HOUSE BILL 25-1203
BY REPRESENTATIVE(S) Winter T. and McCormick, Bacon, Brooks,
Brown, Caldwell, Duran, English, Garcia Sander, Gonzalez R., Hartsook,
Johnson, Joseph, Keltie, Lieder, Lukens, Martinez, Richardson, Smith,
Soper, Stewart K., Taggart, Titone, Weinberg, Woog, Zokaie, McCluskie;
also SENATOR(S) Pelton R. and Mullica, Carson, Catlin, Exum, Lundeen,
Pelton B., Roberts, Simpson, Coleman.
C
ONCERNING CELL-CULTIVATED MEAT, AND, IN CONNECTION THEREWITH,
PROHIBITING THE MISBRANDING OF CELL -CULTIVATED MEAT AS A
MEAT PRODUCT AND REQUIRING CELL
-CULTIVATED MEAT TO BE
CLEARLY LABELED AS CELL
-CULTIVATED MEAT.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) For generations, Colorado stock growers have raised high-quality
meat products that feed families across the state and the nation;
(b) Livestock production is not just an industry in Colorado; it is a
proud tradition woven into the very fabric of the state's history; and
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) Agriculture remains the lifeblood of rural Colorado, driving local
economies while preserving a rich heritage that rural Coloradans embrace
with pride.
(2) Now, therefore, the general assembly declares that a labeling
requirement on the sale or distribution of cell-cultivated meat in the state is
necessary to eliminate any potential for deceptive trade practices and
preserve the free market choice that all Colorado consumers deserve when
it comes to their protein options.
SECTION 2. In Colorado Revised Statutes, 25-5-411, amend (1)
introductory portion; and add (1)(q) and (1)(r) as follows:
25-5-411. Definitions of "misbranding". (1) A food shall be
IS
deemed to be misbranded:
(q) I
F THE FOOD IS CELL -CULTIVATED MEAT OR CONTAINS
CELL
-CULTIVATED MEAT AND IS MISBRANDED AS A MEAT PRODUCT IN
VIOLATION OF SECTION
25-5-428; OR
(r) IF THE FOOD IS CELL -CULTIVATED MEAT OR CONTAINS
CELL
-CULTIVATED MEAT AND IS NOT CLEARLY LABELED AS
CELL
-CULTIVATED MEAT IN VIOLATION OF SECTION 25-5-428.
SECTION 3. In Colorado Revised Statutes, add 25-5-428 as
follows:
25-5-428. Misbranding of cell-cultivated meat as meat product
prohibited - labeling of cell-cultivated meat required - definitions -
inspections - stop orders - embargo orders - enforcement - rules. (1) A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
GRICULTURAL FOOD ANIMAL " MEANS:
(I) A
DOMESTICATED ANIMAL BELONGING TO THE BOVINE , CAPRINE,
OVINE, OR PORCINE SPECIES; OR
(II) A LIVE DOMESTIC CHICKEN OR TURKEY .
PAGE 2-HOUSE BILL 25-1203 (b) "CELL-CULTIVATED MEAT" MEANS FOOD HAVING ONE OR MORE
SENSORY ATTRIBUTES THAT RESEMBLES A TYPE OF TISSUE ORIGINATING
FROM AN AGRICULTURAL FOOD ANIMAL BUT THAT
, IN LIEU OF BEING
DERIVED FROM MEAT PROCESSING
, IS DERIVED FROM MANUFACTURING
CELLS
, IN WHICH ONE OR MORE STEM CELLS ARE INITIALLY ISOLATED FROM
AN AGRICULTURAL FOOD ANIMAL
, ARE GROWN IN VITRO, AND MAY BE
MANIPULATED AS PART OF A MANUFACTURING OPERATION
.
(c) "F
OOD PROCESSING PLANT" MEANS A COMMERCIAL OPERATION
THAT MANUFACTURES
, PACKAGES, LABELS, OR STORES FOOD FOR HUMAN
CONSUMPTION AND DOES NOT PROVIDE FOOD DIRECTLY TO A CONSUMER
.
