Texas 2021 - 87th 2nd C.S.

Texas House Bill HB242 Compare Versions

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

Old	New	Differences
1	1	By: White H.B. No. 242
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the advertising and labeling of certain food products.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 433.003, Health and Safety Code, is
9	9	amended by amending Subdivisions (1), (20), and (21) and adding
10	10	Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a)
11	11	to read as follows:
12	12	(1) "Advertising" has the meaning assigned by Section
13	13	431.002.
14	14	(1-a) "Analogue product" means a food product derived
15	15	by combining processed plant products, insects, or fungus with
16	16	additives to approximate the texture, flavor, appearance, or other
17	17	aesthetic qualities or the chemical characteristics of any specific
18	18	type of meat, meat food product, poultry, or poultry product.
19	19	(1-b) "Animal food manufacturer" means a person in the
20	20	business of manufacturing or processing animal food any part of
21	21	which is derived from a carcass, or a part or product of a carcass,
22	22	of livestock.
23	23	(1-c) "Beef" means any edible portion of a formerly
24	24	live and whole cattle carcass. The term includes any commonly
25	25	understood variation or abbreviation of the term. The term does not
26	26	include a cell-cultured, plant-based, or insect-based food
27	27	product.
28	28	(2-a) "Cell-cultured product" means a food product
29	29	derived by engineering muscle tissue fibers from animal cells in a
30	30	laboratory or similar setting.
31	31	(11-a) "Meat" means the part of the muscle of cattle,
32	32	sheep, swine, or goats that is skeletal or is found in the tongue,
33	33	diaphragm, heart, or esophagus, with or without the accompanying
34	34	and overlying fat, and the portions of bone, including bone-in
35	35	products, skin, sinew, nerve, and blood vessels that normally
36	36	accompany the muscle tissue and that are not separated from it in
37	37	the process of dressing. The term has a comparable meaning as
38	38	applied to equine food products. The term does not include:
39	39	(A) muscle found in the lips, snout, or ears;
40	40	(B) animal tissue containing significant
41	41	portions of bone, including hard bone and related components, such
42	42	as bone marrow, or any amount of brain, trigeminal ganglia, spinal
43	43	cord, or dorsal root ganglia; or
44	44	(C) cell-cultured, plant-based, or insect-based
45	45	food products.
46	46	(13-a) "Misleading" means the use of a false or
47	47	deceptive oral or written statement, advertisement, label,
48	48	display, picture, illustration, or sample.
49	49	(19-a) "Pork" means any edible portion of a formerly
50	50	live and whole swine carcass. The term includes any commonly
51	51	understood variation or abbreviation of the term. The term does not
52	52	include a cell-cultured, plant-based, or insect-based food
53	53	product.
54	54	(20) "Poultry" means any [a] live or dead domesticated
55	55	bird, including chickens, turkeys, ducks, geese, guineas, ratites,
56	56	or squabs.
57	57	(21) "Poultry product" means any [a] poultry carcass,
58	58	part of a poultry carcass, or [a] product [any part of which is]
59	59	made wholly or partly from a poultry carcass or part of a poultry
60	60	carcass. Unless the context requires otherwise, the term includes
61	61	only articles capable of use as human food. The term does not
62	62	include [, except a product that]:
63	63	(A) a cell-cultured, plant-based, or
64	64	insect-based food product [contains poultry ingredients only in a
65	65	relatively small proportion or that historically has not been
66	66	considered by consumers as a product of the poultry food industry];
67	67	or [and]
68	68	(B) a product that is exempted from the
69	69	definition of poultry product under 9 C.F.R. Section 381.15 [by
70	70	department rule under conditions assuring that the poultry
71	71	ingredients in the product are unadulterated and that the product
72	72	is not represented as a poultry product].
73	73	SECTION 2. Section 433.005, Health and Safety Code, is
74	74	amended by amending Subsection (a) and adding Subsection (d) to
75	75	read as follows:
76	76	(a) A livestock, [or] poultry product, analogue product, or
77	77	cell-cultured product is misbranded if:
78	78	(1) any part of its labeling is false or misleading;
79	79	(2) it is offered for sale under the name of another
80	80	food;
81	81	(3) it is an imitation of another food, unless its
82	82	label bears, in prominent type of uniform size, the word
83	83	"imitation" immediately followed by the name of the food imitated;
84	84	(4) its container is made, formed, or filled so as to
85	85	be misleading;
86	86	(5) except as provided by Subsection (b), it does not
87	87	bear a label showing:
88	88	(A) the manufacturer's, packer's, or
89	89	distributor's name and place of business; and
90	90	(B) an accurate statement of the quantity of the
91	91	product by weight, measure, or numerical count;
92	92	(6) a word, statement, or other information required
