USDA Proposes New Requirements for the “Product of USA” Label Claim

The U.S. Department of Agriculture (USDA) released a proposed rule with new regulatory requirements to better align the voluntary “Product of USA” label claim with consumer understanding of what the claim means. The proposed rule allows the voluntary “Product of USA” or “Made in the USA” label claim to be used on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the United States. Today’s announcement delivers on one of the key actions in President Biden’s Executive Order on Promoting Competition in the American Economy, and a commitment made in the Biden-Harris Administration’s Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain. The increased clarity and transparency provided by this proposed change would prevent consumer confusion and help ensure that consumers understand where their food comes from.

“American consumers expect that when they buy a meat product at the grocery store, the claims they see on the label mean what they say,” said Agriculture Secretary Tom Vilsack. “These proposed changes are intended to provide consumers with accurate information to make informed purchasing decisions. Our action today affirms USDA’s commitment to ensuring accurate and truthful product labeling.”

USDA’s proposed rulemaking is supported by petitions, thousands of comments from stakeholders, and data. In July 2021, USDA initiated a comprehensive review to understand what the “Product of USA” claim means to consumers and inform planned rulemaking to define the requirements for making such a claim. As part of its review, USDA commissioned a nationwide consumer survey. The survey revealed that the current “Product of USA” labeling claim is misleading to a majority of consumers surveyed, with a significant portion believing the claim means that the product was made from animals born, raised, slaughtered and processed in the United States.

USDA’s comprehensive review shows there is a clear need to revise the current “Product of USA” label claim so that it more accurately conveys U.S. origin information.

Under the proposed rule, the “Product of USA” label claim would continue to be voluntary. It would also remain eligible for generic label approval, meaning it would not need to be pre-approved by USDA’s Food Safety and Inspection Service (FSIS) before it could be used on regulated product, but would require supporting documentation to be on file for agency inspection personnel to verify. The rulemaking also proposes to allow other voluntary U.S. origin claims we see on meat, poultry and egg products sold in the marketplace. These claims would need to include a description on the package of all preparation and processing steps that occurred in the United States upon which the claim is made.

USDA encourages stakeholders, both domestic and international, to comment on the proposed rule. The proposed rule will be open for public comment for 60 days after publishing in the Federal Register. Public comments can be submitted at www.regulations.gov.