Animal raising claims

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: H Animal raising claims 298A. Definitions In this subtitle: (1) Animal raising claim The term animal raising claim means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references— (A) the manner in which the source animal for the meat food product or poultry product was raised, including— (i) production practices that were used, such as living or raising conditions; and (ii) the location or source where the source animal was born, raised, and processed; or (B) the breed of the source animal. (2) Meat food product The term meat food product has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601). (3) Poultry product The term poultry product has the meaning given the term in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453). (4) Secretary The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service. 298B. Required verification process for animal raising claims (a) Purpose The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. (b) Standards and procedures (1) In general Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, the Secretary shall establish— (A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); (B) procedures— (i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and (ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and (C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. (2) Standards In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to— (A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; (B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; (C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; (D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; (E) age claims; (F) animal welfare claims; (G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; (H) breed claims; and (I) any other claim that the Secretary determines appropriate. (3) Consistency with other laws The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. (c) Third-Party certification A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if— (1) the claim is consistent with standards established by the Secretary under subsection (b); and (2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. (d) Approval process To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: (1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable— (A) from birth to harvest; or (B) for the period of raising referenced in the animal raising claim. (2) A signed and dated document describing the manner in which the source animals were raised. (3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. (4) A written description of the identification, control, and segregation of nonconforming animals or products. (5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third-party certificate. (e) Compliance requirements Beginning on the date that is 3 years after the date of enactment of this subtitle— (1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and (2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). (f) Violations (1) Misuse of label Any person that, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. (2) False statement Any person that, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. (g) Effect on other laws Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). 298C. Applicability This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). 298D. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle..