S4499

An Act concerning animal cell-cultivated food products and supplementing Title 24 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Cell-cultivated food” means any cultured animal tissue produced from in vitro animal cell cultures outside of the organism from which it is derived to produce food or ingredients for food.

“Commercial feed” means the same as that term is defined in subsection d. of section 3 of P.L.1970, c.338 (C.4:4-20.3).

“Food service business” means a business that sells or provides precooked meals or prepared food for immediate consumption on or off the premises and includes, but is not limited to, a restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or an institutional cafeteria, including those operated by or on behalf of a governmental entity.

“Label” means a display of written, printed, or graphic matter that appears on the principal display panel of a food’s wrapper, container, or package, or that otherwise accompanies a food at the time of its distribution or sale.

“Pet food” means the same as that term is defined in subsection t. of section 3 of P.L.1970, c.338 (C.4:4-20.3).

“Principal display panel” means the side of the food’s wrapper, container, or package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale; provided, however, for a cylindrical or nearly cylindrical package, the surface area of the principal display panel shall constitute at least 40 percent of the product package as measured by multiplying the height of the container by the circumference.

2. a. Every packaged cell–cultivated food product that is offered for sale in this State shall have a label on the product’s principal display panel indicating that the product is or contains cell-cultivated food. The label shall be easily understandable to the average consumer and also shall:

(1) be clear and conspicuous and have sufficiently high contrast with the immediate background of the wrapper, container, or package to render the label reasonably likely to be seen and read by the average consumer under customary conditions of purchase and use;

(2) be sized equal to at least two percent of the surface area of the principal display panel and shall not be obscured by any seams, folds, or other design elements of the wrapper, container, or package;

(3) be, for a cell-cultivated food product sold in bulk at retail, visible on both the outer package and the individual packages contained within unless the individual packages contained within the outer package are not intended for individual sale and contain no retail labeling; and

(4) not be deceptively similar to any food product that does not contain cell-cultivated food. A deceptively similar label means a label that could mislead a reasonable person to believe the product for sale is one the cell-cultivated food is intended to mimic or replicate that does not contain cell-cultivated food.

b. A packaged cell-cultivated food product that is not labeled in accordance with this section shall be deemed misbranded in violation of the provisions of chapter 5 of Title 24 of the Revised Statutes.

c. The provisions of this section shall not apply to a cell-cultivated food product that is sold, offered for sale, or distributed by a retailer or wholesaler that does not package or label the cell-cultivated food product.

d. The Commissioner of Health, in consultation with the Secretary of Agriculture, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this section. These rules and regulations shall include, but shall not be limited to, standards of measurement and procedures for the qualification of cell-cultivated food in raw foods, such as meats, fish, seafood, poultry, eggs, and dairy products; processed foods, such as freeze-dried, canned, or frozen foods; and prepared foods, such as pre-cooked meals.

3. a. Every food service business operating in this State shall indicate if a product offered is or contains cell-cultivated food.

b. A product offered in violation of this section shall be deemed misbranded pursuant to R.S.24:5-17.

c. The Commissioner of Health, in consultation with the Secretary of Agriculture, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this section. These rules and regulations shall include standards for indication of cell-cultivated food on menus or displays, and verbal notification for circumstances when signage is not efficacious.

4. a. Nothing in this act shall be construed to restrict or prohibit compliance with applicable federal law pertaining to the inspection, packaging, or labeling of food.

b. The provisions of this act shall not apply to commercial feed, pet food, or a product regulated as animal food.

5. This act shall take effect on the first day of the 19^th month next following enactment, except that the Commissioner of Health and the Secretary of Agriculture may take anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes labeling standards for packaged cell-cultivated food products and requires consumer notification by food service businesses when offering cell-cultivated food.

Under the bill, “cell-cultivated food” is defined as any cultured animal tissue produced from in vitro animal cell cultures outside of the organism from which it is derived to produce food, or ingredients for food.

The bill requires that packaged cell-cultivated food have a label on the front of the packaging indicating that the product is or contains cell-cultivated food and that the information is displayed conspicuously and understandably. The bill provides specifications regarding the size and placement of the label. The bill also requires food service businesses to indicate if a product offered contains cell-cultivated food. Under the bill, a “food service business” is a business that sells or provides pre-cooked or prepared food for immediate consumption, such as restaurants, cafes, delicatessens, coffee shops, convenience stores, grocery stores, vending trucks or carts, food trucks, movie theaters, and institutional cafeterias in businesses or governmental entities. The bill’s provisions do not apply to “commercial feed” or “pet food,” as those terms are defined by the New Jersey Commercial Feed Law of 1970, or products regulated as animal food.

Finally, the bill requires the Department of Health (DOH), in consultation with the Department of Agriculture, to adopt rules and regulations necessary to implement the bill’s provisions. These would include the creation of standards of measurement and qualification for packaged cell-cultivated food in raw, processed, and prepared foods, and standards for signage or notification for cell-cultivated food served by food service businesses.

A violation of the bill’s provisions would render a packaged or offered item to be deemed misbranded. Purveyors of misbranded food items are subject to penalties for violating the State Sanitary Code (N.J.S.A.26:1A-10), which is enforced by the DOH. Each violation of the State Sanitary Code constitutes a separate offense and is punishable by a penalty of not less than $50 and not more than $1,000 which may be recovered in a civil action in any court of competent jurisdiction by the State or a municipal board of health.