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. 
Be it enacted by the Senate and House of Representa-
tives 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 2024’’. 
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 ‘‘Die-
tary Guidelines’’) published by the Department of 
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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 polyunsat-
urated fatty acids contribute to healthy brain devel-
opment for infants, according to the Dietary Guide-
lines. 
(3) Many Americans rely on eggs and egg prod-
ucts as an affordable, healthy source of protein. Nu-
tritional research from the Department of Agri-
culture finds that eggs are the lowest cost source of 
protein, vitamin A, vitamin B12, iron, and ribo-
flavin. Eggs provide Americans with an easy, inex-
pensive source of protein. 
(4) The protein found in eggs is highly digest-
ible and contains numerous essential amino acids. 
Plant-sourced protein found in egg product alter-
natives does not contain essential amino acids in lev-
els as concentrated as in eggs. 
(5) Egg product alternatives are relatively new 
on the market and have potential to mislead con-
sumers if such products are not properly labeled to 
distinguish such products from products made from 
shell eggs. 
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(6) Consumers purchase egg product alter-
natives for various reasons, including food allergies. 
Consumers who need to purchase alternatives should 
be assured of labeling that is truthful and not mis-
leading. 
SEC. 3. PURPOSE. 
No food may be introduced or delivered for introduc-
tion into interstate commerce using a market name for 
an egg or egg product if the food does not meet the cri-
terion set forth for eggs or egg products under paragraph 
(z)(2) of section 403 of the Federal Food, Drug, and Cos-
metic 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 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 
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if the food is an egg product described in part 160 of title 
21, Code of Federal Regulations (or successor regula-
tions). 
‘‘(3) A market name for an egg or egg product de-
scribed 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 regula-
tions), or the common and usual name for ‘egg’.’’. 
(b) GUIDANCE.— 
(1) NEW GUIDANCE.—The Secretary of Health 
and Human Services, acting through the Commis-
sioner 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
GUID-
ANCE.—Effective on the date of enactment of this 
Act, any guidance with respect to eggs or egg prod-
ucts issued by the Secretary of Health and Human 
Services, acting through the Commissioner of Food 
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and Drugs, that is not consistent with paragraph (z) 
of section 403 of the Federal Food, Drug, and Cos-
metic 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 Commis-
sioner of Food and Drugs, and in consultation with the 
Secretary of Agriculture, acting through the Adminis-
trator of the Food Safety and Inspection Service, shall re-
port 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. 
Æ 
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