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Legislature advances bill to ban sale and manufacture of cultivated protein products

2836764 · March 31, 2025
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Summary

Lawmakers advanced LB246 after hours of debate over safety, labeling and economic impacts for Nebraska agriculture. Sponsor Senator DeKay said the bill would prohibit sale and distribution of “cultivated protein food products”; opponents urged labeling and warned the ban could chill innovation.

Senator DeKay, sponsor of LB246, told the Legislature the bill “would quite simply ban the manufacturer sale and distribution of what is referred to and defined in the bill as cultivated protein food products in the state.” The measure, introduced at the request of the governor, would amend state Pure Food Act provisions to declare products containing cultivated protein adulterated and add an enforcement path under deceptive trade practices law.

Supporters said the measure is a preemptive consumer-protection step and a defense of Nebraska’s livestock industry. “I share the governor's passion for the families and thousands of good people who worked tirelessly and make the investments necessary,” DeKay said, arguing the bill’s goal is “not to throw people in jail or impose heavy monetary penalties. It's just to keep the product off the shelves.”

Opponents said the bill overreaches. Senator Raybould said she viewed LB246 as “a solution in search of a problem,” argued labeling would be a more appropriate tool and questioned whether cultivated proteins are a present threat to Nebraska producers. Senator Hunt and others warned the ban could shut Nebraska out of future agricultural research and investment and urged reliance on federal regulators and labeling instead of a statewide prohibition.

The Ag Committee’s amendment narrowed the bill’s definition to avoid unintentionally sweeping in plant-based products; Senator DeKay said the amendment removed wording that could be read to ban plant-based meat alternatives and that the change came at the suggestion of the Plant Based Food Association. The floor adopted that committee amendment (AM 2 26) during Thursday’s session.

Lawmakers exchanged technical, safety and economic arguments: proponents cited potential contaminants and cited international actions; opponents cited federal oversight, free-market competition and the potential economic opportunity for Nebraska producers and researchers. Several senators urged preserving research at Nebraska universities while restricting commercial production and sale; Senator DeKay said the bill does not ban research.

Action on LB246: the Legislature adopted the committee amendment AM 2 26 and later voted to advance LB246 from general file; the clerk recorded 33 ayes and 4 nays on advancement.

The bill now moves forward to the next stages of debate and amendment on select file, where sponsors and opponents signaled plans for continued discussion on labeling, enforcement and the statute’s precise definitions.