No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2929 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2929
To require enforcement against misbranded egg alternatives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2025
Mr. Fetterman (for himself and Ms. Ernst) 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 2025''.
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 is intended for use as a substitute
for egg or egg products, 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'.
``(4) Nothing in this paragraph shall be construed to prohibit the
use, with respect to a food, of the term `egg' or any derivative of
such term solely because the food resembles an egg in shape, provided
that the food is not represented as, or intended to be, a substitute
for or an alternative to an egg or egg product described in
subparagraph (2).''.
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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