ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB246
Hearing Date: Tuesday February 18, 2025
Committee On: Agriculture
Introducer: DeKay
One Liner: Prohibit cultivated-protein food products under the Nebraska Pure Food Act and provide a
deceptive trade practice
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 5 Senators DeKay, Holdcroft, Kauth, McKeon, Storm
Nay: 1 Senator Raybould
Absent:
Present Not Voting:2 Senators Hansen, Ibach
Testimony:
Proponents: Representing:
Senator Barry DeKay Opening Presenter
Sherry Vinton Nebraska Department of Agriculture
Rusty Kemp Self
Edison McDonald GC Resolve
Tracy Aksamit Self
Kathy Wilmot Self, Nebraska Eagle Forum
Wesley Wilmot Self
Opponents: Representing:
Josephine Litwinowicz Higher Power Church
Daniel Gertner The Good Food Institute
Christopher Sukstorf Self
Neutral: Representing:
Craig Uden Nebraska Cattlemen, Nebraska State Chamber of
Commerce
Bruce Rieker Agriculture Leaders Working Group
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 246 defines cultivated-protein food products and declares foods that are or contain such cultivated food proteins
as adulterated for purposes of the Nebraska Pure Food Act. Acts of commercial sale or distribution of such
adulterated food products under this section would be enforceable as a deceptive trade practice.
Committee Statement: LB246
Agriculture Committee
Page 1 056722570f40f917db0abf08b9b2cfbd Section-by-section summary:
Sec. 1: Amends sec. 81-2,239 to incorporate new section 3 of the bill within the Nebraska Pure Food Act.
Sec. 2: Amends sec. 81-2,240 to incorporate the definition of “cultivated-protein food product” in section 3 as a
defined term for purposes of the Nebraska Pure Food Act.
Sec. 3: Inserts a new section defining “cultivated-protein food product" as a product having sensory resemblance to
tissues of harvested food animals but that are derived from a manufacturing process involving the isolation and
propagation of stem cells or other nonanimal sources.
Sec. 4: Amends sec. 81-2,282 which prohibits adulterating food, and the manufacture and sale of adulterated food,
and lists conditions under which food is deemed adulterated. LB 246 expands prohibited acts to include additional
activities associated with marketing of adulterated products and deems cultivated- protein food products to be
adulterated. LB 246 further declares a violation of this section shall additionally and separately constitute a deceptive
trade practice and that this section does not affect liability for any action that violates the Uniform Deceptive Trade
Practices Act.
Sec. 5: Amends Sec. 87-302 of the Uniform Deceptive Trade Practices Act to add a violation of Sec 81-2,282 of the
Nebraska Pure Food Act as a deceptive trade practice.
Sec. 6: Repealer
Explanation of amendments:
The committee amendment (AM 226) replaces original section 3 of LB 246 as introduced with a new section 3. The
amendment substantially retains the definition of "cultivated-protein food product" contained in section 3 as introduced
but omits the phrase “or nonanimal sources” .
Barry DeKay, Chairperson
Committee Statement: LB246
Agriculture Committee
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