85R10737 DMS-F
By: Alvarado H.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to the labeling of genetically modified food; authorizing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 442 to read as follows:
CHAPTER 442. LABELING OF GENETICALLY MODIFIED FOOD
Sec. 442.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "DNA" means deoxyribonucleic acid.
(3) "Enzyme" means a protein that catalyzes chemical
reactions of other substances without being destroyed or altered on
completion of the reactions.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Food" means food intended for human consumption.
(6) "Genetic engineering" means a process by which a
food is produced from an organism in which the genetic material has
been changed through the application of:
(A) in vitro nucleic acid techniques, including
recombinant DNA or RNA techniques, the direct injection of nucleic
acid into cells or organelles, encapsulation, gene deletion, and
doubling; or
(B) methods of fusing cells beyond the taxonomic
family that overcome natural physiological, reproductive, or
recombination barriers and that are not methods used in traditional
breeding and selection such as conjugation, transduction, or
hybridization.
(7) "In vitro nucleic acid techniques" means
techniques that use vector systems, including recombinant DNA or
RNA techniques, and techniques that involve the direct introduction
into an organism of hereditary materials prepared outside the
organism, including micro-injection, chemoporation,
electroporation, micro-encapsulation, and liposome fusion.
(8) "Manufacturer" means a food manufacturer, as
defined by Section 431.221.
(9) "Organism" means any biological entity capable of
replicating, reproducing, or transferring genetic material.
(10) "Processed food" means any food other than a raw
agricultural commodity, including any food produced from a raw
agricultural commodity that has been subjected to processing such
as canning, smoking, pressing, cooking, freezing, dehydrating,
fermenting, or milling.
(11) "Processing aid" means a substance that is added
to a food:
(A) during the processing of the food, but that
is removed in some manner from the food before the food is packaged
in a finished form;
(B) during processing, is converted into
constituents normally present in the food, and does not
significantly increase the amount of the constituents naturally
found in the food; or
(C) for the substance's technical or functional
effect in the processing, but is present in the finished food at
levels that do not have a technical or functional effect in that
finished food.
(12) "Raw agricultural commodity" has the meaning
assigned by Section 431.002.
(13) "RNA" means ribonucleic acid.
Sec. 442.002. LABELING OF FOOD PRODUCED WITH GENETIC
ENGINEERING. (a) Except as provided by Section 442.003, food
offered for sale by a retailer shall be labeled as produced entirely
or in part from genetic engineering if the food is:
(1) offered for sale in this state; and
(2) entirely or partially produced with genetic
engineering.
(b) A food that is required to be labeled under Subsection
(a) must be labeled as follows:
(1) a manufacturer shall label a packaged raw
agricultural commodity with the clear and conspicuous words
"produced with genetic engineering";
(2) a retailer shall label a raw agricultural
commodity that is not separately packaged by posting a label on the
retail store shelf or bin in which the commodity is displayed for
sale with the clear and conspicuous words "produced with genetic
engineering"; and
(3) a manufacturer shall label the package of a
processed food that contains a product of genetic engineering by
labeling the package with the words "partially produced with
genetic engineering," "may be produced with genetic engineering,"
or "produced with genetic engineering."
(c) A manufacturer of a food produced entirely or in part
from genetic engineering may not label the product on the package,
in signage, or in advertising as "natural," "naturally made,"
"naturally grown," "all natural," or any other words that may
mislead a consumer.
(d) This section does not require:
(1) the listing or identification of any ingredient
that was genetically engineered; or
(2) the placement of the term "genetically engineered"
immediately preceding any common name or primary product descriptor
of a food.
Sec. 442.003. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) food consisting entirely of an animal, or derived
entirely from an animal, that has not been produced with genetic
engineering, regardless of whether the animal has been fed or
injected with any food, drug, or other substance produced with
genetic engineering;
(2) a raw agricultural commodity or processed food
derived from a raw agricultural commodity that has been grown,
raised, or produced without genetic engineering, that is
accompanied by a sworn statement described by Section 442.004;
(3) a processed food that would otherwise be subject
to the labeling requirements of Section 442.002 solely because the
food includes a processing aid or enzyme produced with genetic
engineering;
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code;
(5) a processed food that would otherwise be subject
to the labeling requirements of Section 442.002 solely because the
food includes a material that has been produced with genetic
engineering, if the genetically engineered materials in the
aggregate do not account for more than 0.9 percent of the total
weight of the processed food;
(6) food that an independent organization, approved
under Section 442.005(b), has verified was not knowingly or
intentionally produced from or commingled with food or seed
produced with genetic engineering;
(7) food that is certified as organic under the
national organic program, as defined by Section 18.001, Agriculture
Code;
(8) food that is not packaged for retail sale and that
is:
(A) a processed food prepared and intended for
immediate human consumption; or
(B) served, sold, or otherwise provided in any
restaurant or other food establishment that is primarily engaged in
the sale of food prepared and intended for immediate human
consumption;
(9) medical food as defined in Section 5(b) of the
Orphan Drug Act (21 U.S.C. Section 360ee(b)); or
(10) milk or a milk product subject to Chapter 435.
Sec. 442.004. SWORN STATEMENT. For the purpose of this
chapter, a manufacturer or retailer may rely on a sworn statement
made by the person who sells a raw agricultural commodity or
processed food to the manufacturer or retailer that states the
commodity or food has not knowingly been produced with genetic
engineering and has not been commingled with food that may have been
produced with genetic engineering.
Sec. 442.005. POWERS AND DUTIES. (a) The executive
commissioner may adopt rules necessary to implement this chapter.
(b) The department shall publish a list of approved
independent organizations that may verify that a food has not been
knowingly produced with genetic engineering.
Sec. 442.006. CIVIL PENALTY. (a) A manufacturer or
retailer that violates Section 442.002 is liable to the state for a
civil penalty of not more than $1,000 for each uniquely named,
designated, or marketed product that is not in compliance with the
labeling requirements of that section, regardless of the number of
individually labeled products. Each day of a continuing violation
constitutes a separate violation.
(b) A person who falsely states that a raw agricultural
product or processed food has not knowingly been produced with
genetic engineering and has not been commingled with food that may
have been produced with genetic engineering in a sworn statement
described by Section 442.004 is liable for a civil penalty of not
more than $2,500 for each false sworn statement.
(c) The attorney general may sue to collect the penalties
under this section.
Sec. 442.007. RETAILER LIABILITY. (a) A retailer may not be
held liable under Section 442.006(a) for the failure to label a
processed food as required by Section 442.002, unless the retailer
is the producer or manufacturer of the processed food.
(b) A retailer may not be held liable under Section
442.006(a) for the failure to label a raw agricultural product as
required by Section 442.002, if not later than 30 days after the
date the retailer is notified of a violation of Section 442.002, the
retailer obtains a sworn statement described by Section 442.004.
SECTION 2. This Act takes effect September 1, 2018.