Texas 2023 - 88th Regular

Texas House Bill HB1788 Compare Versions

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1	1	88R19792 SRA-F
2	2	By: Buckley, Burrows, González of El Paso, H.B. No. 1788
3	3	Bailes, Kitzman, et al.
4	4	Substitute the following for H.B. No. 1788:
5	5	By: Klick C.S.H.B. No. 1788
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the labeling of analogue and cell-cultured products.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 431, Health and Safety
13	13	Code, is amended by adding Section 431.0805 to read as follows:
14	14	Sec. 431.0805. DEFINITIONS. In this subchapter:
15	15	(1) "Analogue product" means a food product derived by
16	16	combining processed plant products, insects, or fungus with food
17	17	additives to approximate the texture, flavor, appearance, or other
18	18	aesthetic qualities or the chemical characteristics of any specific
19	19	type of egg, egg product, fish, meat, meat food product, poultry, or
20	20	poultry product.
21	21	(2) "Cell-cultured product" means a food product
22	22	derived by harvesting animal cells and artificially replicating
23	23	those cells in a growth medium in a laboratory to produce tissue.
24	24	(3) "Close proximity" means:
25	25	(A) immediately before or after the name of the
26	26	product;
27	27	(B) in the line of the label immediately before
28	28	or after the line containing the name of the product; or
29	29	(C) within the same phrase or sentence containing
30	30	the name of the product.
31	31	(4) "Egg" has the meaning assigned by Section 4(g),
32	32	Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term
33	33	does not include an analogue product or a cell-cultured product.
34	34	(5) "Egg product" has the meaning assigned by Section
35	35	4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The
36	36	term does not include an analogue product or a cell-cultured
37	37	product.
38	38	(6) "Fish" has the meaning assigned by Section 403 of
39	39	the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not
40	40	include an analogue product or a cell-cultured product.
41	41	(7) "Meat" has the meaning assigned by 9 C.F.R.
42	42	Section 301.2. The term does not include an analogue product or a
43	43	cell-cultured product.
44	44	(8) "Meat food product" has the meaning assigned by
45	45	Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
46	46	601(j)). The term does not include an analogue product or a
47	47	cell-cultured product.
48	48	(9) "Poultry" has the meaning assigned by Section
49	49	4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
50	50	The term does not include an analogue product or a cell-cultured
51	51	product.
52	52	(10) "Poultry product" has the meaning assigned by
53	53	Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
54	54	453(f)). The term does not include an analogue product or a
55	55	cell-cultured product.
56	56	SECTION 2. Section 431.082, Health and Safety Code, is
57	57	amended to read as follows:
58	58	Sec. 431.082. MISBRANDED FOOD. A food shall be deemed to be
59	59	misbranded:
60	60	(a) if its labeling is false or misleading in any
61	61	particular or fails to conform with the requirements of Section
62	62	431.181;
63	63	(b) if, in the case of a food to which Section 411 of
64	64	the federal Act applies, its advertising is false or misleading in a
65	65	material respect or its labeling is in violation of Section
66	66	411(b)(2) of the federal Act;
67	67	(c) if it is offered for sale under the name of another
68	68	food;
69	69	(d) if it is an imitation of another food, unless its
70	70	label bears, in prominent type of uniform size, the word
71	71	"imitation" and immediately thereafter the name of the food
72	72	imitated;
73	73	(d-1) if it is an analogue product of meat, a meat food
74	74	product, poultry, a poultry product, an egg product, or fish,
75	75	unless its label bears in prominent type equal to or greater in size
76	76	than the surrounding type and in close proximity to the name of the
77	77	product one of the following:
78	78	(1) "analogue";
79	79	(2) "meatless";
80	80	(3) "plant-based";
81	81	(4) "made from plants"; or
82	82	(5) a similar qualifying term or disclaimer
83	83	intended to clearly communicate to a consumer the contents of the
84	84	product;
85	85	(e) if its container is so made, formed, or filled as
86	86	to be misleading;
87	87	(f) if in package form unless it bears a label
88	88	containing:
89	89	(1) the name and place of business of the
90	90	manufacturer, packer, or distributor; and
91	91	(2) an accurate statement, in a uniform location
92	92	on the principal display panel of the label, of the quantity of the
93	93	contents in terms of weight, measure, or numerical count; provided,
94	94	that under this subsection reasonable variations shall be
95	95	permitted, and exemptions as to small packages shall be
96	96	established, by department rules;
97	97	(g) if any word, statement, or other information
98	98	required by or under the authority of this chapter to appear on the
99	99	label or labeling is not prominently placed thereon with such
100	100	conspicuousness (as compared with other words, statements,
101	101	designs, or devices in the labeling) and in such terms as to render
102	102	it likely to be read and understood by the ordinary individual under
103	103	customary conditions of purchase and use;
104	104	(h) if it purports to be or is represented as a food
105	105	for which a definition and standard of identity has been prescribed
106	106	by federal regulations or department rules as provided by Section
107	107	431.245, unless:
