I 

118TH CONGRESS 

2D SESSION H. R. 6945 

To require enforcement against misbranded egg alternatives. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2024 

Ms. STEFANIK (for herself and Ms. WILD) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To require enforcement against misbranded egg alternatives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consistent Egg Labels 

5 Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Eggs and egg products are nutrient- and 

9 protein-rich foods that contribute to a healthy diet, 

10 according to the Dietary Guidelines for Americans, 

11 2020–2025 (referred to in this section as the ‘‘Die12 tary Guidelines’’) published by the Department of 

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1 Agriculture and the Department of Health and 

2 Human Services. 

3 (2) Eggs and egg products are important 

4 sources of iron, zinc, protein, choline, and long chain 

5 polyunsaturated fatty acids. Long chain polyunsat6 urated fatty acids contribute to healthy brain devel7 opment for infants, according to the Dietary Guide8 lines. 

9 (3) Many Americans rely on eggs and egg prod10 ucts as an affordable, healthy source of protein. Nu11 tritional research from the Department of Agri12 culture finds that eggs are the lowest cost source of 

13 protein, vitamin A, vitamin B12, iron, and ribo14 flavin. Eggs provide Americans with an easy, inex15 pensive source of protein. 

16 (4) The protein found in eggs is highly digest17 ible and contains numerous essential amino acids. 

18 Plant-sourced protein found in egg product alter19 natives does not contain essential amino acids in lev20 els as concentrated as in eggs. 

21 (5) Egg product alternatives are relatively new 

22 on the market and have potential to mislead con23 sumers if such products are not properly labeled to 

24 distinguish such products from products made from 

25 shell eggs. 

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1 (6) Consumers purchase egg product alter2 natives for various reasons, including food allergies. 

3 Consumers who need to purchase alternatives should 

4 be assured of labeling that is truthful and not mis5 leading. 

6 SEC. 3. PURPOSE. 

7 No food may be introduced or delivered for introduc8 tion into interstate commerce using a market name for 

9 an egg or egg product if the food does not meet the cri10 terion set forth for eggs or egg products under paragraph 

11 (z)(2) of section 403 of the Federal Food, Drug, and Cos12 metic Act (21 U.S.C. 343) (as added by section 4(a)). 

13 SEC. 4. ENFORCEMENT OF DEFINITION. 

14 (a) IN GENERAL.—Section 403 of the Federal Food, 

15 Drug, and Cosmetic Act (21 U.S.C. 343) is amended by 

16 adding at the end the following: 

17 ‘‘(z)(1) If it uses a market name for an egg or egg 

18 product described in subparagraph (3) and the food does 

19 not meet the criterion for being an egg or egg product, 

20 as described in subparagraph (2). 

21 ‘‘(2) For purposes of this paragraph, a food is an 

22 egg only if the food is the reproductive output of avian 

23 poultry species, including an albumen or yolk that is, or 

24 was at any point, encased in a calcium-based shell. For 

25 purposes of this paragraph, a food is an egg product only 

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1 if the food is an egg product described in part 160 of title 

2 21, Code of Federal Regulations (or successor regula3 tions). 

4 ‘‘(3) A market name for an egg or egg product de5 scribed in this subparagraph means the egg or egg product 

6 terms described in part 160 of title 21, Code of Federal 

7 Regulations (or successor regulations), section 590.5 of 

8 title 9, Code of Federal Regulations (or successor regula9 tions), or the common and usual name for ‘egg’.’’. 

10 (b) GUIDANCE.— 

11 (1) NEW GUIDANCE.—The Secretary of Health 

12 and Human Services, acting through the Commis13 sioner of Food and Drugs, shall— 

14 (A) not later than 180 days after the date 

15 of enactment of this Act, issue draft guidance 

16 on how enforcement of the amendment made by 

17 subsection (a) will be carried out; and 

18 (B) not later than 1 year after the date of 

19 enactment of this Act, issue final guidance on 

20 such enforcement. 

21 (2) EFFECT ON CERTAIN PREVIOUS GUID22 ANCE.—Effective on the date of enactment of this 

23 Act, any guidance with respect to eggs or egg prod24 ucts issued by the Secretary of Health and Human 

25 Services, acting through the Commissioner of Food 

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1 and Drugs, that is not consistent with paragraph (z) 

2 of section 403 of the Federal Food, Drug, and Cos3 metic Act (21 U.S.C. 343), as added by subsection 

4 (a), shall have no force or effect. 

5 (c) REPORT TO CONGRESS.—Not later than 2 years 

6 after the date of enactment of this Act, the Secretary of 

7 Health and Human Services, acting through the Commis8 sioner of Food and Drugs, and in consultation with the 

9 Secretary of Agriculture, acting through the Adminis10 trator of the Food Safety and Inspection Service, shall re11 port to Congress on actions taken with respect to food that 

12 is misbranded as described in paragraph (z) of section 403 

13 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

14 343), as amended by this Act, including warnings issued 

15 pursuant to such paragraph and penalties assessed under 

16 section 303 of such Act (21 U.S.C. 333) with respect to 

17 such paragraph. If food that is misbranded under such 

18 section 403(z) is offered for sale in interstate commerce 

19 at the time of such report, the Commissioner of Food and 

20 Drugs shall include in such report an updated plan for 

21 actions to be taken with respect to such food. 

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