TX
Texas Senate Bill SB1145

Texas 2021 - 87th Regular

Texas Senate Bill SB1145 Compare Versions

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11 By: Perry S.B. No. 1145
2- (Buckley)
3- Substitute the following for S.B. No. 1145: No.
42
53
64 A BILL TO BE ENTITLED
75 AN ACT
8- relating to the advertising and labeling of certain food products.
6+ relating to marketing and labeling requirements for certain food
7+ products, including imitation meat and egg food products.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Section 433.003, Health and Safety Code, is
11- amended by amending Subdivisions (1), (20), and (21) and adding
12- Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a)
13- to read as follows:
14- (1) "Advertising" has the meaning assigned by Section
15- 431.002.
16- (1-a) "Analogue product" means a food product derived
17- by combining processed plant products, insects, or fungus with
18- additives to approximate the texture, flavor, appearance, or other
19- aesthetic qualities or the chemical characteristics of any specific
20- type of meat, meat food product, poultry, or poultry product.
21- (1-b) "Animal food manufacturer" means a person in the
22- business of manufacturing or processing animal food any part of
23- which is derived from a carcass, or a part or product of a carcass,
24- of livestock.
25- (1-c) "Beef" means any edible portion of a formerly
26- live and whole cattle carcass. The term includes any commonly
27- understood variation or abbreviation of the term. The term does not
28- include a cell-cultured, plant-based, or insect-based food
29- product.
30- (2-a) "Cell-cultured product" means a food product
31- derived by engineering muscle tissue fibers from animal cells in a
32- laboratory or similar setting.
33- (11-a) "Meat" means the part of the muscle of cattle,
34- sheep, swine, or goats that is skeletal or is found in the tongue,
35- diaphragm, heart, or esophagus, with or without the accompanying
36- and overlying fat, and the portions of bone, including bone-in
37- products, skin, sinew, nerve, and blood vessels that normally
38- accompany the muscle tissue and that are not separated from it in
39- the process of dressing. The term has a comparable meaning as
40- applied to equine food products. The term does not include:
41- (A) muscle found in the lips, snout, or ears;
42- (B) animal tissue containing significant
43- portions of bone, including hard bone and related components, such
44- as bone marrow, or any amount of brain, trigeminal ganglia, spinal
45- cord, or dorsal root ganglia; or
46- (C) cell-cultured, plant-based, or insect-based
47- food products.
48- (13-a) "Misleading" means the use of a false or
49- deceptive oral or written statement, advertisement, label,
50- display, picture, illustration, or sample.
51- (19-a) "Pork" means any edible portion of a formerly
52- live and whole swine carcass. The term includes any commonly
53- understood variation or abbreviation of the term. The term does not
54- include a cell-cultured, plant-based, or insect-based food
55- product.
56- (20) "Poultry" means any [a] live or dead domesticated
57- bird, including chickens, turkeys, ducks, geese, guineas, ratites,
58- or squabs.
59- (21) "Poultry product" means any [a] poultry carcass,
60- part of a poultry carcass, or [a] product [any part of which is]
61- made wholly or partly from a poultry carcass or part of a poultry
62- carcass. Unless the context requires otherwise, the term includes
63- only articles capable of use as human food. The term does not
64- include[, except a product that]:
65- (A) a cell-cultured, plant-based, or
66- insect-based food product [contains poultry ingredients only in a
67- relatively small proportion or that historically has not been
68- considered by consumers as a product of the poultry food industry];
69- or [and]
70- (B) a product that is exempted from the
71- definition of poultry product under 9 C.F.R. Section 381.15 [by
72- department rule under conditions assuring that the poultry
73- ingredients in the product are unadulterated and that the product
74- is not represented as a poultry product].
75- SECTION 2. Section 433.005, Health and Safety Code, is
76- amended by amending Subsection (a) and adding Subsection (d) to
77- read as follows:
78- (a) A livestock, [or] poultry product, analogue product, or
79- cell-cultured product is misbranded if:
80- (1) any part of its labeling is false or misleading;
81- (2) it is offered for sale under the name of another
82- food;
83- (3) it is an imitation of another food, unless its
84- label bears, in prominent type of uniform size, the word
85- "imitation" immediately followed by the name of the food imitated;
86- (4) its container is made, formed, or filled so as to
87- be misleading;
88- (5) except as provided by Subsection (b), it does not
89- bear a label showing:
90- (A) the manufacturer's, packer's, or
91- distributor's name and place of business; and
92- (B) an accurate statement of the quantity of the
93- product by weight, measure, or numerical count;
94- (6) a word, statement, or other information required
95- by or under the authority of this chapter to appear on the label or
96- labeling is not prominently placed on the label or labeling in
97- sufficient terms and with sufficient conspicuousness, compared
98- with other words, statements, designs, or devices in the label or
99- labeling, to make it likely to be read and understood by the
100- ordinary individual under customary conditions of purchase and use;
101- (7) it purports to be or is represented as a food for
102- which a definition and standard of identity or composition has been
103- prescribed by department rule under Section 433.043 unless:
104- (A) it conforms to the definition and standard;
105- or
106- (B) its label bears:
107- (i) the name of the food specified in the
108- definition and standard; and
109- (ii) to the extent required by department
110- rule, the common names of optional ingredients present in the food,
111- other than spices, flavoring, and coloring;
112- (8) it purports to be or is represented as a food for
113- which a standard of fill of container has been prescribed by
114- department rule under Section 433.043 and the food does not meet the
115- standard of fill of container, unless its label bears, in the manner
116- and form prescribed by department rule, a statement that it does not
117- meet the standard;
118- (9) except as provided by Subsection (c), it does not
