USDA tightening standards for meat, poultry labeling claims

The U.S. Department of Agriculture (USDA) has issued a new guideline for ensuring the truthfulness of meat and poultry products marketed as "raised without antibiotics," "climate friendly," and other animal husbandry- and environment-related claims.

Announced in late August, the guidance updates a 2019 document from the USDA's Food Safety and Inspection Service (FSIS) with recommendations to producers for enhancing the documentation supporting claims on meat and poultry labels. It is open for public comment until November 12.

A recent U.S. Department of Agriculture (USDA) study found antimicrobial residue in 20% of the meat and poultry products marketed as being free of antibiotics. The USDA'S Food Safety and Inspection Service called the findings "concerning" and says it will take enforcement action against any establishments found to be making false or misleading negative antibiotic claims.

"USDA continues to deliver on its commitment to fairness and choice for both farmers and consumers, and that means supporting transparency and high-quality standards," Agriculture Secretary Tom Vilsack said in a press release. "These updates will help to level the playing field for businesses who are truthfully using these claims and ensure people can trust the labels when they purchase meat and poultry products."

Third-party certification

Claims about meat and poultry products are voluntary and highlight certain aspects of how the source animals are raised, how the producer maintains or improves the land, or how they otherwise implement environmentally sustainable practices. Documentation supporting these claims is reviewed by FSIS, which must approve the claim before it can be added to the product label.

In the updated guideline, FSIS "strongly encourages" the use of third-party certification to substantiate animal-raising or environment-related claims such as "pasture raised," given the limits of FSIS jurisdiction. Third-party certification of animal-raising or environment-related claims helps ensure that such claims are truthful and not misleading by having an independent organization verify that their standards are being met on the farm for the raising of animals and for environmental stewardship, according to the guidelines background.

FSIS also made some significant changes to the guideline in response to petitions and public comments on the last version of the guideline, which are as follows:

• Outlined recommended criteria for third-party organizations that certify animal-raising or environment-related claims.
• Emphasized that, to substantiate a third-party certification claim, establishments should provide FSIS with a copy of their current certificate. Also, if a claim was certified by a third-party organization, the agency will approve the label bearing the claim only if it includes the certifying entity's name, website address (where the relevant standards can be found, and logo.
• Added language stating that establishments are strongly encouraged to provide FSIS with relevant data or studies (e.g., soil and land variation or air quality studies and results) to substantiate environment-related claims.
• Added language strongly encouraging establishments to substantiate negative antibiotic use claims by instituting a routine sampling program to test for the use of antibiotics in animals prior to slaughter or by using a third-party certifier who performs routine antibiotic sampling and testing as part of their certification standards.

Antibiotic-free claims

The USDA first announced in June 2023 it would be implementing a multi-step effort aimed at strengthening the substantiation of animal-raising and environment-related claims. The move came in response to an article published in April 2022 in Science magazine co-authored by the Antibiotic Resistance Action Center at the George Washington University School of Public Health and Food In-Depth. The article reported on a study in which the urine of beef cattle designated for the raised without antibiotics market was tested for 17 antibiotics commonly administered in feed and water. According to the article, the study showed that 15% of the cattle feedlots sampled had one or more positive result.

The FSIS conducted a follow-up study in partnership with USDA's Agricultural Research Service (ARS) to further assess the veracity of claims about antibiotic-free products. FSIS collected liver and kidney samples from 196 cattle at 84 slaughter facilities in 34 states, and ARS analyzed the samples using a method that targeted more than 180 veterinary drugs, including various major classes of antibiotics.

The study found antibiotic residues in approximately 20% of samples tested from the "raised without antibiotics" market.

"The study findings underscore the need for more rigorous substantiation of such claims. These sampling results may lead to additional testing by the agency. FSIS has the authority to collect samples any time it believes a product is mislabeled with any claim covered by the guidance," the agency said.

Additionally, the FSIS informed the locations with positive results from study and advised them to determine how antibiotics were introduced into the animal and to take appropriate measures to ensure that future products are not misbranded.

FSIS and ARS plan to publish a peer-reviewed paper in the near future.

The FSIS also says it may consider future additional actions, including random sampling and rulemaking, to further strengthen the substantiation of animal-raising and environment-related claims.

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