USDA Issues 'Product of USA' Labeling Rule
Published: Friday, March 22, 2024
U.S. Department of Agriculture issued a final rule on labeling meat "Product of USA," allowing that claim only for meat from animals born, raised, harvested and processed in the United States.
Meat from live animals imported into the United States for feeding, harvesting and processing could no longer make such a claim. Minimally processed products could use a qualified U.S.-origin claim, such as "sliced and packaged in the United States using imported pork." Companies have until Jan. 1, 2026 to comply with the new rule.
Meatpackers would not be required to label their product, but if they voluntarily use "Product of USA" or "Made in USA" or an American flag, they must be able to provide proof of the claim. USDA will generically approve labels—no special process verification programs or additional approval steps are needed.
The rule only applies to domestic U.S. sales; all exports will continue to follow the labeling rules of the country of destination. If a product includes multiple ingredients, all must comply with the rule's criteria, except for spices and flavorings in processed products. For example, a beef and pork sausage would have to source products from cattle and pigs that were born, raised and slaughtered in the United States to use "Product of USA."
The regulation also allows for state or locality-based claims—"Product of Iowa," for example—as long as the claim follows the same born, raised, slaughtered and processed criteria.
The National Pork Producers Council is concerned that the regulation will strain the relationships between the United States and its trading partners, particularly Canada and Mexico, and could result in disputes being filed with the World Trade Organization or under the U.S.-Mexico-Canada Agreement against the United States, with a likelihood of tariff retaliation against U.S. goods, particularly agricultural products.
In June 2023, NPPC submitted comments on the draft regulations, highlighting concerns about disruptions of the integrated supply chain between the three countries.
Under USMCA (previously NAFTA), supply chain integration between the US, Canada and Mexico has been highly encouraged. The U.S. exported pork and pork products worth over $2.3 billion to Mexico and over $875 million to Canada in 2023. The U.S. imports pork, pork products and live swine from USMCA partners.
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