93	93	by or under the authority of this chapter to appear on the label or
94	94	labeling is not prominently placed on the label or labeling in
95	95	sufficient terms and with sufficient conspicuousness, compared
96	96	with other words, statements, designs, or devices in the label or
97	97	labeling, to make it likely to be read and understood by the
98	98	ordinary individual under customary conditions of purchase and use;
99	99	(7) it purports to be or is represented as a food for
100	100	which a definition and standard of identity or composition has been
101	101	prescribed by department rule under Section 433.043 unless:
102	102	(A) it conforms to the definition and standard;
103	103	or
104	104	(B) its label bears:
105	105	(i) the name of the food specified in the
106	106	definition and standard; and
107	107	(ii) to the extent required by department
108	108	rule, the common names of optional ingredients present in the food,
109	109	other than spices, flavoring, and coloring;
110	110	(8) it purports to be or is represented as a food for
111	111	which a standard of fill of container has been prescribed by
112	112	department rule under Section 433.043 and the food does not meet the
113	113	standard of fill of container, unless its label bears, in the manner
114	114	and form prescribed by department rule, a statement that it does not
115	115	meet the standard;
116	116	(9) except as provided by Subsection (c), it does not
117	117	purport to be or is not represented as a food for which a standard of
118	118	identity or composition has been prescribed by department rule
119	119	unless its label bears:
120	120	(A) any common or usual name of the food; and
121	121	(B) if it is fabricated from two or more
122	122	ingredients, the common or usual name of each ingredient;
123	123	(10) it purports to be or is represented for special
124	124	dietary uses and its label does not bear the information concerning
125	125	its vitamin, mineral, and other dietary properties that the
126	126	department, after the executive commissioner or department
127	127	consults with the United States Secretary of Agriculture, has
128	128	determined, and the executive commissioner has prescribed by rule,
129	129	to be necessary to fully inform purchasers of its value for those
130	130	uses;
131	131	(11) it bears or contains artificial flavoring,
132	132	artificial coloring, or a chemical preservative unless it bears
133	133	labeling stating that fact, except as otherwise prescribed by
134	134	department rule for situations in which compliance with this
135	135	subdivision is impracticable; [or]
136	136	(12) it does not bear on itself or its container, as
137	137	prescribed by department rule:
138	138	(A) the inspection legend and establishment
139	139	number of the establishment in which the product was prepared; and
140	140	(B) notwithstanding any other provision of this
141	141	section, other information required by department rule to assure
142	142	that the product will not have false or misleading labeling and that
143	143	the public will be informed of the manner of handling required to
144	144	keep the product in wholesome condition;
145	145	(13) for an analogue product of meat, a meat food
146	146	product, poultry, or a poultry product, its label does not bear in
147	147	prominent type of uniform size immediately before the name of the
148	148	product any of the following terms:
149	149	(A) "analogue";
150	150	(B) "meatless";
151	151	(C) "plant-based";
152	152	(D) "made from plants"; or
153	153	(E) a similar qualifying term or disclaimer
154	154	intended to clearly communicate to a consumer the contents of the
155	155	product; or
156	156	(14) for a cell-cultured product, its label does not
157	157	bear in prominent type of uniform size immediately before the name
158	158	of the product any of the following terms:
159	159	(A) "cell-cultured"; or
160	160	(B) "lab-grown".
161	161	(d) If a food is alleged to be misbranded because the
162	162	labeling or advertising is misleading, the department in
163	163	determining whether the labeling or advertising is misleading shall
164	164	consider, among other characteristics:
165	165	(1) a representation made or suggested by a statement,
166	166	word, design, image, device, sound, or any combination of these;
167	167	and
168	168	(2) the extent to which the labeling or advertising
169	169	suggests the food is:
170	170	(A) authentic meat or poultry if the food is not
171	171	meat or poultry;
172	172	(B) a meat product or poultry product if the food
173	173	is not a meat product or poultry product; or
174	174	(C) derived from livestock in any form if the
175	175	food is not derived from livestock.
176	176	SECTION 3. As soon as practicable after the effective date
177	177	of this Act, the executive commissioner of the Health and Human
178	178	Services Commission shall adopt rules as necessary to implement the
179	179	changes in law made by this Act.
180	180	SECTION 4. This Act takes effect on the 91st day after the
181	181	last day of the legislative session.