Texas 2021 - 87th Regular

Texas House Bill HB2277 Compare Versions

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11 87R2782 SRA-F
22 By: Rogers H.B. No. 2277
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to marketing and labeling requirements for certain food
88 products, including imitation meat food products.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 18, Agriculture Code, is
1111 amended by adding Sections 18.050, 18.0521, and 18.0522 to read as
1212 follows:
1313 Sec. 18.050. DEFINITIONS. In this subchapter:
1414 (1) "Egg" has the meaning assigned by Section 4(g),
1515 Egg Products Inspection Act (21 U.S.C. Section 1033(g)).
1616 (2) "Egg product" has the meaning assigned by Section
1717 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)).
1818 (3) "Fish" has the meaning assigned by Section 403,
1919 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
2020 343(q)(4)(E)).
2121 (4) "Meat food product" has the meaning assigned by
2222 Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
2323 601(j)).
2424 (5) "Poultry" has the meaning assigned by Section
2525 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
2626 (6) "Poultry product" has the meaning assigned by
2727 Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
2828 453(f)).
2929 (7) "Standard of identity" means a standard of
3030 identity prescribed by the United States Department of Agriculture
3131 for the labeling of eggs, egg products, fish, meat, meat food
3232 products, poultry, or poultry products or products derived from one
3333 of those items.
3434 Sec. 18.0521. MISLABELING OF FOOD PRODUCTS. A person
3535 violates this subchapter if, in order to directly or indirectly
3636 induce the purchase of a food product, the person labels,
3737 misbrands, or misrepresents the food product with:
3838 (1) a term that has a standard of identity, if the food
3939 product does not meet the standard of identity;
4040 (2) an image, depiction, or graphic of a livestock
4141 animal, if the food product does not contain a product derived from
4242 a livestock animal, unless the food product's label bears, in
4343 prominent type of uniform size, as applicable:
4444 (A) the word "imitation" immediately followed by
4545 the name of the product imitated;
4646 (B) "This product does not contain animal
4747 protein";
4848 (C) the word "meatless";
4949 (D) the words "meat free"; or
5050 (E) the words "egg free"; or
5151 (3) a claim that the food product is nutritionally
5252 similar or superior to a food product with a standard of identity
5353 unless the food product's label contains a factual comparison of
5454 the food products' nutritional values.
5555 Sec. 18.0522. ENFORCEMENT. The department shall:
5656 (1) enforce the proper use of standards of identity on
5757 food product labels to prevent consumer confusion and ensure the
5858 orderly and efficient marketing of agricultural and livestock
5959 products; and
6060 (2) to the extent practical and cost-effective, enter
6161 into a memorandum of understanding or interagency contract with the
6262 Department of State Health Services or another state agency to
6363 execute the department's responsibilities under this subchapter
6464 with respect to this section and Section 18.0521.
6565 SECTION 2. This Act takes effect September 1, 2021.