Amid increasing consumer demand for product transparency, a growing number of producers are interested in adding claims to the labels of their meat and poultry products to further characterize or add value to those items. Label claims have become increasingly important for producers selling to secondary markets, such as retail grocers, because the producer cannot describe the product characteristics to the buyer in a direct-market setting. This publication provides information for producers about special claims and the requirements and documentation needed to support those claims.

This publication references the revised FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims issued by the U.S. Department of Agriculture's Food Safety Inspection Service (USDA FSIS) in August 2024. The FSIS guideline includes additional details on claim documentation. Besides any optional special claims, the Code of Federal Regulations (CFR) 9 CFR § 317.300-400 (meat) and 9 CFR § 381.400-500 (poultry) requires standard information labels on all products, which can include up to eight additional items, including product name, inspection legend and establishment number, handling statement, net weight statement, ingredients statement, address line, nutrition facts, and safe handling instructions.

Key Takeaways

• The revised guideline emphasizes the importance of using a third-party certifying agency to substantiate claims because FSIS has limited jurisdiction to verify complex claims without support from an approved auditing agency.
• The producer provides the written documentation (either self-supported or from a third-party agency) to justify the claim, and the processor finalizes and submits the application for approval.
• A letter of endorsement from an area expert, such as a livestock agent, is NOT needed for documentation. Field experts are not third-party certifying agents nor are they entity representatives supporting the claim. The label documentation should come from the farm representative unless third-party certification is used.

Special claims allow meat and poultry producers to respond to consumer demand by adding descriptions of their product, even if the features, statements, or claims are not explicitly addressed by regulations. The FSIS Labeling and Program Delivery Staff (LPDS) or the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Meat and Poultry Inspection Division (MPID) reviews all meat and poultry label claims for approval, except for generic labeling (see Other Label Claims That Are Not Considered "Special"), to ensure that the approved claims are truthful and not misleading. Farmers who raise, slaughter, and process poultry under an on-farm poultry exemption cannot put special claims on their exempt poultry products because slaughter does not occur in an inspected facility (see MPID Notice 5-18).

The label and all point-of-sale advertising materials—including text descriptions and graphics on all point-of-purchase materials, such as brochures, printed graphics, and online materials—must include approved label claims. Figure 1 is an example of a package label featuring multiple special claims. Although approval is required only for labels on the actual wrapper or package, a penalty may be imposed if nonapproved labels are displayed on point-of-purchase or online materials. For more information on approved or nonapproved claims, see Labeling and Point of Purchase Claims, NCDA MPID Notice 11-25.

Examples of special claims include, but are not limited to, the following:

• Animal-raising, diet, or environment-related claims, such as
  • Pasture-Raised
  • Grass-Fed
  • Raised Using Regenerative Agriculture Practices
  • Free Range
  • Certified Organic (by a USDA National Organic Program-authorized third-party certifying entity)
• Breed claims, such as
  • 100% Black Angus
  • Highland Cattle
• Animal Welfare Claims,* such as
  • Humanely Raised
  • Ethically Raised
• "Negative" Claims such as
  • Raised Without Antibiotics
  • No Added Hormones

*Because FSIS does not define animal welfare claims in its regulations or guidance, LPDS will approve these claims only if the entity includes a reference and definition of the claim on the label, for example, "ABC Ranch defines raised with care as treating our animals compassionately and responsibly by following DEF organization program standards (link to website).” For a detailed list of special claims requirements, see FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims.

Examples of Nonapprovable Special Claims

Certain claims are considered unacceptable and are therefore not legally permitted for use if they do not truthfully describe the product, if they may mislead the consumer, or— in the case of organic—if use of the claim requires certification by a third-party auditor.

FSIS also requires that all claims must not mislead the customer and must maintain compliance with FSIS regulations (9 CFR § 317.8 and § 381.129). For example, the “Raised Without Added Hormones” claim may be used for beef and lamb production because hormones are approved for use in those production practices. Federal regulations, on the other hand, prohibit the use of hormones in all pork and poultry production; therefore, if a “Raised Without Added Hormones” claim is displayed on a pork or poultry label, it must be followed by the phrase “Federal regulation prohibits the use of hormones in pork/poultry” so as not to mislead the customer. Additional nonapprovable special claims are listed in Labeling and Point of Purchase Claims.

