The state of Nebraska wants to help you know for sure.
Meat-like products manufactured from animal cells, plants or bugs would have to be labeled as imitations and displayed separately from traditional meat in Nebraska stores, according to draft food regulations up for a public hearing this month.
The regulations, proposed by the Nebraska Department of Agriculture at Gov. Jim Pillen’s direction, take aim at what are referred to as manufactured, cultivated or cultured protein food products. The state’s regulations would apply to lab-grown meats and food products made from insects or plants that resemble meat.
Cell-cultivated meat products are relatively new to U.S. consumers. They are not believed to be available yet in Nebraska stores. And a spokesperson for the Nebraska Department of Agriculture said the department is only aware of insect-based protein powder and novelty insect products such as cricket lollipops or bagged seasoned crickets.
The manufacturing process generally involves scientists obtaining cells from livestock, poultry or seafood, putting them in a large, sealed vessel and growing them in a controlled environment. The U.S. Department of Agriculture last year authorized two companies, UPSIDE Foods and Good Meat, as the country’s first to sell chicken made with animal cells.
At least 17 states, including Iowa, have passed legislation creating a variety of requirements for cell-cultured and meat alternative food products, according to the National Agricultural Law Center at the University of Arkansas. A number of those laws have been challenged in lawsuits.
Under the proposed Nebraska rules, if a food processor or food establishment failed to comply with labeling requirements, it could be found to have misbranded or falsely advertised the food. In those cases, the Nebraska Department of Agriculture would have authority to stop them from selling the products.
For repeat violations, the state could take administrative action on a business’ permit to sell, including probation, suspension or revocation.
If manufactured-protein food products were labeled for sale as meat in Nebraska, then the producer would be required to add a word or phrase to distinguish it from meat that comes from a slaughtered animal.
The qualifying terms would include such terms as cell-cultivated, cell-cultured, grown in a lab, imitation, insect-based, meatless or vegan. The term would have to be displayed in a “conspicuous and prominent†manner on the label. The products would have to be displayed for sale in a manner that “clearly and distinctly physically separates†them from traditional meat.
The proposed regulations up for public hearing Oct. 28 are one of that Pillen said are necessary to protect the state’s traditional agriculture.
In August, Pillen signed an executive order prohibiting procurement of cell-cultured food products by state agencies. He also announced he would pursue a ban on lab-grown meat in the next session of the Legislature.
“People are not going to come into Nebraska and sell product that has ‘meat’ on it that’s not meat,†the governor said then.
Making sure consumers know what they’re getting
An official with the Nebraska Grocery Industry Association said it is generally supportive of labeling that helps consumers.
But the association is concerned about what grocers see as the “vague†wording regarding separating products.
Ansley Fellers, the association’s executive director, said it’s not clear whether the products would have to be a certain distance apart, in a separate cooler or in a separate section of the store.
Such restrictions might be especially difficult for small independent groceries or stores that have limited space, she said. She said it appears that retailers would have to purchase different, separate shelf tags or labels for the products. Those tags and labels could be costly, and they seem duplicative and unnecessary given the proposed labeling specifications outlined for packaging, she said.
According to the Nebraska Department of Agriculture, products would have to be separated in a manner that would not lead to confusion for the buyer. How that would be accomplished could depend on the specific situation at the food establishment. An inspector would work with the food establishment to determine whether the establishment was in compliance prior to any enforcement action, the department said.
Fellers said that although the proposed regulations seem to lump together lab-grown meat and plant-based products, most people feel differently about lab-grown meat than plant-based products, she said.
While some plant-based products are highly processed to mimic the taste and texture of meat, there are many plant-based products available for other reasons, for example, for people with allergies and on specialty diets.
Right now, plant-based foods must prominently display a term like “meat-free,†“plant-based,†“vegan,†or “vegetarian†on the front of the package, she said.
Lab-grown meat is not available yet in U.S. grocery stores, she said. If or when it is, the product will have a USDA inspection stamp and the prefix “cell-cultured†on it, she said.
While retailers aren’t necessarily directly engaged in the labeling discussion, she said “it’s in everyone’s interest to ensure label information is accurate, science-based, and relatively simple.â€
That ensures consumers are able to read and understand ingredients and nutritional values, and to spot possible allergens, she said.
Laura Field, executive vice president of Nebraska Cattlemen, an advocacy group for the state’s beef industry, said her organization supports clear labeling of meat alternatives.
“We want to make sure that when consumers are buying a product they know what they’re getting,†Field said.
She said beef producers are not afraid of alternative products coming to market if they’ve been fully researched.
“We believe in the products we’re producing, hard-working Nebraskans producing beef, and we stand by that product,†she said.
Nebraska and Texas lead the country for the number of cattle on feed, and Nebraska ranks No. 1 in commercial cattle slaughter, she said. The state also ranks first in beef exports, she said.
After taking public comments on the regulations, the new rules would be sent to the Nebraska Attorney General and the governor for review and approval.