Lab-grown meat ban clears first round

Lawmakers amended and advanced a bill from general file March 31 that would ban the distribution or sale of cultivated-protein food products, or “lab-grown meat,” throughout the state.

LB246, introduced by Niobrara Sen. Barry DeKay at the request of Gov. Jim Pillen, would prohibit the production, import, distribution, promotion, display or sale of any cultivated-protein food in Nebraska.

The bill defines cultivated-protein foods, in part, as “having one or more sensory attributes that resemble 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 or nonanimal sources.”

Under the bill, lab-grown meat would be considered an adulterated food product and prohibited from manufacture or sale in Nebraska. In addition to penalties for adulterated foods under the Pure Food Act, the production and sale of lab-grown meat would be subject to penalties under the Deceptive Trade Practices Act, to be enforced by the attorney general.

An Agriculture Committee amendment, adopted 33-1, would remove the words “nonanimal sources” from the definition of cultivated-protein food. DeKay, the committee’s chairperson, said the change would clarify that plant-based meat analogues, or meat substitutes made from plant-based ingredients, would not be considered lab-grown meat or be barred from sale in Nebraska.

DeKay said LB246 would ensure competition is “fair and honest” by preventing lab-grown meat producers from gaining unfair industry advantages through investments, marketing and production resources.

“Our goal is not to throw people in jail or impose heavy monetary penalties,” DeKay said. “It’s just to keep the product off the shelves.”

Omaha Sen. Kathleen Kauth supported the amendment and the bill, saying various chemicals, some proprietary and undisclosed, are used to produce lab-grown meat and could have adverse health effects.

Kauth said lawmakers should implement “guardrails” to protect consumers until more information is available about the safety of lab-grown meat and the chemicals used in its production.

Sen. Tanya Storer of Whitman also supported the measure. While noting that she generally
prefers regulating products instead of banning them, Storer said simply regulating lab-grown meat would communicate to consumers that the product is safe, which is currently uncertain.

“If you don’t think you can look your constituents in the eye and assure them that this product is safe, then I ask you to please vote yes on LB246,” Storer said.

Lincoln Sen. Jane Raybould opposed the bill, describing it as “a solution in search of a problem.” Consumers want choices, she said, adding that, as a grocer, she could attest that retailers will discontinue an item if it doesn’t sell.

“We see products come and go all the time,” Raybould said. “If customers don’t buy them [or] don’t ask us to stock these products, they’re going to go away in a week or two.”

Sen. Danielle Conrad of Lincoln also opposed the bill, saying there’s no clear record of lab-grown meat endangering public health and welfare. Additionally, she said, consumers should be able to decide what they wish to consume without a “big government, heavy-handed ban.”

“I don’t need the government telling me what to eat and what not to eat,” Conrad said. “I’m an adult — I’m a fully knowledgeable consumer [and] I can figure out whether or not something seems risky or safe to me.”

Omaha Sen. Megan Hunt also opposed the bill, questioning the urgency of banning a product not currently sold in Nebraska stores.

As a leader in agriculture and food innovation, she said, Nebraska should remain involved in discussions about the future of food rather than convey a message of disinterest in innovation.

“There’s no reason that we can’t support our ranchers and also support new technologies that could help meet the growing global demand for protein,” Hunt said. “In fact, cultivating both industries side by side could strengthen our agriculture economy as a whole.”

LB246 advanced to select file on a vote of 33-4.