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USDA and FDA to Jointly Regulate Cell-Cultured Food Products

March 11, 2019

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The U.S. Department of Health and Human Services’ Food and Drug Administration (“FDA”) and the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”) formally agreed on March 7 to share regulatory authority over cell-cultured meat products (“CCM”) derived from livestock or poultry.

As we previously reported, regulatory authority over CCM has been a much contested issue. FSIS purports to have jurisdiction over CCM under the Federal Meat Inspection Act (“FMIA”), while FDA purports to have jurisdiction under the Federal Food, Drug, and Cosmetic Act (“FFDCA”). Instead of battling over jurisdiction, the agencies have decided to collaborate – both will have oversight but at different stages of production. Essentially, FDA will oversee the initial stages of production, while FSIS will take on authority during cell harvesting.

While the details have yet to be refined, the agreement broadly allocates the agencies’ respective roles and responsibilities as follows:

Missouri Faces Challenge to Meat Labeling Law

January 9, 2019

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Amid growing debate over food identity standards, Missouri has become the first state to directly regulate whether meat substitutes can be labeled as “meat.” In August, Missouri passed Mo. Rev. Stat. § 265.494(7), which makes it a crime to misrepresent a product as meat that is not derived from livestock or poultry. Violators can be imprisoned for up to one year and fined up to $1,000.

The law targets two types of products: plant-based meat and cell-cultured meat (CCM). Plant-based meat is made from ingredients like soy, tempeh, and jackfruit. As we previously explained, CCM is grown in a lab by replicating animal cells. As the CCM industry is just emerging, the law most immediately affects sellers of plant-based products. But the law shows that the Missouri legislature may have anticipated labeling issues in connection with CCM and wished to take action in advance of the forthcoming changes