,,ii #aaith ,,congress #ast ,session ,s4 #bibi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbe ,mr4 ,fetterman 7for himself and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require enforcement against misbranded egg alternatives4 #a4 ,short title ,this ,act may be cited as the ,consistent ,egg ,labels ,act of #bjbe4 #b4 ,findings ,congress finds as follows3 7#a7 ,eggs and egg products are nutrient- and protein-rich foods that contribute to a healthy diet1 according to the ,dietary ,guidelines for ,americans1 #bjbj-bjbe 7referred to in this section as the ,dietary ,guidelines7 published by the ,department of ,agriculture and the ,department of ,health and ,human ,services4 7#b7 ,eggs and egg products are important sources of iron1 zinc1 protein1 choline1 and long chain polyunsaturated fatty acids4 ,long chain polyunsaturated fatty acids contribute to healthy brain development for infants1 according to the ,dietary ,guidelines4 7#c7 ,many ,americans rely on eggs and egg products as an affordable1 healthy source of protein4 ,nutritional research from the ,department of ,agriculture finds that eggs are the lowest cost source of protein1 vitamin ,a1 vitamin ,b#ab1 iron1 and riboflavin4 ,eggs provide ,americans with an easy1 inexpensive source of protein4 7#d7 ,the protein found in eggs is highly digestible and contains numerous essential amino acids4 ,plant-sourced protein found in egg product alternatives does not contain essential amino acids in levels as concentrated as in eggs4 7#e7 ,egg product alternatives are relatively new on the market and have potential to mislead consumers if such products are not properly labeled to distinguish such products from products made from shell eggs4 7#f7 ,consumers purchase egg product alternatives for various reasons1 including food allergies4 ,consumers who need to purchase alternatives should be assured of labeling that is truthful and not misleading4 #c4 ,purpose ,no food may be introduced or delivered for introduction into interstate commerce using a market name for an egg or egg product if the food does not meet the criterion set forth for eggs or egg products under paragraph 7z77#b7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 7as added by section #d7;a774 #d4 ,enforcement of definition 7a7 ,in general ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 7#a7 ,if it uses a market name for an egg or egg product described in subparagraph 7#c7 and is intended for use as a substitute for egg or egg products1 and the food does not meet the criterion for being an egg or egg product1 as described in subparagraph 7#b74 7#b7 ,for purposes of this paragraph1 a food is an egg only if the food is the reproductive output of avian poultry species1 including an albumen or yolk that is1 or was at any point1 encased in a calcium-based shell4 ,for purposes of this paragraph1 a food is an egg product only if the food is an egg product described in part #afj of title #ba1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,a market name for an egg or egg product described in this subparagraph means the egg or egg product terms described in part #afj of title #ba1 ,code of ,federal ,regulations 7or successor regulations71 section #eij4e of title #i1 ,code of ,federal ,regulations 7or successor regulations71 or the common and usual name for egg4 7#d7 ,nothing in this paragraph shall be construed to prohibit the use1 with respect to a food1 of the term egg or any derivative of such term solely because the food resembles an egg in shape1 provided that the food is not represented as1 or intended to be1 a substitute for or an alternative to an egg or egg product described in subparagraph 7#b74 4 7b7 ,guidance 7#a7 ,new guidance ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 issue draft guidance on how enforcement of the amendment made by subsection 7a7 will be carried out2 and 7,b7 not later than #a year after the date of enactment of this ,act1 issue final guidance on such enforcement4 7#b7 ,effect on certain previous guidance ,effective on the date of enactment of this ,act1 any guidance with respect to eggs or egg products issued by the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 that is not consistent with paragraph 7z7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as added by subsection 7a71 shall have no force or effect4 7c7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 and in consultation with the ,secretary of ,agriculture1 acting through the ,administrator of the ,food ,safety and ,inspection ,service1 shall report to ,congress on actions taken with respect to food that is misbranded as described in paragraph 7z7 of section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc71 as amended by this ,act1 including warnings issued pursuant to such paragraph and penalties assessed under section #cjc of such ,act 7#ba ,u4,s4,c4 #ccc7 with respect to such paragraph4 ,if food that is misbranded under such section #djc7z7 is offered for sale in interstate commerce at the time of such report1 the ,commissioner of ,food and ,drugs shall include in such report an updated plan for actions to be taken with respect to such food4