S. 4464

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4464 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4464

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.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 30, 2026

Mr. Ricketts (for himself and Mr. Fetterman) introduced the following 
bill; which was read twice and referred to the Committee on 
Agriculture, Nutrition, and Forestry

_______________________________________________________________________

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.

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 ``Fair and Accurate Ingredient 
Representation on Labels Act of 2026'' or the ``FAIR Labels Act of 
2026''.

SEC. 2. REVISED MEMORANDUM OF UNDERSTANDING BETWEEN SECRETARY OF 
AGRICULTURE AND SECRETARY OF HEALTH AND HUMAN SERVICES 
REGARDING REGULATION OF CELL-CULTIVATED PROTEIN PRODUCT.

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--
(1) the Secretary of Agriculture shall conduct such 
activities as are necessary to implement the amendments made by 
this Act; and
(2) the Secretary of Health and Human Services shall--
(A) 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;
(B) oversee the initial cell collection and the 
development and maintenance of qualified cell banks;
(C) oversee the proliferation and differentiation 
of cells up to the time of harvest;
(D) 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;
(E) 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
(F) 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).

SEC. 3. REGULATION OF CELL-CULTIVATED PROTEIN PRODUCTS BY SECRETARY OF 
AGRICULTURE.

(a) Cell-Cultivated Protein Products.--
(1) Definition.--Section 1 of the Federal Meat Inspection 
Act (21 U.S.C. 601) is amended by adding at the end the 
following:
``(x) The term `cell-cultivated protein product' means any product 
capable of use as human food that--
``(1) is made wholly or in part from any cell culture or 
the DNA of an amenable species using animal cell culture 
technology; and
``(2) is grown or cultivated outside of the live animal 
from which the cell culture or DNA was acquired.''.
(2) Misbranding.--Section 1(n)(3) of the Federal Meat 
Inspection Act (21 U.S.C. 601(n)(3)) is amended to read as 
follows:
``(3) if it is a cell-cultivated protein, unless its 
label--
``(A) clearly indicates in a prominent, 
conspicuous, and legible manner the words `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;
``(B) 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
``(C) bears a disclaimer that clearly indicates 
that the cell-cultivated protein product in its final 
product form is not derived from, or does not contain, 
naturally produced meat from a live amenable 
species;''.
(3) Applicability.--Section 25 of the Federal Meat 
Inspection Act (21 U.S.C. 625) is amended--
(A) by striking ``Notwithstanding'' and inserting 
``(a) Notwithstanding''; and
(B) by adding at the end the following:
``(b) 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.''.
(b) Cell-Cultivated Poultry Products.--
(1) Definition.--Section 4 of the Poultry Products 
Inspection Act (21 U.S.C. 453) is amended by adding at the 
following:
``(cc) The term `cell-cultivated protein product' means any product 
capable of use as human food that--
``(1) is made wholly or in part from any cell culture or 
the DNA of a live bird using animal cell culture technology; 
and
``(2) is grown or cultivated outside of the live bird from 
which the cell culture or DNA was acquired.''.
(2) Misbranding.--Section 4(h)(3) of the Poultry Products 
Inspection Act (21 U.S.C. 453(h)(3)) is amended to read as 
follows:
``(3) if it is a cell-cultivated protein product, unless 
its label--
``(A) clearly indicates in a prominent, 
conspicuous, and legible manner the words `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;
``(B) bears a statement that the cell-cultivated 
protein product is derived from sources other than 
poultry, in type of uniform size and prominence, 
immediately adjacent to the name of the food; and
``(C) bears a disclaimer that clearly indicates 
that the cell-cultivated protein product in its final 
product form is not derived from, or does not contain, 
a live amenable bird;''.
(3) Applicability.--Section 18 of the Poultry Products 
Inspection Act (21 U.S.C. 467a) is amended by adding at the end 
the following:
``(d) 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.''.
(c) Plant-Based Alternative Protein Product.--The Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
(1) in section 201 (21 U.S.C. 321), by adding at the end 
the following:
``(tt) The term `plant-based alternative protein product' means any 
food product that--
``(1) is made wholly or in part from any plant species;
``(2) approximates the aesthetic qualities (primarily 
texture, flavor, and appearance) of meat, poultry, or a food 
product thereof; and
``(3) is manufactured to appear as meat, poultry, or a food 
product thereof.''; and
(2) in section 403 (21 U.S.C. 343), by adding at the end 
the following:
``(z) If it is a plant-based alternative protein product, unless 
its label--
``(1) bears, in type of uniform size and prominence, the 
phrase `plant-based alternative protein product' and, 
immediately thereafter, the name of the food; and
``(2) in a prominently placed, conspicuous, and legible 
manner 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 clearly indicates that the 
product is not derived from, or does not contain, naturally 
produced meat or poultry from a live animal or bird species.''.
(d) Standards of Identity.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Agriculture, in 
consultation with the Secretary of Health and Human Services, shall 
develop common standards of identity for cell-cultivated protein 
products and plant-based alternative protein products that are 
consistent with the definitions specified in section 1 of the Federal 
Meat Inspection Act (21 U.S.C. 601), section 4 of the Poultry Products 
Inspection Act (21 U.S.C. 453), and section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301), respectively, as amended by 
this section.
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