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LB 246

Prohibit cultivated-protein food products under the Nebraska Pure Food Act and provide a deceptive trade practice

109th Legislature (2025-2026) Introduced by Tom Brandt and 1 co-sponsor

Nebraska law now treats cultivated-protein foods derived from animal cells as adulterated and forbids their manufacture, import, or sale, with violations also actionable as decepti

Approved by Governor on May 20, 2025
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Bill Summary · LB 246

Summary — LB 246 (2025)

Status: Approved by the Governor May 20, 2025 (Final Reading vote 38–11–0). Introduced January 14, 2025. Primary sponsor: Sen. Barry DeKay.

Main purpose

LB 246 adds a new definition for “cultivated‑protein food product” to the Nebraska Pure Food Act and declares such products to be adulterated food. The bill makes commercial acts involving those adulterated products unlawful under the Pure Food Act and treats violations, when committed in the course of business, as a deceptive trade practice under Nebraska law.

Key provisions (by section)

  • Sections 1–2: Incorporate the bill’s new section into the Nebraska Pure Food Act statutory framework (amending sections 81‑2,239 and 81‑2,240).
  • Section 3 (definition): Defines “cultivated‑protein food product” as a food product that has one or more sensory attributes resembling tissue from an “agricultural food animal” but that is derived, in lieu of meat processing, from manufacturing cells — including processes in which one or more stem cells initially isolated from an agricultural food animal are grown in vitro and may be manipulated as part of manufacturing.
    • Note: A committee amendment (AM226) removed broader language that would have included “nonanimal sources,” focusing the definition on products derived from animal cells.
  • Section 4 (adulterated food): Amends section 81‑2,282 to list cultivated‑protein food products as adulterated. The section also enumerates prohibited commercial conduct (manufacture, import, distribution, promotion, display for sale, offer/attempt to sell, or sale of adulterated food).
  • Section 5 (deceptive trade practice): Amends section 87‑302 to make any violation of the adulterated‑food provision (when committed in the course of business, vocation, or occupation) additionally and separately a deceptive trade practice. The provision does not limit other liability under the Uniform Deceptive Trade Practices Act.
  • Repealer/harmonization: Repeals and harmonizes related prior statutory language as necessary.

Who is affected

  • Producers, processors, distributors, retailers, restaurants, and other commercial entities that would manufacture, import, offer for sale, or sell cell‑cultivated (cell‑derived) meat-like products in Nebraska.
  • Nebraska Department of Agriculture and other enforcement authorities responsible for Pure Food Act enforcement and consumer protection actions.
  • Consumers to the extent these products would be removed from commercial channels in Nebraska.

Enforcement and remedies

  • Enforcement under the Nebraska Pure Food Act (administrative, injunctive, misdemeanor remedies as applicable).
  • Separate remedies available under the Nebraska Deceptive Trade Practices Act for business‑related violations.
  • The statute preserves existing liability under other deceptive trade practices law.

Legislative process and notable amendments

  • Committee amendment AM226 (adopted) narrowed the definition to focus on products derived from animal cells (deleted “nonanimal sources”).
  • A broader amendment (AM882) that would have created categories for manufactured‑protein products (including plant‑ and insect‑based) and added labeling/display requirements was proposed but lost.
  • Actions: advanced from Agriculture Committee, progressed through Enrollment & Review with technical changes, passed Final Reading 38–11–0, presented to and approved by the Governor May 20, 2025.

Effective date

  • The provided documents show the Governor’s approval date (May 20, 2025). An effective date is not specified in the provided texts; readers should consult the enrolled/printed statute or Secretary of State notice for the law’s effective date.

Compiled from official sources — confirm details with the bill’s official record.

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