) not later than 180 days after the date of 
enactment of this Act, issue draft guidance on how 
enforcement of the amendment made by subsection (a) 
will be carried out; and
(B) not later than 1 year after the date of 
enactment of this Act, issue final guidance on such 
enforcement.
(2) Effect on certain previous guidance.--Effective on the 
date of enactment of this Act, any guidance with respect to 
eggs or egg products issued by the Secretary of Health and 
Human Services, acting through the Commissioner of Food and 
Drugs, that is not consistent with paragraph (z) of section 403 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as 
added by subsection (a), shall have no force or effect.
(c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, and in consultation 
with the Secretary of Agriculture, acting through the Administrator of 
the Food Safety and Inspection Service, shall report to Congress on 
actions taken with respect to food that is misbranded as described in 
paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 343), as amended by this Act, including warnings issued 
pursuant to such paragraph and penalties assessed under section 303 of 
such Act (21 U.S.C. 333) with respect to such paragraph. If food that 
is misbranded under such section 403(z) is offered for sale in 
interstate commerce at the time of such report, the Commissioner of 
Food and Drugs shall include in such report an updated plan for actions 
to be taken with respect to such food.
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