(d) "I
DENTIFYING MEAT TERM" MEANS ANY WORD OR PHRASE THAT
STATES
, INDICATES, SUGGESTS, OR DESCRIBES A MEAT PRODUCT ,
REGARDLESS OF WHETHER THE WORD OR PHRASE IS USED INDIVIDUALLY , AS
A PORTMANTEAU
, OR AS A COMPOUND WORD . "IDENTIFYING MEAT TERM"
INCLUDES:
(I) A
COMMON NAME FOR THE SPECIES OF THE AGRICULTURAL FOOD
ANIMAL SUBJECT TO SLAUGHTER AND PROCESSING
, INCLUDING A CALF OR
COW
, CHICKEN, GOAT OR KID, HOG OR PIG, POULTRY, LAMB OR SHEEP, OR
TURKEY
;
(II) A
COMMON NAME FOR A CHARACTERISTIC OF A SPECIES OF THE
AGRICULTURAL FOOD ANIMAL SUBJECT TO SLAUGHTER AND PROCESSING
BASED ON AGE
, BREED, OR SEX;
(III) B
EEF OR VEAL; BROILER, FRYER, POULET, OR YEARLING;
CABRITO OR CHEVON; LAMB OR MUTTON; OR PORK;
(IV) A
COMMON NAME USED TO DESCRIBE A MAJOR CUT OF THE
MEAT OF AN AGRICULTURAL FOOD ANIMAL SLAUGHTERED AND PROCESSED
,
INCLUDING A MAJOR MEAT CUT SPECIFIED IN 9 CFR 317.344;
(V) A
POULTRY PRODUCT SUCH AS BREAST , DRUMSTICK, GIBLET,
THIGH, OR WING;
(VI) T
HE COMMON NAME OF AN ORGAN OR OFFAL , INCLUDING
GIZZARD
, HEART, LIVER, KIDNEY, OR TONGUE; AND
PAGE 3-HOUSE BILL 25-1203 (VII) ANY OTHER COMMON NAME THAT A REASONABLE PURCHASER
WOULD IMMEDIATELY AND EXCLUSIVELY ASSOCIATE WITH A MEAT PRODUCT
PREPARED FOR SALE IN NORMAL COMMERCIAL CHANNELS
, SUCH AS BACON,
BALONEY, BOLOGNA, BONE, BRAT OR BRATWURST, BRISKET, BURGER OR
HAMBURGER
, BUTT, CHOP, CHUCK, COLD CUT, CUTLET, FILET, FLAT IRON,
FRANK OR FRANKFURTER, HAM, HOCK, HOT DOG, JERKY, LIVERWURST, LOIN,
L
ONDON BROIL, LUNCH MEAT, NEW YORK STRIP, PEPPERONI, PORTERHOUSE,
RIBEYE, ROAST, RIB OR SPARERIB, SALAMI, SAUSAGE, SHANK, SIRLOIN,
TENDERLOIN, OR A COMPARABLE WORD OR PHRASE THE DEPARTMENT
ADOPTS BY RULE
.
(e) "M
EAT PROCESSING" MEANS THE HANDLING, PREPARATION, AND
SLAUGHTER OF AN AGRICULTURAL FOOD ANIMAL
; THE DRESSING OF ITS
CARCASS
; OR THE CUTTING, STORAGE, AND PACKAGING OF ITS TISSUE OR
OTHER PARTS AS FOOD
.
(f) "M
EAT PRODUCT" MEANS FOOD DERIVED FROM MEAT
PROCESSING
.
(g) (I) "M
ISBRANDED AS A MEAT PRODUCT " MEANS THAT
CELL
-CULTIVATED MEAT OR A FOOD CONTAINING CELL -CULTIVATED MEAT:
(A) I
S SOLD OR OFFERED FOR SALE BY A FOOD PROCESSING PLANT ;
AND
(B) BEARS A LABEL THAT INCLUDES AN IDENTIFYING MEAT TERM .
(II) N
OTWITHSTANDING SUBSECTION (1)(g)(I) OF THIS SECTION,
CELL-CULTIVATED MEAT OR A FOOD CONTAINING CELL -CULTIVATED MEAT
IS NOT MISBRANDED AS A MEAT PRODUCT IF
:
(A) T
HE LABEL INCLUDES A CONSPICUOUS AND PROMINENT
QUALIFYING TERM IN CLOSE PROXIMITY TO THE IDENTIFYING MEAT TERM
; OR
(B) THE PRODUCT CONTAINS NO MORE THAN A TRACE AMOUNT OF
CELL
-CULTIVATED MEAT, AS DETERMINED BY THE DEPARTMENT .
