Understanding the 1971 USDA Ban
In 1971, a formal rule was added to the U.S. Code of Federal Regulations, section 9 CFR 310.16(a), explicitly stating that "Livestock lungs shall not be saved for use as human food". The ban followed a study conducted by the Department of Agriculture, which determined that animal lungs were not fit for human consumption due to the inherent difficulty of ensuring their cleanliness. This decision wasn't based on a lack of nutritional value, as lungs are rich in vitamins and minerals, but rather on the potential for contamination during the slaughtering and processing phases.
The Risk of Contamination During Slaughter
During the slaughter process, especially when an animal is killed by exsanguination (bleeding out), various fluids can be aspirated into the lungs. The most significant of these are stomach fluids, which can travel up the esophagus and into the respiratory tract. These fluids contain bacteria and other microorganisms from the animal's gastrointestinal tract. Unlike other organ meats that can be thoroughly cleaned and inspected, the intricate, sponge-like structure of the lungs makes it nearly impossible to guarantee that all contaminants have been removed. The USDA's Food Safety and Inspection Service (FSIS) has a zero-tolerance policy for such gastrointestinal contamination in meat products intended for human consumption, making a blanket ban the most practical solution.
Inhaled Microorganisms and Particles
Beyond stomach contents, lungs are also constantly exposed to and filter airborne particles throughout an animal's life. This includes a myriad of things like dust, pollen, and fungal spores. While an animal's natural defense mechanisms manage these impurities during its life, they become a source of potential contamination after death. Similar to the issue with stomach fluids, the complex network of airways within the lungs is too difficult to decontaminate effectively for commercial human food production. The concern was that if not cooked to a very high temperature for a prolonged period—which often makes lung meat unpalatably rubbery—these microorganisms could pose a health risk.
The Impact on Haggis and Other Cuisines
One of the most famous and culturally significant casualties of the lung meat ban is traditional Scottish haggis. This national dish famously includes sheep's pluck, which consists of the heart, liver, and lungs. The 1971 ban made it illegal to import or sell traditional haggis containing sheep lungs in the U.S.. While American companies produce a version of haggis for the domestic market, they must omit the lungs and often substitute other offal. For many, this renders the dish inauthentic, a point of frustration for Scottish food enthusiasts and butchers. Despite a 2022 lifting of the ban on UK lamb imports, the prohibition on lung meat remained, preventing the import of authentic haggis.
Beyond Contamination: Other Contributing Factors
While the primary reason for the ban is centered on food safety, other factors have played a role in its persistence.
- The BSE (Mad Cow) Outbreak: The 1989 outbreak of Bovine Spongiform Encephalopathy (BSE) in the UK further complicated the import of ruminant products, especially those including specified risk materials like brains and spinal cords. While lungs are not considered a primary carrier of BSE prions, the overall heightened fear surrounding offal from regions affected by BSE reinforced regulatory caution.
- Cultural Disinterest: In American culinary culture, organ meats fell out of favor during the 20th century. With little demand for lung meat, there was less economic or cultural pressure to reverse a ban that protected against a low-interest item. This stands in stark contrast to many global cuisines where offal is highly prized.
- Economic Factors: The economic reality of enforcing strict food safety standards on a low-value, low-demand product like lung meat likely made an outright ban a more cost-effective solution than implementing complex, verifiable cleaning protocols.
The Arguments for Lifting the Ban
In recent years, the ban has faced renewed scrutiny. In 2023, Dr. Jonathan Reisman formally petitioned the USDA to rescind the ban, arguing its scientific basis is outdated. He and other proponents point out that the human respiratory system also constantly filters and processes airborne particles, which we then swallow with no ill effect. They contend that modern food safety and cooking standards are sufficient to address any remaining risks, treating lungs like any other organ meat. The petition is currently under review by the FSIS, but no changes have been implemented.
Regulation Comparison: US vs. The World
| Feature | United States (USDA/FSIS) | European Union & Many Others | Other Offal Examples (US) |
|---|---|---|---|
| Commercial Lung Meat | Banned for human consumption. | Widely available and considered a culinary ingredient. | Liver, heart, and tripe are generally legal. |
| Contamination Standard | Zero-tolerance for aspirated fluids from the digestive tract. | Regulated through standard inspection protocols for all meat products. | Strict inspection but not an automatic ban on the organ itself. |
| Traditional Foods | Authentic haggis with sheep lung cannot be imported. | Haggis, Töttchen, and other lung-based dishes are consumed. | Products like tripe and liverwurst are available. |
| Disease History | BSE concerns reinforced caution towards offal, including imports. | Extensive monitoring was implemented following BSE, but not a blanket lung ban. | High-risk items like brains from older cattle are banned due to BSE. |
Conclusion
The reason lung meat is banned for commercial sale in the U.S. is a complex combination of historical precedent, specific food safety concerns, and cultural trends. While the risk of contamination from gastrointestinal fluids and inhaled particles was the initial catalyst for the 1971 rule, its continued existence is influenced by a general decline in demand for offal and regulatory caution amplified by events like the BSE crisis. Despite recent petitions challenging the scientific basis of the ban and pointing to international practices, the prohibition remains in place, distinguishing the U.S. approach from that of many countries where lung meat is a regular part of the culinary tradition. Until the FSIS revisits and potentially updates its regulations, lung meat will remain off the menu for American consumers. To learn more about the 2023 petition and the arguments surrounding it, you can read more at Food Safety News.