Other Label Claims That Are Not Considered “Special”

Generic labeling (such as “whole chicken) that does not bear any statements or claims, does not include changes in net weight, and that meets the standard label requirements stated in 9 CFR § 317.2 or 9 CFR § 381.121 does not require approval. Cooking instructions are another example of a generic label claim.

Nutritional labeling must meet the requirements specified in 9 CFR § 317.300 and 317.400 for "meat and meat food products" and 9 CFR § 381.400 and 381.500 for "poultry products."

Figure 1. Example of a product label showing multiple special claims.

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Figure 1. Example of a product label showing multiple special claims.

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Special label claims may be overseen by an independent third-party auditor or solely by the producer. If the claim is self-supported, the producer must provide written documentation in the application to justify the claim’s truthfulness. To reinforce the truthfulness of the claim, the FSIS strongly encourages producers to use claims verified by a third-party certifying organization. Figure 2 includes three common third-party claim certification logos. Note that field experts, such as local livestock agents, are NOT third-party auditors and therefore there is no need to request letters of support or endorsement from these representatives in your application. The two types of claim verification are:

• Third-Party Auditor Verified. A third-party auditor is an independent, credentialed, objective individual who compares a farm or company’s eligibility to use a claim to a specific set of publicly available standards, or protocols, provided by the certifying agency for whom that auditor works. To ensure that the claim is truthful, the third-party certifier's auditor must visit the farm, processing facility, or packinghouse. FSIS allows the label of meat or poultry products to bear a certified claim if the claim clearly identifies the certifying entity, for example, “certified free range by [entity].” Some examples of claims and certifying entities include American Grassfed Association, Pasture-Raised by the American Grassfed Association (AGA), Certified Humane®, and Certified Regenerative by AGW (A Greener World).
• Self-Supported Claim: If a third-party auditor does not oversee the claim, then the producer must provide documentation to justify the accuracy of the claim on the meat or poultry products. See “Documentation to Support Special Claims” for more details. Some examples of self-supported special claims not associated with certifying agencies include, “Pasture Raised,” “Grassfed,” and “Humanely Raised.” Note that the term "organic" may not appear on a self-supported claim. To legally use the organic claim on a label, third-party verification by an entity authorized by the USDA National Organic Program (NOP) is mandatory.

Figure 2. Three common third-party claim certification labels.

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Figure 2. Three common third-party claim certification labels.

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When you are preparing to use a label claim, allow plenty of lead time for submitting supporting documentation to your processor. Because labels are granted to the processor (not to the farm), the processor is responsible for submitting the label application to the state or federal labeling division. The processor’s plant inspection status will determine what type of government agency (state or federal) they submit the application to. Processors reserve the right to charge for this additional service.

Online: Because most processors submit the label request online, they may need only a PDF version of your written documentation materials justifying the claim to complete the application process. The documentation can be as brief as a few paragraphs, as long as it addresses the basic criteria.

Documentation to Support Special Claims

For more details, see FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims.

Documentation that substantiates the claim must be signed and dated and include the following information.

• Non-breed claims (any claims other than breed claims, such as “Certified Black Angus”) must include an explanation of the meaning of the claim and the controls used to ensure that the environment-related claim is valid. For example, include data or studies. Animal welfare claims should reference websites that define the claim.
• Non-breed claims must explain the controls used for ensuring that the claim is valid from birth to slaughter, or the period of raising being referenced by the claim.
• Breed claims must provide documentation to support the breed's phenotype (for example, hide color) or genotype (as in, traceable to one registered parent or two registered grandparents with a breed association).
• All claims must include product tracing (for example, an explanation of how that product is identified and tracked so it can be differentiated from other products throughout processing) and a description of how the animal is segregated from other animals from the time of slaughter through final processing.
• All claims must describe the identification, control, and segregation of nonconforming animals or product.
• If a third-party certification program is used, a copy of the entity's current certification must be provided.

