Texas 2021 - 87th Regular

Texas Senate Bill SB883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11195 TYPED
2	2	By: Springer S.B. No. 883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the advertising and labeling of certain meat food
8	8	products.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
11	11	amended by adding Chapter 433A to read as follows:
12	12	CHAPTER 433A. TEXAS MEAT AND IMITATION FOOD ACT
13	13	Sec. 433A.0001. DEFINITIONS. In this chapter:
14	14	(1) "Advertising" means a representation disseminated
15	15	in any manner or by any means, other than by labeling, for the
16	16	purpose of inducing, or that is likely to induce, directly or
17	17	indirectly, the purchase of food.
18	18	(2) "Beef" means any edible portion of a formerly live
19	19	and whole cattle carcass, not derived by synthetic or artificial
20	20	means.
21	21	(3) "Chicken" means any edible portion of a formerly
22	22	live and whole poultry carcass, not derived by synthetic or
23	23	artificial means.
24	24	(4) "Food" means:
25	25	(A) articles used for human food or drink; and
26	26	(B) articles used as components for those
27	27	articles.
28	28	(5) "Label" means a display of written, printed, or
29	29	other graphic matter on an article or the immediate container,
30	30	other than a package liner, of an article.
31	31	(6) "Labeling" means:
32	32	(A) a label; or
33	33	(B) other written, printed, or graphic material
34	34	on an article or any container or wrapper of an article, or
35	35	accompanying an article.
36	36	(7) "Livestock" means cattle, sheep, swine, goats, and
37	37	poultry.
38	38	(8) "Meat" means any edible portion of a livestock
39	39	carcass that does not contain lab-grown, cell cultured, insect, or
40	40	plant-based food products.
41	41	(9) "Misrepresent" means the use of a false,
42	42	misleading, or deceptive oral or written statement, advertisement,
43	43	label, display, picture, illustration, or sample.
44	44	(10) "Pork" means any edible portion of a formerly
45	45	live and whole swine carcass, not derived by synthetic or
46	46	artificial means.
47	47	Sec. 433A.0002. RULES. The executive commissioner shall
48	48	adopt rules as necessary to implement and enforce this chapter. A
49	49	violation of a rule adopted under this chapter is a violation of
50	50	this chapter.
51	51	Sec. 433A.0003. MISBRANDED FOOD. A food advertised or
52	52	labeled as containing or imitating meat shall be considered
53	53	misbranded if:
54	54	(1) any part of its labeling is false or misleading;
55	55	(2) the food is misrepresented as harvested meat
56	56	through the use of any misleading or deceptive advertising or
57	57	labeling;
58	58	(3) any portion of the food's advertising or labeling
59	59	suggests or implies that the food imitates meat, beef, chicken, or
60	60	pork when the food does not;
61	61	(4) the food includes a label stating "meat," "beef,"
62	62	"chicken," "pork," or any common variation of those terms, if the
63	63	food does not contain the products listed on the label; and
64	64	(5) the food's label includes a claim comparing the
65	65	food's nutritional value to that of meat without disclosing the
66	66	human benefit of the food.
67	67	Sec. 433A.0004. DETERMINATION OF MISLEADING LABELING OR
68	68	ADVERTISING. If a food is alleged to be misbranded because the
69	69	labeling or advertising is misleading, the department in
70	70	determining whether the labeling or advertising is misleading shall
71	71	consider, among other characteristics:
72	72	(1) a representation made or suggested by a statement,
73	73	word, design, device, sound, or any combination of these; and
74	74	(2) the extent to which the labeling or advertising
75	75	suggests the food is:
76	76	(A) authentic meat;
77	77	(B) a meat product; or
78	78	(C) derived from livestock in any form.
79	79	Sec. 433A.0005. CERTAIN ACTIVITIES PROHIBITED. A person
80	80	may not:
81	81	(1) adulterate or misbrand food that is subject to
82	82	this chapter;
83	83	(2) introduce or deliver for introduction into
84	84	commerce food that is adulterated or misbranded under this chapter;
85	85	or
86	86	(3) receive in commerce any food that is adulterated
87	87	or misbranded under this chapter with the intent to deliver or
88	88	introduce the food into commerce for payment.
