Julia Solomon Ensor, counsel in the Entertainment and Media group at global law firm Reed Smith and a former “Made in USA” program manager for the Federal Trade Commission, shares insights on the US Department of Agriculture guidance on “Product of USA”claims that goes into effect on Jan. 1, 2026.

Please provide a summary of the new FSIS directive on how to verify voluntary 'Product of USA' claims for beef and chicken.

The new FSIS directive provides implementation guidance on the new requirements for the voluntary claim, “Product of USA” that go into effect on Jan. 1, 2026. 

The new requirements mark a significant change from past guidance, which permitted “Product of USA” claims for products processed in the USA regardless of where the animals were born, raised, and harvested. When the new rule becomes effective, the claim will be limited to products (1) derived from animals born, raised, slaughtered, and processed in the USA; (2) containing only ingredients of domestic origin (other than other than spices and flavorings); and (3) prepared and processed in the USA. 

The directive explains the rule’s requirements and suggests that the FSIS is prepared to enforce it as soon as it becomes effective. Notably, the directive doubles down on the requirement that producers making a covered claim have reasonable documentation on hand confirming compliance, notifying producers that, starting January 1, they should not only have this information on hand, but they should be prepared to turn it over to USDA personnel within 24 hours of a demand.

To help prepare, the directive also provides guidance on what documents the USDA will consider sufficient to back up claims. For example, it explains that a producer of a single-ingredient poultry product could have a written description of the control used in the birthing, raising, slaughter, and processing of the poultry, including a signed and dated document describing how the product is prepared and processed, to support that the claim is not false or misleading. It also links to updated guidance with more examples and information on alternative claims.

What compliance requirements does the new directive on 'Product of USA' claims for beef and chicken create for processors?

The directive emphasizes that processors must be prepared to produce substantiation for their claims within 24 hours of a USDA request. This is a new requirement that did not appear in the original rule, and sends a clear sign to processors that FSIS expects them to have appropriate documentation on hand immediately when the rule takes effect.

What steps can processors and packers take to ensure compliance with the new FSIS guidance?

Before Jan. 1, 2026, processors and packers should take stock of each product labeled with a “Product of USA” claim. Then, they should go back and confirm that they have appropriate documentation demonstrating that the claim is true, non-misleading, and complies with the new standard. If that documentation is more than a year old or lacks detail about how the processor complies with the new rule, now’s the time to refresh it and confirm the facts.