119- purport to be or is not represented as a food for which a standard of
120- identity or composition has been prescribed by department rule
121- unless its label bears:
122- (A) any common or usual name of the food; and
123- (B) if it is fabricated from two or more
124- ingredients, the common or usual name of each ingredient;
125- (10) it purports to be or is represented for special
126- dietary uses and its label does not bear the information concerning
127- its vitamin, mineral, and other dietary properties that the
128- department, after the executive commissioner or department
129- consults with the United States Secretary of Agriculture, has
130- determined, and the executive commissioner has prescribed by rule,
131- to be necessary to fully inform purchasers of its value for those
132- uses;
133- (11) it bears or contains artificial flavoring,
134- artificial coloring, or a chemical preservative unless it bears
135- labeling stating that fact, except as otherwise prescribed by
136- department rule for situations in which compliance with this
137- subdivision is impracticable; [or]
138- (12) it does not bear on itself or its container, as
139- prescribed by department rule:
140- (A) the inspection legend and establishment
141- number of the establishment in which the product was prepared; and
142- (B) notwithstanding any other provision of this
143- section, other information required by department rule to assure
144- that the product will not have false or misleading labeling and that
145- the public will be informed of the manner of handling required to
146- keep the product in wholesome condition;
147- (13) for an analogue product of meat, a meat food
148- product, poultry, or a poultry product, its label does not bear in
149- prominent type of uniform size immediately before the name of the
150- product any of the following terms:
151- (A) "analogue";
152- (B) "meatless";
153- (C) "plant-based";
154- (D) "made from plants"; or
155- (E) a similar qualifying term or disclaimer
156- intended to clearly communicate to a consumer the contents of the
157- product; or
158- (14) for a cell-cultured product, its label does not
159- bear in prominent type of uniform size immediately before the name
160- of the product any of the following terms:
161- (A) "cell-cultured"; or
162- (B) "lab-grown".
163- (d) If a food is alleged to be misbranded because the
164- labeling or advertising is misleading, the department in
165- determining whether the labeling or advertising is misleading shall
166- consider, among other characteristics:
167- (1) a representation made or suggested by a statement,
168- word, design, image, device, sound, or any combination of these;
169- and
170- (2) the extent to which the labeling or advertising
171- suggests the food is:
172- (A) authentic meat or poultry if the food is not
173- meat or poultry;
174- (B) a meat product or poultry product if the food
175- is not a meat product or poultry product; or
176- (C) derived from livestock in any form if the
177- food is not derived from livestock.
178- SECTION 3. As soon as practicable after the effective date
179- of this Act, the executive commissioner of the Health and Human
180- Services Commission shall adopt rules as necessary to implement the
181- changes in law made by this Act.
182- SECTION 4. This Act takes effect September 1, 2021.
9+ SECTION 1. Subchapter D, Chapter 431, Health and Safety
10+ Code, is amended by adding Section 431.0825 to read as follows:
11+ Sec. 431.0825. MARKETING AND LABELING OF CERTAIN FOOD
12+ PRODUCTS. (a) In this section:
13+ (1) "Egg" has the meaning assigned by Section 4(g),
14+ Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term
15+ does not include synthetic or cell cultured products.
16+ (2) "Egg product" has the meaning assigned by Section
17+ 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The
18+ term does not include synthetic or cell cultured products.
19+ (3) "Fish" has the meaning assigned by Section 403,
20+ Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
21+ 343(q)(4)(E)). The term does not include synthetic or cell
22+ cultured products.
23+ (4) "Meat food product" has the meaning assigned by
24+ Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
25+ 601(j)). The term does not include synthetic or cell cultured
26+ products.
27+ (5) "Poultry" has the meaning assigned by Section
28+ 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
29+ The term does not include synthetic or cell cultured products.
30+ (6) "Poultry product" has the meaning assigned by
31+ Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
32+ 453(f)). The term does not include synthetic or cell cultured
33+ products.
34+ (7) "Standard of identity" related to food product
35+ labeling means a standard of identity prescribed by the United
36+ States Department of Agriculture for the labeling of eggs, egg
37+ products, fish, meat, meat food products, poultry, or poultry
38+ products or products derived from one of those items.
39+ (b) Except as provided by Subsection (c), a person violates
40+ this section if, in order to directly or indirectly induce the
41+ purchase of a food product, the person labels, misbrands, or
42+ misrepresents the food product with:
43+ (1) a term that has a standard of identity, for a food
44+ product that does not meet the standard of identity; or
45+ (2) an image, depiction, or graphic of a livestock
46+ animal, for a food product that does not contain a product derived
47+ from a livestock animal.
48+ (c) A person does not violate this section if the food
49+ product's label bears, in prominent type of uniform size, as
50+ applicable:
51+ (1) the word "imitation" immediately followed by the
52+ name of the product imitated;
53+ (2) the phrase "This product does not contain animal
54+ protein";
55+ (3) the word "meatless";
56+ (4) the words "meat free";
57+ (5) the words "plant based";
58+ (6) the words "egg free";
59+ (7) the word "synthetic"; or
60+ (8) another substantially similar qualifying term or
61+ disclaimer.
62+ (d) The department shall:
63+ (1) enforce the proper use of standards of identity on
64+ food product labels to prevent consumer confusion and ensure the
65+ orderly and efficient marketing of food products; and
66+ (2) to the extent practical and cost-effective, enter
67+ into a memorandum of understanding with the Department of
68+ Agriculture or another state agency as necessary to execute the
69+ department's responsibilities under this section.
70+ SECTION 2. This Act takes effect January 1, 2022.