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NOTHING-BURGER: Can plant-based patties be called ‘burgers’? Not according to Kansas lawmakers

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The bill requires labels to include a disclaimer that the product doesn't contain meat. Acceptable words include: meat-free, vegetarian and vegan, among others.

JASON TIDD: Producers of plant-based meat may soon have to change their labels under a bill Kansas lawmakers tout as consumer protection legislation. Restaurants, however, wouldn’t have to comply with the same requirements. The meat labeling bill has been promoted as a way to help consumers at the grocery store who may accidentally buy fake meat instead of real meat. The legislation specifically exempts restaurant menus from the same requirements…

The bill defines imitation meat as food that “approximates the aesthetic qualities, primarily texture, flavor and appearance, or the chemical characteristics” of real meat. Fish isn’t included in the bill’s meat definitions. The bill requires labels for imitators using an identifiable meat term — such as “hamburger” or “hot dog” — to include a disclaimer that the product doesn’t contain meat. Acceptable words include “meat-free,” “vegetarian” and “vegan,” among others.

“Plant-based” is on the list of allowed terms, despite opposition calling it an insufficient disclaimer. Alternatively, labels could use the word “imitation” if the food meets federal definitions. Disclaimers must be in the same font, style and size as the identifiable meat term. They also must be in “close proximity” to the identifiable meat term but don’t necessarily have to be immediately before, as in “veggie burger”…

The Plant Based Foods Association called the bill “unnecessary, unconstitutional, and misguided” and claimed that packaging already has “clear, non-misleading terms.” It said companies want shoppers “to be clear about what they are buying.” A potential lawsuit could cost Kansas taxpayers hundreds of thousands of dollars in litigation fees, the association said.

The justice institute claimed the bill will violate free speech protections and potentially run afoul of federal interstate commerce regulation while placing an excessive burden on out-of-state businesses. Forcing businesses to choose from a pre-approved list of words constitutes a “content-based regulation of speech,” the institute testified…

The House voted 96-26, with bipartisan support and opposition, to pass House Substitute for Senate Bill 261 on Monday… The bill is good for Kansas agriculture and consumers, said Rep. Lisa Moser, R-Wheaton, who is a fourth-generation farmer and rancher. SOURCE…

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