Texas 2021 - 87th Regular

Texas House Bill HB316 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R16759 JG-F
2	2		By: Buckley, Harris, Smith, Rogers, H.B. No. 316
3	3		González of El Paso, et al.
	4	+	Substitute the following for H.B. No. 316:
	5	+	By: Klick C.S.H.B. No. 316
4	6
5	7
6	8		A BILL TO BE ENTITLED
7	9		AN ACT
8	10		relating to the advertising and labeling of certain food products.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 433.003, Health and Safety Code, is
11	13		amended by amending Subdivisions (1), (20), and (21) and adding
12	14		Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a)
13	15		to read as follows:
14	16		(1) "Advertising" has the meaning assigned by Section
15	17		431.002.
16	18		(1-a) "Analogue product" means a food product derived
17	19		by combining processed plant products, insects, or fungus with
18	20		additives to approximate the texture, flavor, appearance, or other
19	21		aesthetic qualities or the chemical characteristics of any specific
20	22		type of meat, meat food product, poultry, or poultry product.
21	23		(1-b) "Animal food manufacturer" means a person in the
22	24		business of manufacturing or processing animal food any part of
23	25		which is derived from a carcass, or a part or product of a carcass,
24	26		of livestock.
25	27		(1-c) "Beef" means any edible portion of a formerly
26	28		live and whole cattle carcass. The term includes any commonly
27	29		understood variation or abbreviation of the term. The term does not
28	30		include a cell-cultured, plant-based, or insect-based food
29	31		product.
30	32		(2-a) "Cell-cultured product" means a food product
31	33		derived by engineering muscle tissue fibers from animal cells in a
32	34		laboratory or similar setting.
33	35		(11-a) "Meat" means the part of the muscle of cattle,
34	36		sheep, swine, or goats that is skeletal or is found in the tongue,
35	37		diaphragm, heart, or esophagus, with or without the accompanying
36	38		and overlying fat, and the portions of bone, including bone-in
37	39		products, skin, sinew, nerve, and blood vessels that normally
38	40		accompany the muscle tissue and that are not separated from it in
39	41		the process of dressing. The term has a comparable meaning as
40	42		applied to equine food products. The term does not include:
41	43		(A) muscle found in the lips, snout, or ears;
42	44		(B) animal tissue containing significant
43	45		portions of bone, including hard bone and related components, such
44	46		as bone marrow, or any amount of brain, trigeminal ganglia, spinal
45	47		cord, or dorsal root ganglia; or
46	48		(C) cell-cultured, plant-based, or insect-based
47	49		food products.
48	50		(13-a) "Misleading" means the use of a false or
49	51		deceptive oral or written statement, advertisement, label,
50	52		display, picture, illustration, or sample.
51	53		(19-a) "Pork" means any edible portion of a formerly
52	54		live and whole swine carcass. The term includes any commonly
53	55		understood variation or abbreviation of the term. The term does not
54	56		include a cell-cultured, plant-based, or insect-based food
55	57		product.
56	58		(20) "Poultry" means any [a] live or dead domesticated
57	59		bird, including chickens, turkeys, ducks, geese, guineas, ratites,
58	60		or squabs.
59	61		(21) "Poultry product" means any [a] poultry carcass,
60	62		part of a poultry carcass, or [a] product [any part of which is]
61	63		made wholly or partly from a poultry carcass or part of a poultry
62	64		carcass. Unless the context requires otherwise, the term includes
63	65		only articles capable of use as human food. The term does not
64	66		include [, except a product that]:
65	67		(A) a cell-cultured, plant-based, or
66	68		insect-based food product [contains poultry ingredients only in a
67	69		relatively small proportion or that historically has not been
68	70		considered by consumers as a product of the poultry food industry];
69	71		or [and]
70	72		(B) a product that is exempted from the
71	73		definition of poultry product under 9 C.F.R. Section 381.15 [by
72	74		department rule under conditions assuring that the poultry
73	75		ingredients in the product are unadulterated and that the product
74	76		is not represented as a poultry product].
