USDA Finalizes New Requirements for the Voluntary “Product of USA” Labeling Claim

On March 11, 2024, FSIS announced a final rule with new regulatory requirements to better align the voluntary “Product of USA” claim with consumers’ understanding of what the claim means. The final rule allows the voluntary “Product of USA” or “Made in the USA” claim to be used only on FSIS-regulated products that are derived from animals born, raised, slaughtered and processed in the United States. The final rule also responds to comments received on the March 2023 proposal. 

USDA’s final rule is supported by petitions, thousands of comments from stakeholders, and data from a nationwide consumer survey. In addition, most of the 3,364 comments received on the proposed rule from stakeholders were in support of the proposed changes.  

Under the final rule, the “Product of USA” or “Made in the USA” label claim will continue to be voluntary. It will also remain eligible for generic label approval, meaning it would not need to be pre-approved by FSIS before it could be used on regulated product, but would require establishments to maintain documentation on file supporting the claim. The final rule also allows the use of other voluntary U.S. origin claims on meat, poultry and egg products sold in the marketplace. These claims will need to include a description on the package of the preparation and processing steps that occurred in the United States upon which the claim is made.  

USDA has also published an updated labeling guidance on the use of voluntary U.S.-origin label claims to provide examples of claims and the types of documentation that establishments may maintain to support use of the claims. The guidance will be open for public comment for 60 days after publishing in the Federal Register. Public comments can be submitted at www.regulations.gov.  

Establishments voluntarily using a claim subject to the final rule will need to comply with the new regulatory requirements by January 1, 2026, and are encouraged to do so as soon as practicable after the publication of this final rule.