Texas 2017 - 85th Regular

Texas House Bill HB2023 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10737 DMS-F
2	2	By: Alvarado H.B. No. 2023
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the labeling of genetically modified food; authorizing
8	8	a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
11	11	amended by adding Chapter 442 to read as follows:
12	12	CHAPTER 442. LABELING OF GENETICALLY MODIFIED FOOD
13	13	Sec. 442.001. DEFINITIONS. In this chapter:
14	14	(1) "Department" means the Department of State Health
15	15	Services.
16	16	(2) "DNA" means deoxyribonucleic acid.
17	17	(3) "Enzyme" means a protein that catalyzes chemical
18	18	reactions of other substances without being destroyed or altered on
19	19	completion of the reactions.
20	20	(4) "Executive commissioner" means the executive
21	21	commissioner of the Health and Human Services Commission.
22	22	(5) "Food" means food intended for human consumption.
23	23	(6) "Genetic engineering" means a process by which a
24	24	food is produced from an organism in which the genetic material has
25	25	been changed through the application of:
26	26	(A) in vitro nucleic acid techniques, including
27	27	recombinant DNA or RNA techniques, the direct injection of nucleic
28	28	acid into cells or organelles, encapsulation, gene deletion, and
29	29	doubling; or
30	30	(B) methods of fusing cells beyond the taxonomic
31	31	family that overcome natural physiological, reproductive, or
32	32	recombination barriers and that are not methods used in traditional
33	33	breeding and selection such as conjugation, transduction, or
34	34	hybridization.
35	35	(7) "In vitro nucleic acid techniques" means
36	36	techniques that use vector systems, including recombinant DNA or
37	37	RNA techniques, and techniques that involve the direct introduction
38	38	into an organism of hereditary materials prepared outside the
39	39	organism, including micro-injection, chemoporation,
40	40	electroporation, micro-encapsulation, and liposome fusion.
41	41	(8) "Manufacturer" means a food manufacturer, as
42	42	defined by Section 431.221.
43	43	(9) "Organism" means any biological entity capable of
44	44	replicating, reproducing, or transferring genetic material.
45	45	(10) "Processed food" means any food other than a raw
46	46	agricultural commodity, including any food produced from a raw
47	47	agricultural commodity that has been subjected to processing such
48	48	as canning, smoking, pressing, cooking, freezing, dehydrating,
49	49	fermenting, or milling.
50	50	(11) "Processing aid" means a substance that is added
51	51	to a food:
52	52	(A) during the processing of the food, but that
53	53	is removed in some manner from the food before the food is packaged
54	54	in a finished form;
55	55	(B) during processing, is converted into
56	56	constituents normally present in the food, and does not
57	57	significantly increase the amount of the constituents naturally
58	58	found in the food; or
59	59	(C) for the substance's technical or functional
60	60	effect in the processing, but is present in the finished food at
61	61	levels that do not have a technical or functional effect in that
62	62	finished food.
63	63	(12) "Raw agricultural commodity" has the meaning
64	64	assigned by Section 431.002.
65	65	(13) "RNA" means ribonucleic acid.
66	66	Sec. 442.002. LABELING OF FOOD PRODUCED WITH GENETIC
67	67	ENGINEERING. (a) Except as provided by Section 442.003, food
68	68	offered for sale by a retailer shall be labeled as produced entirely
69	69	or in part from genetic engineering if the food is:
70	70	(1) offered for sale in this state; and
71	71	(2) entirely or partially produced with genetic
72	72	engineering.
73	73	(b) A food that is required to be labeled under Subsection
74	74	(a) must be labeled as follows:
75	75	(1) a manufacturer shall label a packaged raw
76	76	agricultural commodity with the clear and conspicuous words
77	77	"produced with genetic engineering";
78	78	(2) a retailer shall label a raw agricultural
79	79	commodity that is not separately packaged by posting a label on the
80	80	retail store shelf or bin in which the commodity is displayed for
81	81	sale with the clear and conspicuous words "produced with genetic
82	82	engineering"; and
83	83	(3) a manufacturer shall label the package of a
84	84	processed food that contains a product of genetic engineering by
85	85	labeling the package with the words "partially produced with
86	86	genetic engineering," "may be produced with genetic engineering,"
87	87	or "produced with genetic engineering."
88	88	(c) A manufacturer of a food produced entirely or in part
89	89	from genetic engineering may not label the product on the package,
90	90	in signage, or in advertising as "natural," "naturally made,"
91	91	"naturally grown," "all natural," or any other words that may
92	92	mislead a consumer.