108	108	(1) it conforms to such definition and standard;
109	109	and
110	110	(2) its label bears the name of the food
111	111	specified in the definition and standard, and, in so far as may be
112	112	required by those regulations or rules, the common names of
113	113	ingredients, other than spices, flavoring, and coloring, present in
114	114	such food;
115	115	(i) if it purports to be or is represented as:
116	116	(1) a food for which a standard of quality has
117	117	been prescribed by federal regulations or department rules as
118	118	provided by Section 431.245, and its quality falls below such
119	119	standard unless its label bears, in such manner and form as those
120	120	regulations or rules specify, a statement that it falls below such
121	121	standard; or
122	122	(2) a food for which a standard or standards of
123	123	fill of container have been prescribed by federal regulations or
124	124	department rules as provided by Section 431.245, and it falls below
125	125	the standard of fill of container applicable thereto, unless its
126	126	label bears, in such manner and form as those regulations or rules
127	127	specify, a statement that it falls below such standard;
128	128	(j) unless its label bears:
129	129	(1) the common or usual name of the food, if any;
130	130	and
131	131	(2) in case it is fabricated from two or more
132	132	ingredients, the common or usual name of each such ingredient, and
133	133	if the food purports to be a beverage containing vegetable or fruit
134	134	juice, a statement with appropriate prominence on the information
135	135	panel of the total percentage of the fruit or vegetable juice
136	136	contained in the food; except that spices, flavorings, and colors
137	137	not required to be certified under Section 721(c) of the federal
138	138	Act, other than those sold as such, may be designated as spices,
139	139	flavorings, and colors, without naming each; provided that, to the
140	140	extent that compliance with the requirements of this subdivision is
141	141	impractical or results in deception or unfair competition,
142	142	exemptions shall be established by department rules;
143	143	(k) if it purports to be or is represented for special
144	144	dietary uses, unless its label bears such information concerning
145	145	its vitamin, mineral, and other dietary properties as the executive
146	146	commissioner determines to be, and by rule prescribed, as necessary
147	147	in order to fully inform purchasers as to its value for such uses;
148	148	(l) if it bears or contains any artificial flavoring,
149	149	artificial coloring, or chemical preservative, unless it bears
150	150	labeling stating that fact; provided that, to the extent that
151	151	compliance with the requirements of this subsection is
152	152	impracticable, exemptions shall be established by department
153	153	rules. The provisions of this subsection and Subsections (h) and
154	154	(j) with respect to artificial coloring do not apply in the case of
155	155	butter, cheese, and ice cream;
156	156	(m) if it is a raw agricultural commodity that is the
157	157	produce of the soil and bears or contains a pesticide chemical
158	158	applied after harvest, unless the shipping container of the
159	159	commodity bears labeling that declares the presence of the chemical
160	160	in or on the commodity and the common or usual name and the function
161	161	of the chemical, except that the declaration is not required while
162	162	the commodity, after removal from the shipping container, is being
163	163	held or displayed for sale at retail out of the container in
164	164	accordance with the custom of the trade;
165	165	(n) if it is a product intended as an ingredient of
166	166	another food and if used according to the directions of the purveyor
167	167	will result in the final food product being adulterated or
168	168	misbranded;
169	169	(o) if it is a color additive, unless its packaging and
170	170	labeling are in conformity with the packaging and labeling
171	171	requirements applicable to the color additive as may be contained
172	172	in regulations issued under Section 721 of the federal Act;
173	173	(p) if its packaging or labeling is in violation of an
174	174	applicable regulation issued under Section 3 or 4 of the federal
175	175	Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473);
176	176	(q)(1) if it is a food intended for human consumption
177	177	and is offered for sale, unless its label or labeling bears
178	178	nutrition information that provides:
179	179	(A)(i) the serving size that is an amount
180	180	customarily consumed and that is expressed in a common household
181	181	measure that is appropriate to the food; or
182	182	(ii) if the use of the food is not
183	183	typically expressed in a serving size, the common household unit of
184	184	measure that expresses the serving size of the food;
185	185	(B) the number of servings or other units of
186	186	measure per container;
187	187	(C) the total number of calories in each
188	188	serving size or other unit of measure that are:
189	189	(i) derived from any source; and
190	190	(ii) derived from fat;
191	191	(D) the amount of total fat, saturated fat,
192	192	cholesterol, sodium, total carbohydrates, complex carbohydrates,
193	193	sugar, dietary fiber, and total protein contained in each serving
194	194	size or other unit of measure; and
195	195	(E) any vitamin, mineral, or other nutrient
196	196	required to be placed on the label and labeling of food under the
197	197	federal Act; or
198	198	(2)(A) if it is a food distributed at retail
