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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2691
Sponsored by Representative SCHARF; Representative BREESE-IVERSON (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act says that plant-based foods are misbranded if their labels imply that they are
made of meat or eggs. The Act tells an agency to try to exclude certain plant-based foods from
federal nutrition programs. The Act tells agencies not to purchase certain plant-based foods. (Flesch
Readability Score: 69.8).
Provides that a manufactured-protein food product that bears a label suggesting that the food
product is made from meat is misbranded unless the food product contains text disclosing that the
food product is not made from meat.
Provides that a fabricated-egg food product that bears a label suggesting that the food product
is made from eggs is misbranded unless the food product contains text disclosing that the food
product is not made from eggs.
Instructs the Department of Human Services to request a waiver that excludes manufactured-
protein food products and fabricated-egg food products from eligibility under federal nutrition pro-
grams.
Instructs the State Board of Education and the Higher Education Coordinating Commission to
separately adopt rules to prohibit the purchasing of manufactured-protein food products and
fabricated-egg food products.
A BILL FOR AN ACT
Relating to plant-based foods; creating new provisions; and amending ORS 616.205 and 616.250.
Be It Enacted by the People of the State of Oregon:
MISBRANDING
SECTION 1. ORS 616.205 is amended to read:
616.205. As used in ORS 616.205 to 616.385, unless the context clearly indicates a different
meaning:
(1) “Advertisement” includes all representations disseminated in any manner or by any means,
other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indi-
rectly, the purchase of the food.
(2) “Color” includes black, white and intermediate grays.
(3)(a) “Color additive” means a material that:
(A) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or
extracted, isolated, or otherwise derived, with or without intermediate or final change of identity,
from a vegetable, animal, mineral, or other source; or
(B) When added or applied to a food or to the human body or any part thereof, is capable, alone
or through reaction with other substance, of imparting color thereto.
(b) “Color additive” does not include any material that has been exempted under the federal
Act.
(c) Notwithstanding paragraph (a) of this subsection, “color additive” does not include any pes-
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2251 HB2691
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ticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in
aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physio-
logical process of produce of the soil and thereby affecting its color, whether before or after harvest.
(4) “Consumer commodity” means any food as defined by ORS 616.205 to 616.215, 616.225 to
616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and
616.992 or by the federal Act.
(5) “Contaminated with filth” means the condition of any food not securely protected from dust,
dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious sub-
stances.
(6) “Cultivated-protein food product” means a food product that has one or more sensory
attributes that resemble a type of tissue originating from a meat animal but that, in lieu of
being derived from processing meat, is derived from a process for manufacturing cells
through which one or more stem cells are initially isolated from livestock, are grown in vitro
and may be manipulated as part of a manufacturing operation.
[(6)] (7) “Dietary ingredient” means one or more of the following or a concentrate, constituent,
extract or metabolite of one or more of the following:
(a) An amino acid;
(b) An herb or other botanical;
(c) A mineral;
(d) A dietary substance intended to supplement the human diet by increasing total dietary in-
take;or
(e) A vitamin.
[(7)] (8) “Dietary supplement” means an article, not including any tobacco product, that:
(a) Is subject to dietary supplement labeling requirements under 21 C.F.R. 101.36;
(b) Is intended to supplement conventional food in the diet of humans and contains a dietary
ingredient;and
(c)(A) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form; or
(B) Is not represented to be a conventional food or to be for use as the sole item of a meal or
diet.
[(8)] (9) “Director” means the Director of Agriculture.
[(9)] (10) “Federal Act” means the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.,
52 Stat. 1040 et seq.
(11) “Egg product” has the meaning given that term in ORS 632.705.
(12) “Eggs” has the meaning given that term in ORS 632.705.
(13) “Fabricated-egg food product” means a food product that has one or more sensory
attributes that resemble an egg product but that, in lieu of being derived from eggs, is de-
rived from manufactured plant or other organic material.
[(10)] (14) “Food” means:
(a) Articles used for food or drink, including ice, for human consumption or food for dogs and
cats;
(b) Chewing gum;
(c) Dietary supplements; and
(d) Articles used for components of any such article.
[(11)] (15) “Food additive” means any substance the intended use of which results or may rea-
sonably be expected to result, directly or indirectly, in its becoming a component or otherwise af-
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fecting the characteristics of any food, including any substance intended for use in producing,
manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food,
and including any source of radiation intended for any such use, if such substance is not generally
recognized, among experts qualified by scientific training and experience to evaluate its safety, as
having been adequately shown through scientific procedures or experience based on common use in
food to be safe under the conditions of its intended use. “Food additive” does not include:
(a) A pesticide chemical in or on a raw agricultural commodity;
(b) A pesticide chemical to the extent that it is intended for use, or is used in the production,
storage or transportation of any raw agricultural commodity; or
(c) A color additive.
[(12)] (16) “Food establishment” means:
(a) Any room, building, structure or place, used or intended for use, or operated for storing,
preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or
displayingfood.