(h) "Q
UALIFYING TERM" MEANS A WORD, COMPOUND WORD , OR
PHRASE THAT WOULD CLEARLY DISCLOSE TO A REASONABLE PURCHASER OF
MEAT PRODUCTS FROM A FOOD PROCESSING PLANT THAT A FOOD IS NOT A
PAGE 4-HOUSE BILL 25-1203 MEAT PRODUCT. "QUALIFYING TERM" INCLUDES "CELL-CULTIVATED",
"
CELL-CULTURED", "GROWN IN A LAB", "IMITATION", "LAB-CREATED",
"
LAB-GROWN", "MEAT FREE", "MEATLESS", AND A COMPARABLE WORD OR
PHRASE ADOPTED BY THE DEPARTMENT BY RULE
.
(2) A
FOOD PROCESSING PLANT SHALL NOT SELL OR OFFER FOR SALE
CELL
-CULTIVATED MEAT THAT IS MISBRANDED AS A MEAT PRODUCT .
(3) A
FOOD PROCESSING PLANT THAT SELLS OR OFFERS FOR SALE
CELL
-CULTIVATED MEAT SHALL ENSURE THAT EACH UNIT OF THE
CELL
-CULTIVATED MEAT BEARS A LABEL THAT DESCRIBES THE PRODUCT AS
"CELL-CULTIVATED MEAT" IN CLEAR, LEGIBLE TYPE.
(4) T
HE DEPARTMENT SHALL INSPECT AN INVENTORY OF FOOD
OFFERED FOR SALE OR SOLD AT A FOOD PROCESSING PLANT PURSUANT TO
SECTION
25-5-421 IF THE DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE
THAT
:
(a) C
ELL-CULTIVATED MEAT SOLD OR OFFERED FOR SALE BY THE
FOOD PROCESSING PLANT IS MISBRANDED AS A MEAT PRODUCT
; OR
(b) THE FOOD PROCESSING PLANT IS FAILING TO LABEL
CELL
-CULTIVATED MEAT AS REQUIRED BY SUBSECTION (3) OF THIS SECTION.
(5) (a) I
F, AFTER AN INSPECTION, THE DEPARTMENT HAS REASONABLE
CAUSE TO BELIEVE THAT A FOOD PROCESSING PLANT IS SELLING OR OFFERING
FOR SALE CELL
-CULTIVATED MEAT THAT IS MISBRANDED AS A MEAT
PRODUCT
, OR IS FAILING TO LABEL CELL -CULTIVATED MEAT AS
CELL
-CULTIVATED MEAT, THE DEPARTMENT MAY ISSUE A STOP ORDER .
A
FTER RECEIVING THE STOP ORDER, THE FOOD PROCESSING PLANT SHALL
NOT SELL THE PRODUCT OR OFFER IT FOR SALE UNTIL THE DEPARTMENT
DETERMINES WHETHER THE FOOD IS MISBRANDED AS A MEAT PRODUCT OR
IMPROPERLY UNLABELED
. THE DEPARMENT MAY REQUIRE THE FOOD
PROCESSING PLANT TO HOLD THE PRODUCT AND SECURE IT FROM PURCHASE
.
(b) I
F THE DEPARTMENT DETERMINES THAT CELL -CULTIVATED MEAT
SOLD OR OFFERED FOR SALE BY A FOOD PROCESSING PLANT IS MISBRANDED
AS A MEAT PRODUCT
, OR THAT A FOOD PROCESSING PLANT HAS FAILED TO
LABEL CELL
-CULTIVATED MEAT AS REQUIRED BY SUBSECTION (3) OF THIS
SECTION
, THE DEPARTMENT MAY ISSUE AN EMBARGO ORDER REQUIRING THE
PAGE 5-HOUSE BILL 25-1203 FOOD PROCESSING PLANT TO DISPOSE OF THE CELL -CULTIVATED MEAT BY
MEANS OTHER THAN BY SALE TO PURCHASERS IN
COLORADO.
(c) T
HE DEPARTMENT, THE ATTORNEY GENERAL, OR THE DISTRICT
ATTORNEY IN THE DISTRICT WHERE CELL
-CULTIVATED MEAT IS BEING
OFFERED FOR SALE OR SOLD MAY PETITION THE DISTRICT COURT TO ENFORCE
A STOP ORDER ISSUED PURSUANT TO SUBSECTION
(5)(a) OF THIS SECTION OR
AN EMBARGO ORDER ISSUED PURSUANT TO SUBSECTION
(5)(b) OF THIS
SECTION
.
(6) T
HE DEPARTMENT MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION
.
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2026 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 6-HOUSE BILL 25-1203 (2) This act applies to food labeled or packaged on or after the
applicable effective date of this act.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 25-1203