88R2358 SRA-F
By: Buckley H.B. No. 1788
A BILL TO BE ENTITLED
AN ACT
relating to the labeling of analogue and cell-cultured 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 431.0805 to read as follows:
Sec. 431.0805. DEFINITIONS. In this subchapter:
(1) "Analogue product" means a food product derived by
combining processed plant products, insects, or fungus with food
additives to approximate the texture, flavor, appearance, or other
aesthetic qualities or the chemical characteristics of any specific
type of egg, egg product, fish, meat, meat food product, poultry, or
poultry product.
(2) "Cell-cultured product" means a food product
derived by harvesting animal cells and artificially replicating
those cells in a growth medium in a laboratory to produce tissue.
(3) "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 an analogue product or a cell-cultured product.
(4) "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 an analogue product or a cell-cultured
product.
(5) "Fish" has the meaning assigned by Section 403 of
the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not
include an analogue product or a cell-cultured product.
(6) "Meat" has the meaning assigned by 9 C.F.R.
Section 301.2. The term does not include an analogue product or a
cell-cultured product.
(7) "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 an analogue product or a
cell-cultured product.
(8) "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 an analogue product or a cell-cultured
product.
(9) "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 an analogue product or a
cell-cultured product.
SECTION 2. Section 431.082, Health and Safety Code, is
amended to read as follows:
Sec. 431.082. MISBRANDED FOOD. A food shall be deemed to be
misbranded:
(a) if its labeling is false or misleading in any
particular or fails to conform with the requirements of Section
431.181;
(b) if, in the case of a food to which Section 411 of
the federal Act applies, its advertising is false or misleading in a
material respect or its labeling is in violation of Section
411(b)(2) of the federal Act;
(c) if it is offered for sale under the name of another
food;
(d) if it is an imitation of another food, unless its
label bears, in prominent type of uniform size, the word
"imitation" and immediately thereafter the name of the food
imitated;
(d-1) if it is an analogue product of meat, a meat food
product, poultry, a poultry product, an egg product, or fish,
unless its label bears in prominent type of uniform size
immediately before the name of the product one of the following:
(1) "analogue";
(2) "meatless";
(3) "plant-based";
(4) "made from plants"; or
(5) a similar qualifying term or disclaimer
intended to clearly communicate to a consumer the contents of the
product;
(e) if its container is so made, formed, or filled as
to be misleading;
(f) if in package form unless it bears a label
containing:
(1) the name and place of business of the
manufacturer, packer, or distributor; and
(2) an accurate statement, in a uniform location
on the principal display panel of the label, of the quantity of the
contents in terms of weight, measure, or numerical count; provided,
that under this subsection reasonable variations shall be
permitted, and exemptions as to small packages shall be
established, by department rules;
(g) if any word, statement, or other information
required by or under the authority of this chapter to appear on the
label or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or devices in the labeling) and in such terms as to render
it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use;
(h) if it purports to be or is represented as a food
for which a definition and standard of identity has been prescribed
by federal regulations or department rules as provided by Section
431.245, unless:
(1) it conforms to such definition and standard;
and
(2) its label bears the name of the food
specified in the definition and standard, and, in so far as may be
required by those regulations or rules, the common names of
ingredients, other than spices, flavoring, and coloring, present in
such food;
(i) if it purports to be or is represented as:
(1) a food for which a standard of quality has
been prescribed by federal regulations or department rules as
provided by Section 431.245, and its quality falls below such
standard unless its label bears, in such manner and form as those
regulations or rules specify, a statement that it falls below such
standard; or
(2) a food for which a standard or standards of
fill of container have been prescribed by federal regulations or
department rules as provided by Section 431.245, and it falls below
the standard of fill of container applicable thereto, unless its
label bears, in such manner and form as those regulations or rules
specify, a statement that it falls below such standard;
(j) unless its label bears:
(1) the common or usual name of the food, if any;
and
(2) in case it is fabricated from two or more
ingredients, the common or usual name of each such ingredient, and
if the food purports to be a beverage containing vegetable or fruit
juice, a statement with appropriate prominence on the information
panel of the total percentage of the fruit or vegetable juice
contained in the food; except that spices, flavorings, and colors
not required to be certified under Section 721(c) of the federal
Act, other than those sold as such, may be designated as spices,
flavorings, and colors, without naming each; provided that, to the
extent that compliance with the requirements of this subdivision is
impractical or results in deception or unfair competition,
exemptions shall be established by department rules;
(k) if it purports to be or is represented for special
dietary uses, unless its label bears such information concerning
its vitamin, mineral, and other dietary properties as the executive
commissioner determines to be, and by rule prescribed, as necessary
in order to fully inform purchasers as to its value for such uses;
(l) if it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact; provided that, to the extent that
compliance with the requirements of this subsection is
impracticable, exemptions shall be established by department
rules. The provisions of this subsection and Subsections (h) and
(j) with respect to artificial coloring do not apply in the case of
butter, cheese, and ice cream;
(m) if it is a raw agricultural commodity that is the
produce of the soil and bears or contains a pesticide chemical
