87R2782 SRA-F
By: Rogers H.B. No. 2277
A BILL TO BE ENTITLED
AN ACT
relating to marketing and labeling requirements for certain food
products, including imitation meat food products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 18, Agriculture Code, is
amended by adding Sections 18.050, 18.0521, and 18.0522 to read as
follows:
Sec. 18.050. DEFINITIONS. In this subchapter:
(1) "Egg" has the meaning assigned by Section 4(g),
Egg Products Inspection Act (21 U.S.C. Section 1033(g)).
(2) "Egg product" has the meaning assigned by Section
4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)).
(3) "Fish" has the meaning assigned by Section 403,
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
343(q)(4)(E)).
(4) "Meat food product" has the meaning assigned by
Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
601(j)).
(5) "Poultry" has the meaning assigned by Section
4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
(6) "Poultry product" has the meaning assigned by
Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
453(f)).
(7) "Standard of identity" means a standard of
identity prescribed by the United States Department of Agriculture
for the labeling of eggs, egg products, fish, meat, meat food
products, poultry, or poultry products or products derived from one
of those items.
Sec. 18.0521. MISLABELING OF FOOD PRODUCTS. A person
violates this subchapter if, in order to directly or indirectly
induce the purchase of a food product, the person labels,
misbrands, or misrepresents the food product with:
(1) a term that has a standard of identity, if the food
product does not meet the standard of identity;
(2) an image, depiction, or graphic of a livestock
animal, if the food product does not contain a product derived from
a livestock animal, unless the food product's label bears, in
prominent type of uniform size, as applicable:
(A) the word "imitation" immediately followed by
the name of the product imitated;
(B) "This product does not contain animal
protein";
(C) the word "meatless";
(D) the words "meat free"; or
(E) the words "egg free"; or
(3) a claim that the food product is nutritionally
similar or superior to a food product with a standard of identity
unless the food product's label contains a factual comparison of
the food products' nutritional values.
Sec. 18.0522. ENFORCEMENT. The department shall:
(1) enforce the proper use of standards of identity on
food product labels to prevent consumer confusion and ensure the
orderly and efficient marketing of agricultural and livestock
products; and
(2) to the extent practical and cost-effective, enter
into a memorandum of understanding or interagency contract with the
Department of State Health Services or another state agency to
execute the department's responsibilities under this subchapter
with respect to this section and Section 18.0521.
SECTION 2. This Act takes effect September 1, 2021.