(b) The ground upon which such place or business is operated or used and so much ground ad-
jacent thereto as is also used in carrying on the business of the establishment. The State Depart-
ment of Agriculture may prescribe such additional area or places which, although they may not be
contiguous or adjacent to the above area or establishment, may be included therein.
(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other articles or
items, used in operating or carrying on the business of a food establishment.
(17) “Food product” means a perishable or nonperishable item stored in a container or
package and intended for human consumption.
(18) “Identifying egg term” means a word or phrase used individually or as part of a word
that states, indicates or suggests that a food product is an egg product made in whole or in
part from eggs.
(19) “Identifying meat term” means a word or phrase used individually or as part of a
word that states, indicates or suggests that a food product is a meat product made in whole
or in part from meat.
[(13)] (20) “Immediate container” does not include package liners.
(21) “Insect-protein food product” means a food product that has one or more sensory
attributes that resemble a type of tissue originating from a meat animal but that, in lieu of
being derived from processing meat, is derived from manufacturing insect parts.
[(14)] (22) “Label” means a display of written, printed or graphic matter upon the immediate
container of any article. A requirement made under authority of ORS 616.205 to 616.215, 616.225 to
616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and
616.992 that any word, statement or other information appears on a label has not been obeyed unless
such word, statement or other information also appears on the outside container or wrapper, if any
there be, of the retail package of such article or unless such word, statement or information is easily
legible through the outside container or wrapper.
[(15)] (23) “Labeling” means all labels and other written, printed or graphic matters upon an
article or any of its containers or wrappers, or accompanying such article.
(24) “Manufactured-protein food product” means a cultivated-protein food product,
insect-protein food product or plant-protein food product.
(25) “Meat” has the meaning given that term in ORS 619.010.
(26) “Meat animal” has the meaning given that term in ORS 619.010.
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(27) “Meat product” has the meaning given that term in ORS 619.010.
[(16)] (28) “Package” means any container or wrapping in which any consumer commodity is
enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does
notinclude:
(a) Shipping containers or wrappings used solely for the transportation of any consumer com-
modity in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail
distributors thereof; or
(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity
to retail customers if such containers and wrappings bear no printed matter pertaining to any par-
ticular commodity.
[(17)] (29) “Pesticide chemical” means any substance which, alone, in chemical combination or
in formulation with one or more other substances is a “pesticide” as defined in ORS 634.006.
(30) “Plant-protein food product” means a food product that has one or more sensory
attributes that resemble a type of tissue found in a species of meat animal but that, in lieu
of being derived from processing meat, is derived from manufacturing plant parts.
[(18)] (31) “Principal display panel” means that part of a label that is most likely to be displayed,
presented, shown or examined under normal and customary conditions of display for retail sale.
(32) “Qualifying egg term” means a word, compound word or phrase that clearly discloses
that a food product is not an egg product from eggs or a meat product from a meat animal,
such as “cell-cultivated,” “cell-cultured,” “egg-free,” “fake,” “grown in a lab,” “imitation,”
“lab-created,” “lab-grown,” “plant,” “plant-based,” “vegan,” “vegetable” or “veggie.”
(33) “Qualifying meat term” means a word, compound word or phrase that clearly dis-
closes that a food product is not a meat product from a meat animal, such as “cell-
cultivated,” “cell-cultured,” “fake,” “grown in a lab,” “imitation,” “insect,” “insect-based,”
“insect protein,” “lab-created,” “lab-grown,” “meat free,” “meatless,” “plant,”
“plant-based,” “vegan,” “vegetable,” “vegetarian” or “veggie.”
[(19)] (34) “Raw agricultural commodity” means any food in its raw or natural state, including
all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to
marketing.
SECTION 2. ORS 616.250 is amended to read:
616.250. A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food, unless its label bears in type of uniform size and prom-
inence the word “imitation” and, immediately thereafter, the name of the food imitated.
(4) If its container is so made, formed or filled as to be misleading.
(5) If in package form:
(a) Unless it bears a label containing:
(A) The name and place of business of the manufacturer, packer or distributor; and
(B) An accurate statement of the net quantity of the contents in terms of weight, measure, vol-
ume or numerical count. The statement shall be separately and accurately stated upon the principal
display panel of the label.
(b) The same reasonable variations allowed in ORS chapter 618 shall be permitted.
(c) Exemptions as to small packages shall be established by rules promulgated by the State De-
partment of Agriculture.
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(6) If any word, statement or other information required by or under authority of ORS 616.205
to 616.295 to appear on the label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and
in such terms as to render it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.
(7) If it purports to be or is represented as a food for which a definition and standard of identity
has been prescribed by rule as provided by ORS 616.230, unless it conforms to such definition and
standard and its label bears the name of the food specified in the definition and standard, and, in
so far as may be required by such rule, the common names of optional ingredients, other than spices,
flavoring and coloring present in such food.
(8) If it purports to be or is represented as a food for which a standard of quality has been
prescribed by rule as provided by ORS 616.230 and its quality falls below the standards such rule
specifies, a statement that it falls below such standard.