89	89	Sec. 433A.0006. INJUNCTION. (a) The department, or
90	90	attorney general on the department's request, may petition a
91	91	district court for a temporary restraining order to restrain a
92	92	continuing violation of this chapter or a threat of a continuing
93	93	violation of this chapter if the department finds that:
94	94	(1) a person has violated, is violating, or is
95	95	threatening to violate this chapter; and
96	96	(2) the violation or threatened violation creates an
97	97	immediate threat to public health and safety.
98	98	(b) A district court, on petition of the department or
99	99	attorney general, and on a finding by the court that a person is
100	100	violating or threatening to violate this chapter, shall grant any
101	101	injunctive relief warranted by the facts.
102	102	(c) Venue for a suit brought under this section is in the
103	103	county in which the violation or threat of violation is alleged to
104	104	have occurred or in Travis County.
105	105	(d) The department and the attorney general may each recover
106	106	reasonable expenses incurred in obtaining injunctive relief under
107	107	this section, including investigative costs, court costs,
108	108	reasonable attorney's fees, witness fees, and deposition expenses.
109	109	The expenses recovered by the department may be used by the
110	110	department for the administration and enforcement of this chapter.
111	111	The expenses recovered by the attorney general may be used by the
112	112	attorney general.
113	113	Sec. 433A.0007. DETAINED, EMBARGOED, OR REMOVED FOOD. (a)
114	114	The department shall affix to a food subject to this chapter a tag
115	115	or other appropriate marking that gives notice that the food is, or
116	116	is suspected of being, adulterated or misbranded under this chapter
117	117	and that the food has been detained or embargoed if the department
118	118	finds or has probable cause to believe that the food:
119	119	(1) is adulterated under this chapter;
120	120	(2) is misbranded in a manner that renders the food
121	121	dangerous or fraudulent under this chapter; or
122	122	(3) violates Section 433A.0005.
123	123	(b) The tag or marking on a detained or embargoed food must
124	124	warn persons not to use the food, remove the food from the premises,
125	125	or dispose of the food by sale or otherwise until the department or
126	126	a court grants permission for the use, removal, or disposal of the
127	127	food.
128	128	(c) A person may not use a detained or embargoed food,
129	129	remove a detained or embargoed food from the premises, or dispose of
130	130	a detained or embargoed food by sale or otherwise without
131	131	permission of the department or a court. The department may allow
132	132	perishable foods to be moved to a place suitable for storage.
133	133	(d) The department shall remove the tag or other marking
134	134	from an embargoed or detained food if the department finds that the
135	135	food is not adulterated or misbranded under this chapter.
136	136	(e) If the claimant of the detained or embargoed food or the
137	137	claimant's agent fails or refuses to transfer the food to a secure
138	138	place after the tag or other appropriate marking has been affixed as
139	139	provided by this section, the department may order the food
140	140	transferred to one or more secure storage areas to prevent the
141	141	unauthorized use, removal, or disposal of the food.
142	142	Sec. 433A.0008. CORRECTION OF VIOLATION. (a) A court may
143	143	order the delivery of a sampled food or a detained or embargoed food
144	144	that is adulterated or misbranded under this chapter to the
145	145	claimant of the food for labeling or processing under the
146	146	supervision of the department if:
147	147	(1) the court orders the delivery in a suit
148	148	challenging the detention or embargo;
149	149	(2) the costs, fees, and expenses of the suit have been
150	150	paid;
151	151	(3) the adulteration or misbranding can be corrected
152	152	by proper labeling or processing; and
153	153	(4) a good and sufficient bond, conditioned on the
154	154	correction of the adulteration or misbranding by proper labeling or
155	155	processing, has been executed.
156	156	(b) The claimant shall pay the costs of the supervision
157	157	under this section.
158	158	(c) The court shall order the food returned to the claimant
159	159	and the bond discharged on the department's representation to the
160	160	court that the food no longer violates this chapter and that the
161	161	expenses of the supervision are paid.
162	162	SECTION 2. As soon as practicable after the effective date
163	163	of this Act, the executive commissioner of the Health and Human
164	164	Services Commission shall adopt rules as necessary to implement
165	165	Chapter 433A, Health and Safety Code, as added by this Act.
166	166	SECTION 3. This Act takes effect September 1, 2021.