ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: LARA DP 5-4-0-0

HB 2121: cell-cultured animal product; prohibition

Sponsor: Representative Marshall, LD 7

House Engrossed

Overview

Prohibits a person from selling a cell-cultured animal product for human or animal consumption and establishes civil penalties.

History

The process of cultivating animal cells for human food involves using cells obtained from living livestock, poultry, seafood or other animals and growing them in a controlled environment to create food.

Currently, this process is regulated jointly by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). In 2019, the FDA and the Food Safety and Inspection Service (FSIS) of the USDA established a formal agreement on how to regulate human food made from cultured animal cells. Under the agreement, the FDA oversees the collection, growth and the differentiation of living cells into various cell types, such as proteins and fats. Regulatory jurisdiction is then transferred to FSIS, which oversees the harvesting stage of the cell-culturing process and any further processing, labeling and packaging of the products (USDA).

Provisions

1. Prohibits a person from offering to sell, sell or produce a cell-cultured animal product for human or animal consumption. (Sec. 1)

2. Allows the Arizona Department of Agriculture to impose a civil penalty up to $25,000 against a person that violates this legislation. (Sec. 1)

3. Allows a person or organization whose business is adversely affected by a violation of this legislation to file a civil action for declaratory and injunctive relief and actual damages. (Sec. 1)

4. States that if the plaintiff prevails in the civil action, the court must award:

a) reasonable attorney fees and costs; and

b) the actual damages incurred, not to exceed $100,000. (Sec. 1)

5. States that the Legislature finds:

a) the regulation of cell-cultured animal product is a matter of statewide concern necessary to protect the public health;

b) the cattle ranching industry is integral to Arizona's history, culture, values and economy;

c) cattle are one of the five foundational pillars that have driven Arizona's economy since territorial days;

d) the production and sale of lab-grown, cell-cultured animal product threatens to harm Arizona's trust land beneficiaries and the highest and best use of state trust land, which includes leasing state trust lands to ranchers for livestock grazing to fund public schools and other public institutions; and

e) this legislation is necessary to protect Arizona's sovereign interests, history, economy and food heritage. (Sec. 2)

6. Defines cell-cultured animal product as any cultured animal tissue that is produced from in vitro animal cell cultures outside of the organism from which it is derived. (Sec. 1)

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10. HB 2121

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