1 | 1 | | 87R2782 SRA-F |
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2 | 2 | | By: Rogers H.B. No. 2277 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to marketing and labeling requirements for certain food |
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8 | 8 | | products, including imitation meat food products. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 18, Agriculture Code, is |
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11 | 11 | | amended by adding Sections 18.050, 18.0521, and 18.0522 to read as |
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12 | 12 | | follows: |
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13 | 13 | | Sec. 18.050. DEFINITIONS. In this subchapter: |
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14 | 14 | | (1) "Egg" has the meaning assigned by Section 4(g), |
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15 | 15 | | Egg Products Inspection Act (21 U.S.C. Section 1033(g)). |
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16 | 16 | | (2) "Egg product" has the meaning assigned by Section |
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17 | 17 | | 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). |
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18 | 18 | | (3) "Fish" has the meaning assigned by Section 403, |
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19 | 19 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section |
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20 | 20 | | 343(q)(4)(E)). |
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21 | 21 | | (4) "Meat food product" has the meaning assigned by |
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22 | 22 | | Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section |
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23 | 23 | | 601(j)). |
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24 | 24 | | (5) "Poultry" has the meaning assigned by Section |
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25 | 25 | | 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)). |
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26 | 26 | | (6) "Poultry product" has the meaning assigned by |
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27 | 27 | | Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section |
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28 | 28 | | 453(f)). |
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29 | 29 | | (7) "Standard of identity" means a standard of |
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30 | 30 | | identity prescribed by the United States Department of Agriculture |
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31 | 31 | | for the labeling of eggs, egg products, fish, meat, meat food |
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32 | 32 | | products, poultry, or poultry products or products derived from one |
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33 | 33 | | of those items. |
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34 | 34 | | Sec. 18.0521. MISLABELING OF FOOD PRODUCTS. A person |
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35 | 35 | | violates this subchapter if, in order to directly or indirectly |
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36 | 36 | | induce the purchase of a food product, the person labels, |
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37 | 37 | | misbrands, or misrepresents the food product with: |
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38 | 38 | | (1) a term that has a standard of identity, if the food |
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39 | 39 | | product does not meet the standard of identity; |
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40 | 40 | | (2) an image, depiction, or graphic of a livestock |
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41 | 41 | | animal, if the food product does not contain a product derived from |
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42 | 42 | | a livestock animal, unless the food product's label bears, in |
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43 | 43 | | prominent type of uniform size, as applicable: |
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44 | 44 | | (A) the word "imitation" immediately followed by |
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45 | 45 | | the name of the product imitated; |
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46 | 46 | | (B) "This product does not contain animal |
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47 | 47 | | protein"; |
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48 | 48 | | (C) the word "meatless"; |
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49 | 49 | | (D) the words "meat free"; or |
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50 | 50 | | (E) the words "egg free"; or |
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51 | 51 | | (3) a claim that the food product is nutritionally |
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52 | 52 | | similar or superior to a food product with a standard of identity |
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53 | 53 | | unless the food product's label contains a factual comparison of |
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54 | 54 | | the food products' nutritional values. |
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55 | 55 | | Sec. 18.0522. ENFORCEMENT. The department shall: |
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56 | 56 | | (1) enforce the proper use of standards of identity on |
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57 | 57 | | food product labels to prevent consumer confusion and ensure the |
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58 | 58 | | orderly and efficient marketing of agricultural and livestock |
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59 | 59 | | products; and |
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60 | 60 | | (2) to the extent practical and cost-effective, enter |
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61 | 61 | | into a memorandum of understanding or interagency contract with the |
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62 | 62 | | Department of State Health Services or another state agency to |
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63 | 63 | | execute the department's responsibilities under this subchapter |
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64 | 64 | | with respect to this section and Section 18.0521. |
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65 | 65 | | SECTION 2. This Act takes effect September 1, 2021. |
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