Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims

1. PURPOSE
   This notice informs inspection program personnel (IPP) that FSIS is amending its regulations to define the conditions under which the labeling of meat, poultry, and egg products under mandatory inspection, as well as voluntarily inspected products, may bear voluntary label claims indicating that the product is of United States origin. As of January 1, 2026, if establishments choose to include these voluntary claims on their labels, they will need to meet the new labeling requirements. IPP should also be aware that FSIS has updated its guidance on the use of voluntary U.S.-origin labels eligible for generic approval. Links to the rule and the guidance are included below.
2. BACKGROUND
   1. On March 18, 2024, FSIS published the final rule, Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims (89 FR 19470). These claims are not required to be included on the label.  Establishments may voluntarily include these claims on labels of meat, poultry, and egg products.
   2. Specifically, the final rule:
      1. Permits the generic approval of two voluntary U.S.-origin label claims, “Product of USA” and “Made in the USA,” for use on single ingredient FSIS-regulated products derived from animals born, raised, slaughtered, and processed in the United States (see 9 CFR 412.3(a));
      2. Permits the generic approval of two voluntary label claims, “Product of USA” and “Made in the USA,” for use on multi-ingredient FSIS-regulated products if: (1) All FSIS-regulated products in the multi-ingredient product are derived from animals born, raised, slaughtered, and processed in the United States; (2) all other ingredients, other than spices and flavorings, are of domestic origin; and (3) the preparation and processing steps for the multi-ingredient product have occurred in the United States (see 9 CFR 412.3(b));
      3. Permits the generic approval of voluntary label claims other than “Product of USA” and “Made in the USA” that indicate that a preparation or processing step of a FSIS-regulated product is of U.S. origin. Specifies that such claims will need to include the preparation and processing steps (including slaughter) that occurred in the United States upon which the claim is made (see 9 CFR 412.3(c));
      4. Permits the use of voluntary label claims to designate the U.S. State, territory, or locality-origin of a FSIS-regulated product or product component, provided that such claims meet the requirements for use of corresponding voluntary U.S.-origin claims (see 9 CFR 412.3(d));
      5. Requires that label displays of the U.S. flag, or a U.S. State or territory flag, on FSIS-regulated products will be considered use of voluntary origin claims of the United States or the respective U.S. State or territory (see 9 CFR 412.3(e)); and
      6. Requires that establishments choosing to use a U.S.-origin claim on labels of FSIS-regulated products will need to maintain, and provide FSIS access to, documentation sufficient to demonstrate that the product meets the regulatory criteria for use of the claim as the regulations require for the use of all generically approved labels (see 9 CFR 412.2(a)(1) and 412.3(f) and (g)).
3. IPP AWARENESS
   1. IPP are to be aware that establishments choosing to include voluntary U.S.-origin claims on the labels of FSIS-regulated products will need to comply with the new regulatory requirements under 9 CFR 412.3 on the next uniform compliance date for new labeling regulations, January 1, 2026.
   2. IPP are to be aware that establishments may choose to voluntarily change their labels to comply with the final rule before January 1, 2026, and are encouraged to do so as soon as practicable. However, IPP are not to enforce the new requirements for voluntary U.S.-origin claims before January 1, 2026.
   3. IPP are to be aware that the final rule applies to products sold in the domestic market. For products exported from the United States, IPP are to continue to verify that labeling requirements for the applicable country are met, as shown in the FSIS Export Library.
   4. IPP also are to be aware that FSIS has updated its Guideline for Label Approval on the use of voluntary U.S.-origin labels eligible for generic approval to provide examples of the types of documentation that establishments may maintain to support use of the claims.
4. QUESTIONS
   Refer questions regarding this notice to your supervisor or as needed to the Office of Policy and Program Development (OPPD) through askFSIS, or by telephone at 1-800-233-3935. When submitting a question, complete the web form and select Labeling as the Inquiry Type.

Related Resources

Docket No. FSIS-2022-0015

FSIS Guideline: FSIS-GD-2024-0001