USDA Launches Effort to Strengthen Substantiation of Animal-Raising Claims

 The U.S. Department of Agriculture (USDA) announced today that it is implementing a multi-step effort aimed at strengthening the substantiation of animal-raising claims. This action builds on the significant work USDA has already undertaken to protect consumers from false and misleading labels and to implement President Biden’s Executive Order on Promoting Competition in the American economy.

“Consumers should be able to trust that the label claims they see on products bearing the USDA mark of inspection are truthful and accurate,” said Agriculture Secretary Tom Vilsack. “USDA is taking action today to ensure the integrity of animal-raising claims and level the playing field for producers who are truthfully using these claims, which we know consumers value and rely on to guide their meat and poultry purchasing decisions.”

Animal-raising claims, such as “grass-fed” and “free-range,” are voluntary marketing claims that highlight certain aspects of how the source animals for meat and poultry products are raised. These claims must be approved by USDA’s Food Safety and Inspection Service (FSIS) before they can be included on the labels of meat and poultry products sold to consumers. FSIS most recently updated its guideline on these claims in 2019.

FSIS has received several petitions, comments, and letters from a wide range of stakeholders asking the agency to reevaluate its oversight of animal-raising claims, specifically, how they are substantiated. In addition, the veracity of “negative” antibiotics claims (e.g., “raised without antibiotics” or “no antibiotics ever”) has come into question.

FSIS, in partnership with USDA’s Agricultural Research Service (ARS), will be conducting a sampling project to assess antibiotic residues in cattle destined for the “raised without antibiotics” market. The results of this project will help inform whether FSIS should require that laboratory testing results be submitted for the “raised without antibiotics” claim or start a new verification sampling program.

FSIS will also be issuing a revised industry guideline to recommend that companies strengthen the documentation they submit to the agency to substantiate animal-raising claims. The agency plans to strongly encourage use of third-party certification to verify these claims.

Together these actions will be used to guide potential rulemaking on animal-raising claims. USDA looks forward to continued engagement with stakeholders as it works to ensure these claims meet consumer expectations.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy, and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America.