SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 261
As Recommended by House Committee on
Agriculture

Brief*
House Sub. for SB 261 would prohibit the use of
identifiable meat terms on the labels of meat analogs when
the labels do not include proper qualifying language to
indicate that such products do not contain meat.
The bill would also make numerous changes to the
definitions section of the Kansas Food, Drug, and Cosmetic
Act by amending and adding definitions.

Definitions
New Definitions (Section 1)
The bill would add definitions for “meat analog,”
“identifiable meat term,” and “close proximity to the
identifiable meat term.”
● “Meat analog” would be defined as any food that
approximates the aesthetic qualities, primarily
texture, flavor and appearance, or the chemical
characteristics of any specific type of meat, meat
food product, poultry product, or poultry food
product, but does not contain any meat, meat food
product, poultry product, or poultry food product.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● “Identifiable meat term” would be defined as
including, but not be limited to, terms such as
meat, beef, pork, poultry, chicken, turkey, lamb,
goat, jerky, steak, hamburger, burger, ribs, roast,
bacon, bratwurst, hot dog, ham, sausage,
tenderloin, wings, breast, and other terms for food
that contain any meat, meat food product, poultry
product, or poultry food product.
● “Close proximity to the identifiable meat term”
would mean:
○ Immediately before or after the identifiable
meat term;
○ In the same line of the label containing the
identifiable meat term;
○ In the line of the label that is immediately
preceding or subsequent to the line containing
the identifiable meat term; or
○ Within the same phrase or sentence that uses
the identifiable meat term.
Codification of Federal Definitions (Section 1)
The bill would define “meat,” “meat food product,”
“poultry product,” and “poultry food product” as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
Amended Definitions (Sections 1 and 2)
The bill would amend the definition of “imitation” under
the Kansas Food, Drug, and Cosmetic Act to align with the
more specific definition of “imitation” under the Federal Food,
Drug, and Cosmetic Act.


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Misbranding (Section 2)
The bill would require a food to be deemed to be
misbranded if it is:
● A “meat analog”;
● Its labeling utilizes an identifiable meat term, as
defined by the bill; and
● The labeling does not have a disclaimer in the
same font, style, and size, in close proximity to the
identifiable meat term, stating one of the following:
○ This product does not contain meat;
○ Meatless;
○ Meat-free;
○ Vegan;
○ Veggie;
○ Vegetarian;
○ Vegetable;
○ Plant-based; or
○ A disclaimer equivalent to these terms, as
determined by the Secretary of Agriculture
through rules and regulations.
The misbranding guidelines would not apply to menus or
menu boards. The guidelines also would not apply to food
that can be defined as “imitation” under the federal Food,
Drug, and Cosmetic Act (e.g., imitation crab meat).

Severability Clause (Section 2)
The bill would add a severability clause that would state
that if any provision of the law regarding misbranded food is
held to be invalid or unconstitutional, the presumption would

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be that the remainder of the statute section was enacted with
valid and constitutional provision.

Background
The bill contains the amended provisions of HB 2530.
The contents of SB 261, regarding the Kansas Asbestos
Control Program and Asbestos Remediation Fund, were
passed by the 2021 Legislature in HB 2203.
HB 2530 was introduced by the House Committee on
Agriculture at the request of Representative Rahjes.

House Committee on Agriculture
In the House Committee hearing on HB 2530, a
representative of the Kansas Livestock Association provided
proponent testimony, stating manufacturers of “fake meat”
should be required to label and advertise their products. The
representative stated that not only does this type of labeling
confuse consumers about the actual ingredients of a product,
but it also misleads the consumer regarding the nutritional
quality of the product.
Written-only proponent testimony was provided by
representatives of the Kansas Corn Growers Association,
Kansas Dairy Association, Kansas Grain Sorghum Producers
Association, and Kansas Soybean Association.
Opponent testimony was provided by a representative
of the Kansas Chamber, stating the bill places restrictions on
competition under the guise of consumer protection, and
businesses selling meat analog products would be forced to
print labels specific for sale in the state of Kansas.
Written-only opponent testimony was provided by
representatives of the Kansas Justice Institute, Kansas

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Restaurant and Hospitality Association, and Plant Based
Foods Association.
Written-only neutral testimony was provided by the
Kansas Department of Agriculture (KDA).
The House Committee amended the bill to expand the
list of disclaimer text that would prevent a food product from
being deemed misbranded to include “plant-based” and a
disclaimer equivalent to meat analog terms, as determined by
the Secretary of Agriculture through rules and regulations.
The House Committee removed the contents of SB 261
and inserted the amended contents of HB 2530 and adopted
a substitute bill.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on HB 2530, as introduced, the KDA indicates
enactment of the bill would have no fiscal effect on agency
operations.
Food labeling; meat analog; identifiable meat terms; imitation


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Statutes affected:
As introduced: 65-5309, 65-5314
{As Amended by Senate Committee of the Whole}: 65-5309, 65-5314
H Sub for: 65-656, 65-665
Enrolled: 65-656, 65-665