(9) If it is a food for which a standard or standards of fill of container have been prescribed by
rule as provided by ORS 616.230, and it falls below the standard of fill of container applicable
thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it
falls below such standard.
(10) If it is not subject to the provisions of subsection (7) of this section, unless its label bears:
(a) The common or usual name of the food, if any there be; and
(b) In case it is fabricated from two or more ingredients, the common or usual name of each such
ingredient.
However, spices, flavorings and colorings, other than those sold as such, may be designated as
spices, flavorings and colorings, without naming them. To the extent that compliance with the re-
quirements of paragraph (b) of this subsection is impractical or results in deception or unfair com-
petition, exemptions shall be established by rule promulgated by the department.
(11) If it purports to be or is represented for special dietary uses, unless its label bears such
information concerning its vitamin, mineral and other dietary properties as the department deter-
mines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value
for such uses.
(12) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative,
unless it bears labeling stating that fact. To the extent that compliance with the requirements of this
subsection is impracticable, exemptions shall be established by rule promulgated by the department.
This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not
prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this
subsection with respect to chemical preservatives do not apply to a pesticide chemical when used
in or on a raw agricultural commodity which is the product of the soil.
(13) If it is a raw agricultural commodity which is the product of the soil, bearing or containing
a pesticide chemical applied after harvest, unless the shipping container of such commodity bears
labeling which declares the presence of such chemical in or on such commodity and the common or
usual name and the function of such chemical. However, no such declaration is required while such
commodity, having been removed from the shipping container, is being held or displayed for sale at
retail out of such container in accordance with the custom of the trade.
(14) If following the labeled directions or instructions on the product in using it as a food in-
gredient will result in the final food being adulterated or misbranded.
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(15) If it is a color additive, unless its packaging and labeling are in conformity with the pack-
aging and labeling requirements applicable to such color additive prescribed under the provisions
of the federal Act.
(16) If it has been salvaged, unless it bears labeling or notification stating that fact. For the
purposes of this subsection, “salvaged” means the reconditioning, repacking, relabeling, cleaning or
culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke,
chemicals, radiation or commercial transit accident.
(17) If it is a fabricated-egg food product that bears labeling that:
(a) Contains an identifying egg term; and
(b) Does not contain a conspicuous and prominent qualifying egg term in close proximity
to the identifying egg term.
(18) If it is a manufactured-protein food product that bears labeling that:
(a) Contains an identifying meat term; and
(b) Does not contain a conspicuous and prominent qualifying meat term in close prox-
imity to the identifying meat term.
SECTION 3. The amendments to ORS 616.205 and 616.250 by sections 1 and 2 of this 2025
Act apply to food products that are sold or offered for sale on or after the effective date of
this 2025 Act.
INELIGIBILITY UNDER FEDERAL NUTRITION PROGRAMS
SECTION 4.Section 5 of this 2025 Act is added to and made a part of ORS chapter 411.
SECTION 5.(1) As used in this section:
(a) “Fabricated-egg food product” has the meaning given that term in ORS 616.205.
(b) “Federal nutrition program” means:
(A) The special supplemental nutrition program for women, infants and children de-
scribed in 42 U.S.C. 1786; or
(B) The Supplemental Nutrition Assistance Program, as defined in ORS 411.806.
(c) “Manufactured-protein food product” has the meaning given that term in ORS 616.205.
(2) If the United States Department of Agriculture approves manufactured-protein food
products or fabricated-egg food products for purchase under a federal nutrition program, the
Department of Human Services shall submit a request to the United States Department of
Agriculture for a waiver or other exception that excludes manufactured-protein food pro-
ducts and fabricated-egg food products from eligibility in this state under a federal nutrition
program.
PURCHASING FOR PUBLIC SCHOOLS
SECTION 6. Notwithstanding any contrary provision of law, the State Board of Education
shall adopt rules that prohibit the purchasing of fabricated-egg food products, as defined in
ORS 616.205, or manufactured-protein food products, as defined in ORS 616.205, for con-
sumption at facilities under the jurisdiction of the board, including public kindergartens and
public elementary and secondary schools.
SECTION 7. The State Board of Education shall adopt rules described in section 6 of this
2025 Act as soon as practicable after the effective date of this 2025 Act.
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PURCHASING FOR POST-SECONDARY INSTITUTIONS
SECTION 8. Notwithstanding any contrary provision of law, the Higher Education Coor-
dinating Commission shall adopt rules that prohibit the purchasing of fabricated-egg food
products, as defined in ORS 616.205, or manufactured-protein food products, as defined in
ORS 616.205, for consumption at facilities under the jurisdiction of the commission, including
community colleges, as defined in ORS 341.005, and public universities listed in ORS 352.002.
SECTION 9. The Higher Education Coordinating Commission shall adopt rules described
in section 8 of this 2025 Act as soon as practicable after the effective date of this 2025 Act.
CAPTIONS
SECTION 10.The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
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