Hard Copy: If your processor is not using online applications, they will submit a print application to their state or federal labeling entity. State-inspected plants in North Carolina submit label applications using MPID Form-11, “Labeling Approval Form,” along with claim-supporting documentation to the NCDA&CS Meat and Poultry Inspection Division in Raleigh, NC, through their in-plant inspector. USDA or TA (Talmadge-Aiken) federally inspected plants submit FSIS Form 7234-1, “Application for Approval of Labeling, Marking or Device,” along with claim-supporting documentation, to LPDS. Processors submitting hard copies must mail the application form along with a sample of the label sketch or specifications to their labeling entity and keep a copy for their records. Most processors mailing a hard copy will know what application to use and need the producer to provide only the claim-supporting documentation for them to include in the application. See NCDA&CS MPID Notice 11-25, Labeling and Point of Purchase Claims, for details.

Allow up to a month for application processing. To check on the status of your label after submission, check with your processor or call either the LPDS at (301) 504-0883 or the MPID at (919) 707-3180.

With one exception (see next paragraph), as long as the claims have not changed from the approved label used by the original processor ("Establishment A"), the label approval can be transferred for use in another processing establishment ("Establishment B") if it operates under the same inspection status. Establishment B must obtain a complete copy of the approved label application from Establishment A, including all documentation that was submitted to support any special statements or claims. Establishment B would then have a complete label record on file and would be permitted to change the establishment number on the label from Establishment A to Establishment B. Establishment B would have to meet all of the same procedures and maintain records consistent with Establishment A (for example, the same hazard analysis critical control point [HACCP] category, product formulation, and processing procedures for the labeled product).

An exception applies to third-party certification programs that require both the farm and the processing facility to be audited and approved in order to use the claim. Examples include Certified Organic and Certified Animal Welfare Approved, which permit use of the label only if both entities meet certification standards. In these cases, the label approval is establishment-specific and may not be transferred to another facility without resubmitting the label application to LPDS.

No complete regulatory list exists for special claims because new claims are routinely created, justified, and approved for use, given the dynamic characteristics of animal production.

Some nonregulatory consumer information guides, such as A Greener World’s Food Labels Exposed, A Definitive Guide to Common Food Label Terms and Claims, provide descriptions of some common product claims. Though the latter example is intended for consumers, the information could be valuable for producers developing language for special claims. To ensure that your claims meet regulatory approval, contact the MPID (for state information) or the FSIS (for federal information).

The FSIS Labeling and Label Approval website provides detailed guidance on updated policies, procedures, and methods to help ensure that labeling on meat and poultry products is truthful and not misleading.

FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims

FSIS Labeling Procedures

FSIS Claims Guidance

FSIS Compliance Guidance

Code of Federal Regulations 9 CFR § 317.4 Labeling Approval

N.C. Department of Agriculture and Consumer Services Meat and Poultry Inspection Division MPID Notice 5-18 1,000 Bird Poultry Exemption Requirements

N.C. Department of Agriculture and Consumer Services Meat and Poultry Inspection Division Labeling Approval Form - MPID Form-11

N.C. Department of Agriculture and Consumer Services Meat and Poultry Inspection Division MPID Notice 11-25 Labeling and Point of Purchase Claims

North Carolina General Statute Article 49B. Meat Inspection Requirements; Adulteration and Misbranding. § 106-549.15. Definitions.

U.S. Department of Agriculture Food Safety and Inspection Service. "Point of Purchase Materials." Food Standards and Labeling Policy Book.

U.S. Department of Agriculture Food Safety and Inspection Service. Form 7234-1. Application for Approval of Labels, Marking or Device.

The Golden Leaf Foundation provided support for this publication as did NC Growing Together, a Center for Environmental Farming Systems-led initiative funded by the United States Department of Agriculture, National Institute of Food and Agriculture, Grant #2013-68004-20363. For more information, visit the Center for Environmental Farming Systems website.

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