In late August, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) published an updated guideline on how to use and substantiate animal-raising or environment-related claims on meat or poultry product labels. The recommendation is in response to feedback FSIS received from a variety of channels, including askFSIS questions, petitions, interactions with stakeholders, FSIS sampling data, and comments on previous versions of the guideline. This is the first update since 2019 on this issue.
All animal-raising or environment-related claims, which include statements such as “Raised Without Antibiotics,” “Grass Fed,” or “Sustainably Raised,” must be evaluated and approved by FSIS’s Labeling and programme Delivery Staff (LPDS) before they can be used on products intended for sale.
Key updates
Throughout the latest version of the guideline, FSIS has added language “to emphasize that it strongly recommends use of a third-party certifying organisation to substantiate claims.” This is intended to enhance consumer safety by ensuring an independent organisation verify that standards are being met on the farm and any animal-raising or environment-related claims are truthful and not misleading to consumers.
According to FSIS, companies should provide a copy of their current third-party certification when submitting their claims for LPDS approval. The agency will only approve a label bearing a third-party certified claim if the label also includes the certifying organisation’s name, website address where the relevant standards are found, and logo (if applicable).
The latest guidance also addresses the use of “negative” antibiotic claims (e.g., “Raised Without Antibiotics”), which have been an ongoing point of concern. Last year, FSIS partnered with USDA’s Agricultural Research Service (ARS) to study negative antibiotic claims by testing samples from eligible cattle. The study found antibiotic residues in approximately 20% of samples labeled “Raised Without Antibiotics.” In light of these findings, the new guideline recommends that companies “implement routine sampling and testing programs to detect antibiotic use in animals prior to slaughter or obtain third-party certification that includes testing.”
Looking ahead
The labeling updates reflect a broader focus by regulators in the U.S. and abroad to ensure eco-friendly product claims are substantiated. FSIS’s response to the findings of its joint study with ARS may indicate how it plans to approach other breaches of the recommendations laid out in the guideline. The USDA noted in its press release announcing the new guideline that “FSIS will take enforcement action against any establishments found to be making false or misleading negative antibiotic claims.”
While the guideline and its recommendations are not legally binding, the Federal Meat Inspection Act and Poultry Products Inspection Act allow FSIS to develop and implement regulations to require that meat and poultry product labels are truthful and not misleading. Companies should take extra care to ensure that their labeling, especially any voluntary animal-raising and environment-related claims, is truthful and would stand up to FSIS inspection.
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