By: Perry S.B. No. 1145
A BILL TO BE ENTITLED
AN ACT
relating to marketing and labeling requirements for certain food
products, including imitation meat and egg food products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 431, Health and Safety
Code, is amended by adding Section 431.0825 to read as follows:
Sec. 431.0825. MARKETING AND LABELING OF CERTAIN FOOD
PRODUCTS. (a) In this section:
(1) "Egg" has the meaning assigned by Section 4(g),
Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term
does not include synthetic or cell cultured products.
(2) "Egg product" has the meaning assigned by Section
4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The
term does not include synthetic or cell cultured products.
(3) "Fish" has the meaning assigned by Section 403,
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
343(q)(4)(E)). The term does not include synthetic or cell
cultured products.
(4) "Meat food product" has the meaning assigned by
Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
601(j)). The term does not include synthetic or cell cultured
products.
(5) "Poultry" has the meaning assigned by Section
4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
The term does not include synthetic or cell cultured products.
(6) "Poultry product" has the meaning assigned by
Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
453(f)). The term does not include synthetic or cell cultured
products.
(7) "Standard of identity" related to food product
labeling 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.
(b) Except as provided by Subsection (c), a person violates
this section 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, for a food
product that does not meet the standard of identity; or
(2) an image, depiction, or graphic of a livestock
animal, for a food product that does not contain a product derived
from a livestock animal.
(c) A person does not violate this section if the food
product's label bears, in prominent type of uniform size, as
applicable:
(1) the word "imitation" immediately followed by the
name of the product imitated;
(2) the phrase "This product does not contain animal
protein";
(3) the word "meatless";
(4) the words "meat free";
(5) the words "plant based";
(6) the words "egg free";
(7) the word "synthetic"; or
(8) another substantially similar qualifying term or
disclaimer.
(d) 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 food products; and
(2) to the extent practical and cost-effective, enter
into a memorandum of understanding with the Department of
Agriculture or another state agency as necessary to execute the
department's responsibilities under this section.
SECTION 2. This Act takes effect January 1, 2022.