75	77		SECTION 2. Section 433.005, Health and Safety Code, is
76	78		amended by amending Subsection (a) and adding Subsection (d) to
77	79		read as follows:
78	80		(a) A livestock, [or] poultry product, analogue product, or
79	81		cell-cultured product is misbranded if:
80	82		(1) any part of its labeling is false or misleading;
81	83		(2) it is offered for sale under the name of another
82	84		food;
83	85		(3) it is an imitation of another food, unless its
84	86		label bears, in prominent type of uniform size, the word
85	87		"imitation" immediately followed by the name of the food imitated;
86	88		(4) its container is made, formed, or filled so as to
87	89		be misleading;
88	90		(5) except as provided by Subsection (b), it does not
89	91		bear a label showing:
90	92		(A) the manufacturer's, packer's, or
91	93		distributor's name and place of business; and
92	94		(B) an accurate statement of the quantity of the
93	95		product by weight, measure, or numerical count;
94	96		(6) a word, statement, or other information required
95	97		by or under the authority of this chapter to appear on the label or
96	98		labeling is not prominently placed on the label or labeling in
97	99		sufficient terms and with sufficient conspicuousness, compared
98	100		with other words, statements, designs, or devices in the label or
99	101		labeling, to make it likely to be read and understood by the
100	102		ordinary individual under customary conditions of purchase and use;
101	103		(7) it purports to be or is represented as a food for
102	104		which a definition and standard of identity or composition has been
103	105		prescribed by department rule under Section 433.043 unless:
104	106		(A) it conforms to the definition and standard;
105	107		or
106	108		(B) its label bears:
107	109		(i) the name of the food specified in the
108	110		definition and standard; and
109	111		(ii) to the extent required by department
110	112		rule, the common names of optional ingredients present in the food,
111	113		other than spices, flavoring, and coloring;
112	114		(8) it purports to be or is represented as a food for
113	115		which a standard of fill of container has been prescribed by
114	116		department rule under Section 433.043 and the food does not meet the
115	117		standard of fill of container, unless its label bears, in the manner
116	118		and form prescribed by department rule, a statement that it does not
117	119		meet the standard;
118	120		(9) except as provided by Subsection (c), it does not
119	121		purport to be or is not represented as a food for which a standard of
120	122		identity or composition has been prescribed by department rule
121	123		unless its label bears:
122	124		(A) any common or usual name of the food; and
123	125		(B) if it is fabricated from two or more
124	126		ingredients, the common or usual name of each ingredient;
125	127		(10) it purports to be or is represented for special
126	128		dietary uses and its label does not bear the information concerning
127	129		its vitamin, mineral, and other dietary properties that the
128	130		department, after the executive commissioner or department
129	131		consults with the United States Secretary of Agriculture, has
130	132		determined, and the executive commissioner has prescribed by rule,
131	133		to be necessary to fully inform purchasers of its value for those
132	134		uses;
133	135		(11) it bears or contains artificial flavoring,
134	136		artificial coloring, or a chemical preservative unless it bears
135	137		labeling stating that fact, except as otherwise prescribed by
136	138		department rule for situations in which compliance with this
137	139		subdivision is impracticable; [or]
138	140		(12) it does not bear on itself or its container, as
139	141		prescribed by department rule:
140	142		(A) the inspection legend and establishment
141	143		number of the establishment in which the product was prepared; and
142	144		(B) notwithstanding any other provision of this
143	145		section, other information required by department rule to assure
144	146		that the product will not have false or misleading labeling and that
145	147		the public will be informed of the manner of handling required to
146	148		keep the product in wholesome condition;
147	149		(13) for an analogue product of meat, a meat food
148	150		product, poultry, or a poultry product, its label does not bear in
149	151		prominent type of uniform size immediately before the name of the
150	152		product any of the following terms:
151	153		(A) "analogue";
152	154		(B) "meatless";
153	155		(C) "plant-based";
154	156		(D) "made from plants"; or
155	157		(E) a similar qualifying term or disclaimer
156	158		intended to clearly communicate to a consumer the contents of the
157	159		product; or
158	160		(14) for a cell-cultured product, its label does not
159	161		bear in prominent type of uniform size immediately before the name
160	162		of the product any of the following terms:
161	163		(A) "cell-cultured"; or
162	164		(B) "lab-grown".
163	165		(d) If a food is alleged to be misbranded because the
164	166		labeling or advertising is misleading, the department in
165	167		determining whether the labeling or advertising is misleading shall
166	168		consider, among other characteristics:
167	169		(1) a representation made or suggested by a statement,
168	170		word, design, image, device, sound, or any combination of these;
169	171		and
170	172		(2) the extent to which the labeling or advertising
171	173		suggests the food is:
172	174		(A) authentic meat or poultry if the food is not
173	175		meat or poultry;
174	176		(B) a meat product or poultry product if the food
175	177		is not a meat product or poultry product; or
176	178		(C) derived from livestock in any form if the
177	179		food is not derived from livestock.
178	180		SECTION 3. As soon as practicable after the effective date
179	181		of this Act, the executive commissioner of the Health and Human
180	182		Services Commission shall adopt rules as necessary to implement the
181	183		changes in law made by this Act.
182	184		SECTION 4. This Act takes effect September 1, 2021.