93	93	(d) This section does not require:
94	94	(1) the listing or identification of any ingredient
95	95	that was genetically engineered; or
96	96	(2) the placement of the term "genetically engineered"
97	97	immediately preceding any common name or primary product descriptor
98	98	of a food.
99	99	Sec. 442.003. APPLICABILITY OF CHAPTER. This chapter does
100	100	not apply to:
101	101	(1) food consisting entirely of an animal, or derived
102	102	entirely from an animal, that has not been produced with genetic
103	103	engineering, regardless of whether the animal has been fed or
104	104	injected with any food, drug, or other substance produced with
105	105	genetic engineering;
106	106	(2) a raw agricultural commodity or processed food
107	107	derived from a raw agricultural commodity that has been grown,
108	108	raised, or produced without genetic engineering, that is
109	109	accompanied by a sworn statement described by Section 442.004;
110	110	(3) a processed food that would otherwise be subject
111	111	to the labeling requirements of Section 442.002 solely because the
112	112	food includes a processing aid or enzyme produced with genetic
113	113	engineering;
114	114	(4) an alcoholic beverage, as defined by Section 1.04,
115	115	Alcoholic Beverage Code;
116	116	(5) a processed food that would otherwise be subject
117	117	to the labeling requirements of Section 442.002 solely because the
118	118	food includes a material that has been produced with genetic
119	119	engineering, if the genetically engineered materials in the
120	120	aggregate do not account for more than 0.9 percent of the total
121	121	weight of the processed food;
122	122	(6) food that an independent organization, approved
123	123	under Section 442.005(b), has verified was not knowingly or
124	124	intentionally produced from or commingled with food or seed
125	125	produced with genetic engineering;
126	126	(7) food that is certified as organic under the
127	127	national organic program, as defined by Section 18.001, Agriculture
128	128	Code;
129	129	(8) food that is not packaged for retail sale and that
130	130	is:
131	131	(A) a processed food prepared and intended for
132	132	immediate human consumption; or
133	133	(B) served, sold, or otherwise provided in any
134	134	restaurant or other food establishment that is primarily engaged in
135	135	the sale of food prepared and intended for immediate human
136	136	consumption;
137	137	(9) medical food as defined in Section 5(b) of the
138	138	Orphan Drug Act (21 U.S.C. Section 360ee(b)); or
139	139	(10) milk or a milk product subject to Chapter 435.
140	140	Sec. 442.004. SWORN STATEMENT. For the purpose of this
141	141	chapter, a manufacturer or retailer may rely on a sworn statement
142	142	made by the person who sells a raw agricultural commodity or
143	143	processed food to the manufacturer or retailer that states the
144	144	commodity or food has not knowingly been produced with genetic
145	145	engineering and has not been commingled with food that may have been
146	146	produced with genetic engineering.
147	147	Sec. 442.005. POWERS AND DUTIES. (a) The executive
148	148	commissioner may adopt rules necessary to implement this chapter.
149	149	(b) The department shall publish a list of approved
150	150	independent organizations that may verify that a food has not been
151	151	knowingly produced with genetic engineering.
152	152	Sec. 442.006. CIVIL PENALTY. (a) A manufacturer or
153	153	retailer that violates Section 442.002 is liable to the state for a
154	154	civil penalty of not more than $1,000 for each uniquely named,
155	155	designated, or marketed product that is not in compliance with the
156	156	labeling requirements of that section, regardless of the number of
157	157	individually labeled products. Each day of a continuing violation
158	158	constitutes a separate violation.
159	159	(b) A person who falsely states that a raw agricultural
160	160	product or processed food has not knowingly been produced with
161	161	genetic engineering and has not been commingled with food that may
162	162	have been produced with genetic engineering in a sworn statement
163	163	described by Section 442.004 is liable for a civil penalty of not
164	164	more than $2,500 for each false sworn statement.
165	165	(c) The attorney general may sue to collect the penalties
166	166	under this section.
167	167	Sec. 442.007. RETAILER LIABILITY. (a) A retailer may not be
168	168	held liable under Section 442.006(a) for the failure to label a
169	169	processed food as required by Section 442.002, unless the retailer
170	170	is the producer or manufacturer of the processed food.
171	171	(b) A retailer may not be held liable under Section
172	172	442.006(a) for the failure to label a raw agricultural product as
173	173	required by Section 442.002, if not later than 30 days after the
174	174	date the retailer is notified of a violation of Section 442.002, the
175	175	retailer obtains a sworn statement described by Section 442.004.
176	176	SECTION 2. This Act takes effect September 1, 2018.