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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
misbranding; misrepresenting; food products
Purpose
Prohibits a person who places a label on a food product from intentionally misrepresenting a product that is not derived from the slaughter or killing of an animal as meat, a meat food product, fish, a fish product, poultry, a poultry product or any other animal food product.
Background
Meat is the edible part of the muscle of cattle, sheep, swine, goats or equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. Meat does not include the muscle found in the lips, snout or ears.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person who places a label on a food product from intentionally misrepresenting a product that is not derived from a poultry product or any other animal food product through any activity, including intentionally misrepresenting by:
a) affixing a false or misleading label on meat, a meat food product, poultry or a poultry product;
b) using a term that is the same or deceptively similar to a term that has been used or defined historically in reference to a specific meat food product or poultry product;
c) if a cell-cultured food product, representing the product as meat, a meat food product, poultry or a poultry product or its species specific equivalent without disclosing that the product is a cell-cultured food product if the product is a synthetic in terms that are of similar prominence and in close proximity to the representations as meat, a meat food product, fish, a fish product, poultry, a poultry product or any other animal food product on all labels where such representations appear; or
d) if a synthetic food product derived from a plant, insect or other source, representing a product as meat, a meat food product, poultry or a poultry product or its species-specific equivalent without disclosing that the product is derived from a plant, an insect or any other source product in terms that are of similar prominence and in close proximity to the representations as meat, a meat food product, fish, a fish product, poultry, a poultry product or any other animal food product on all labels where such representations appear.
2. Allows the Department of Health Services (DHS) to:
a) adopt rules to enforce the prohibition;
b) receive complaints and investigate violations of the prohibition;
c) employ personnel to investigate and enforce the prohibition or delegate investigation and enforcement authority to county health departments or the Weights and Measures Services Division of the Arizona Department of Agriculture;
d) seek and obtain injunctive relief or other civil relief to restrain and prevent violations of the prohibition and rules adopted by DHS; and
e) after a hearing, impose a civil penalty of up to $100,000 for each violation of the prohibition.
3. Specifies that the prohibition does not prohibit a person from representing a cell-cultured food product as any of the following or their species-specific equivalents:
a) cell-cultured meat, fish, poultry or animal food product;
b) lab-grown meat, fish, poultry or animal food product;
c) cell-based meat, fish, poultry or animal food product;
d) synthetic meat, fish, poultry or animal food product;
e) biofabricated meat, fish, poultry or animal food product; and
f) cell-cultivated meat, fish, poultry or animal food product.
4. Specifies that the prohibition does not prohibit a person from using or affixing terms used or historically defined to reference a specific meat or meat food product, poultry or poultry product or fish or fish product on such a product.
5. Specifies that the prohibition does not prohibit a person from using a word or term for the purposes of communicating a brand name, slogan, trademark or trade name in a manner that is not intentionally false, misleading or deceptive.
6. Specifies that each day a violation occurs is considered a separate offense.
7. Defines terms.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes, from the outlined prohibition, intentionally misbranding a food product as outlined.
2. Prohibits a person who places a label on a food product from intentionally misrepresenting a product that is not derived from the slaughter or killing of an animal, rather than from livestock or poultry.
3. Adds, to the list of items which a person may not misrepresent a product not derived from the slaughter or killing of an animal as being, fish, a fish product, or any other animal food product.
4. Specifies that the prohibition does not prohibit a person from using a word or term for the purposes of communicating a brand name, slogan, trademark or trade name in a manner that is not intentionally false, misleading or deceptive.
5. Defines animal, animal food product, big game, fish, fish product, livestock, slaughter and small game.
6. Makes technical changes.
Amendments Adopted by the Additional Committee of the Whole
1. Prohibits a person who places a label on a food product from intentionally misrepresenting a cell-cultured food product or a synthetic food product derived from a plant, insect or other source without disclosing that the product is derived from such a source and outlines required terms for labels, advertising and promotional materials.
2. Specifies that the prohibition does not prohibit a person from representing a cell-cultured food product as any of the following or their species-specific equivalents:
a) cell-cultured meat, fish, poultry or animal food product;
b) lab-grown meat, fish, poultry or animal food product;
c) cell-based meat, fish, poultry or animal food product;
d) synthetic meat, fish, poultry or animal food product;
e) biofabricated meat, fish, poultry or animal food product; and
f) cell-cultivated meat, fish, poultry or animal food product.
3. Specifies that the prohibition does not prohibit a person from using or affixing terms used or historically defined to reference a specific meat or meat food product, poultry or poultry product or fish or fish product on such a product.
4. Modifies the definition of misrepresent.
5. Makes technical and conforming changes.
House Action Senate Action
LARA 1/22/24 DP 6-3-0-0 NREW 1/29/24 DPA 4-3-0
3rd Read 2/1/24 35-20-1-0-4 3rd Read 4/2/24 15-15-0
Prepared by Senate Research
April 24, 2024
RA/SDR/slp