199	199	in bulk display cases, or a food received in bulk containers, unless
200	200	it has nutrition labeling prescribed by the secretary; and
201	201	(B) if the secretary determines it is
202	202	necessary, nutrition labeling will be mandatory for raw fruits,
203	203	vegetables, and fish, including freshwater or marine finfish,
204	204	crustaceans, mollusks including shellfish, amphibians, and other
205	205	forms of aquatic animal life, except that:
206	206	(3)(A) Subdivisions (1) and (2) do not
207	207	apply to food:
208	208	(i) that is served in restaurants or
209	209	other establishments in which food is served for immediate human
210	210	consumption or that is sold for sale or use in those establishments;
211	211	(ii) that is processed and prepared
212	212	primarily in a retail establishment, that is ready for human
213	213	consumption, that is of the type described in Subparagraph (i),
214	214	that is offered for sale to consumers but not for immediate human
215	215	consumption in the establishment, and that is not offered for sale
216	216	outside the establishment;
217	217	(iii) that is an infant formula
218	218	subject to Section 412 of the federal Act;
219	219	(iv) that is a medical food as defined
220	220	in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b));
221	221	or
222	222	(v) that is described in Section 405,
223	223	clause (2), of the federal Act;
224	224	(B) Subdivision (1) does not apply to the
225	225	label of a food if the secretary determines by regulation that
226	226	compliance with that subdivision is impracticable because the
227	227	package of the food is too small to comply with the requirements of
228	228	that subdivision and if the label of that food does not contain any
229	229	nutrition information;
230	230	(C) if the secretary determines that a food
231	231	contains insignificant amounts of all the nutrients required by
232	232	Subdivision (1) to be listed in the label or labeling of food, the
233	233	requirements of Subdivision (1) do not apply to the food if the
234	234	label, labeling, or advertising of the food does not make any claim
235	235	with respect to the nutritional value of the food, provided that if
236	236	the secretary determines that a food contains insignificant amounts
237	237	of more than half the nutrients required by Subdivision (1) to be in
238	238	the label or labeling of the food, the amounts of those nutrients
239	239	shall be stated in a simplified form prescribed by the secretary;
240	240	(D) if a person offers food for sale and has
241	241	annual gross sales made or business done in sales to consumers that
242	242	is not more than $500,000 or has annual gross sales made or business
243	243	done in sales of food to consumers that is not more than $50,000,
244	244	the requirements of this subsection do not apply to food sold by
245	245	that person to consumers unless the label or labeling of food
246	246	offered by that person provides nutrition information or makes a
247	247	nutrition claim;
248	248	(E) if foods are subject to Section 411 of
249	249	the federal Act, the foods shall comply with Subdivisions (1) and
250	250	(2) in a manner prescribed by the rules; and
251	251	(F) if food is sold by a food distributor,
252	252	Subdivisions (1) and (2) do not apply if the food distributor
253	253	principally sells food to restaurants or other establishments in
254	254	which food is served for immediate human consumption and the food
255	255	distributor does not manufacture, process, or repackage the food it
256	256	sells;
257	257	(r) if it is a food intended for human consumption and
258	258	is offered for sale, and a claim is made on the label, labeling, or
259	259	retail display relating to the nutrient content or a nutritional
260	260	quality of the food to a specific disease or condition of the human
261	261	body, except as permitted by Section 403(r) of the federal Act; or
262	262	(s) if it is a food intended for human consumption and
263	263	its label, labeling, and retail display do not comply with the
264	264	requirements of Section 403(r) of the federal Act pertaining to
265	265	nutrient content and health claims.
266	266	SECTION 3. Subchapter C, Chapter 433, Health and Safety
267	267	Code, is amended by adding Section 433.0415 to read as follows:
268	268	Sec. 433.0415. LABELING CELL-CULTURED PRODUCT. (a) In
269	269	this section:
270	270	(1) "Cell-cultured product" has the meaning assigned
271	271	by Section 431.0805.
272	272	(2) "Close proximity" means:
273	273	(A) immediately before or after the name of the
274	274	product;
275	275	(B) in the line of the label immediately before
276	276	or after the line containing the name of the product; or
277	277	(C) within the same phrase or sentence containing
278	278	the name of the product.
279	279	(b) A cell-cultured product must be labeled in prominent
280	280	type equal to or greater in size than the surrounding type and in
281	281	close proximity to the name of the product using one of the
282	282	following:
283	283	(1) "cell-cultured";
284	284	(2) "lab-grown"; or
285	285	(3) a similar qualifying term or disclaimer intended
286	286	to clearly communicate to a consumer the contents of the product.
287	287	(c) The provisions of this subchapter apply to a
288	288	cell-cultured product, as applicable.
289	289	SECTION 4. As soon as practicable after the effective date
290	290	of this Act, the executive commissioner of the Health and Human
291	291	Services Commission shall adopt any rules necessary to implement
292	292	the changes in law made by this Act.
293	293	SECTION 5. This Act takes effect September 1, 2023.