applied after harvest, unless the shipping container of the
commodity bears labeling that declares the presence of the chemical
in or on the commodity and the common or usual name and the function
of the chemical, except that the declaration is not required while
the commodity, after removal from the shipping container, is being
held or displayed for sale at retail out of the container in
accordance with the custom of the trade;
(n) if it is a product intended as an ingredient of
another food and if used according to the directions of the purveyor
will result in the final food product being adulterated or
misbranded;
(o) if it is a color additive, unless its packaging and
labeling are in conformity with the packaging and labeling
requirements applicable to the color additive as may be contained
in regulations issued under Section 721 of the federal Act;
(p) if its packaging or labeling is in violation of an
applicable regulation issued under Section 3 or 4 of the federal
Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473);
(q)(1) if it is a food intended for human consumption
and is offered for sale, unless its label or labeling bears
nutrition information that provides:
(A)(i) the serving size that is an amount
customarily consumed and that is expressed in a common household
measure that is appropriate to the food; or
(ii) if the use of the food is not
typically expressed in a serving size, the common household unit of
measure that expresses the serving size of the food;
(B) the number of servings or other units of
measure per container;
(C) the total number of calories in each
serving size or other unit of measure that are:
(i) derived from any source; and
(ii) derived from fat;
(D) the amount of total fat, saturated fat,
cholesterol, sodium, total carbohydrates, complex carbohydrates,
sugar, dietary fiber, and total protein contained in each serving
size or other unit of measure; and
(E) any vitamin, mineral, or other nutrient
required to be placed on the label and labeling of food under the
federal Act; or
(2)(A) if it is a food distributed at retail
in bulk display cases, or a food received in bulk containers, unless
it has nutrition labeling prescribed by the secretary; and
(B) if the secretary determines it is
necessary, nutrition labeling will be mandatory for raw fruits,
vegetables, and fish, including freshwater or marine finfish,
crustaceans, mollusks including shellfish, amphibians, and other
forms of aquatic animal life, except that:
(3)(A) Subdivisions (1) and (2) do not
apply to food:
(i) that is served in restaurants or
other establishments in which food is served for immediate human
consumption or that is sold for sale or use in those establishments;
(ii) that is processed and prepared
primarily in a retail establishment, that is ready for human
consumption, that is of the type described in Subparagraph (i),
that is offered for sale to consumers but not for immediate human
consumption in the establishment, and that is not offered for sale
outside the establishment;
(iii) that is an infant formula
subject to Section 412 of the federal Act;
(iv) that is a medical food as defined
in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b));
or
(v) that is described in Section 405,
clause (2), of the federal Act;
(B) Subdivision (1) does not apply to the
label of a food if the secretary determines by regulation that
compliance with that subdivision is impracticable because the
package of the food is too small to comply with the requirements of
that subdivision and if the label of that food does not contain any
nutrition information;
(C) if the secretary determines that a food
contains insignificant amounts of all the nutrients required by
Subdivision (1) to be listed in the label or labeling of food, the
requirements of Subdivision (1) do not apply to the food if the
label, labeling, or advertising of the food does not make any claim
with respect to the nutritional value of the food, provided that if
the secretary determines that a food contains insignificant amounts
of more than half the nutrients required by Subdivision (1) to be in
the label or labeling of the food, the amounts of those nutrients
shall be stated in a simplified form prescribed by the secretary;
(D) if a person offers food for sale and has
annual gross sales made or business done in sales to consumers that
is not more than $500,000 or has annual gross sales made or business
done in sales of food to consumers that is not more than $50,000,
the requirements of this subsection do not apply to food sold by
that person to consumers unless the label or labeling of food
offered by that person provides nutrition information or makes a
nutrition claim;
(E) if foods are subject to Section 411 of
the federal Act, the foods shall comply with Subdivisions (1) and
(2) in a manner prescribed by the rules; and
(F) if food is sold by a food distributor,
Subdivisions (1) and (2) do not apply if the food distributor
principally sells food to restaurants or other establishments in
which food is served for immediate human consumption and the food
distributor does not manufacture, process, or repackage the food it
sells;
(r) if it is a food intended for human consumption and
is offered for sale, and a claim is made on the label, labeling, or
retail display relating to the nutrient content or a nutritional
quality of the food to a specific disease or condition of the human
body, except as permitted by Section 403(r) of the federal Act; or
(s) if it is a food intended for human consumption and
its label, labeling, and retail display do not comply with the
requirements of Section 403(r) of the federal Act pertaining to
nutrient content and health claims.
SECTION 3. Subchapter C, Chapter 433, Health and Safety
Code, is amended by adding Section 433.0415 to read as follows:
Sec. 433.0415. LABELING CELL-CULTURED PRODUCT. (a) In
this section, "cell-cultured product" has the meaning assigned by
Section 431.0805.
(b) A cell-cultured product must be labeled in prominent
type of uniform size immediately before the name of the product
using one of the following:
(1) "cell-cultured";
(2) "lab-grown"; or
(3) a similar qualifying term or disclaimer intended
to clearly communicate to a consumer the contents of the product.
(c) The provisions of this subchapter apply to a
cell-cultured product, as applicable.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
the changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2023.