[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3584 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3584

      To require enforcement against misbranded egg alternatives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2024

Mr. Fetterman (for himself, Ms. Ernst, Mrs. Gillibrand, and Mr. Braun) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
      To require enforcement against misbranded egg alternatives.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consistent Egg Labels Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Eggs and egg products are nutrient- and protein-rich 
        foods that contribute to a healthy diet, according to the 
        Dietary Guidelines for Americans, 2020-2025 (referred to in 
        this section as the ``Dietary Guidelines'') published by the 
        Department of Agriculture and the Department of Health and 
        Human Services.
            (2) Eggs and egg products are important sources of iron, 
        zinc, protein, choline, and long chain polyunsaturated fatty 
        acids. Long chain polyunsaturated fatty acids contribute to 
        healthy brain development for infants, according to the Dietary 
        Guidelines.
            (3) Many Americans rely on eggs and egg products as an 
        affordable, healthy source of protein. Nutritional research 
        from the Department of Agriculture finds that eggs are the 
        lowest cost source of protein, vitamin A, vitamin B12, iron, 
        and riboflavin. Eggs provide Americans with an easy, 
        inexpensive source of protein.
            (4) The protein found in eggs is highly digestible and 
        contains numerous essential amino acids. Plant-sourced protein 
        found in egg product alternatives does not contain essential 
        amino acids in levels as concentrated as in eggs.
            (5) Egg product alternatives are relatively new on the 
        market and have potential to mislead consumers if such products 
        are not properly labeled to distinguish such products from 
        products made from shell eggs.
            (6) Consumers purchase egg product alternatives for various 
        reasons, including food allergies. Consumers who need to 
        purchase alternatives should be assured of labeling that is 
        truthful and not misleading.

SEC. 3. PURPOSE.

    No food may be introduced or delivered for introduction into 
interstate commerce using a market name for an egg or egg product if 
the food does not meet the criterion set forth for eggs or egg products 
under paragraph (z)(2) of section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) (as added by section 4(a)).

SEC. 4. ENFORCEMENT OF DEFINITION.

    (a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(z)(1) If it uses a market name for an egg or egg product 
described in subparagraph (3) and the food does not meet the criterion 
for being an egg or egg product, as described in subparagraph (2).
    ``(2) For purposes of this paragraph, a food is an egg only if the 
food is the reproductive output of avian poultry species, including an 
albumen or yolk that is, or was at any point, encased in a calcium-
based shell. For purposes of this paragraph, a food is an egg product 
only if the food is an egg product described in part 160 of title 21, 
Code of Federal Regulations (or successor regulations).
    ``(3) A market name for an egg or egg product described in this 
subparagraph means the egg or egg product terms described in part 160 
of title 21, Code of Federal Regulations (or successor regulations), 
section 590.5 of title 9, Code of Federal Regulations (or successor 
regulations), or the common and usual name for `egg'.''.
    (b) Guidance.--
            (1) New guidance.--The Secretary of Health and Human 
        Services, acting through the Commissioner of Food and Drugs, 
        shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, issue draft guidance on how 
                enforcement of the amendment made by subsection (a) 
                will be carried out; and
                    (B) not later than 1 year after the date of 
                enactment of this Act, issue final guidance on such 
                enforcement.
            (2) Effect on certain previous guidance.--Effective on the 
        date of enactment of this Act, any guidance with respect to 
        eggs or egg products issued by the Secretary of Health and 
        Human Services, acting through the Commissioner of Food and 
        Drugs, that is not consistent with paragraph (z) of section 403 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as 
        added by subsection (a), shall have no force or effect.
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, and in consultation 
with the Secretary of Agriculture, acting through the Administrator of 
the Food Safety and Inspection Service, shall report to Congress on 
actions taken with respect to food that is misbranded as described in 
paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 343), as amended by this Act, including warnings issued 
pursuant to such paragraph and penalties assessed under section 303 of 
such Act (21 U.S.C. 333) with respect to such paragraph. If food that 
is misbranded under such section 403(z) is offered for sale in 
interstate commerce at the time of such report, the Commissioner of 
Food and Drugs shall include in such report an updated plan for actions 
to be taken with respect to such food.
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