Texas 2023 - 88th Regular

Texas Senate Bill SB664 Compare Versions

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1	1	S.B. No. 664
2	2
3	3
4	4	AN ACT
5	5	relating to the labeling of analogue and cell-cultured products.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subchapter D, Chapter 431, Health and Safety
8	8	Code, is amended by adding Section 431.0805 to read as follows:
9	9	Sec. 431.0805. DEFINITIONS. In this subchapter:
10	10	(1) "Analogue product" means a food product derived by
11	11	combining processed plant products, insects, or fungus with food
12	12	additives to approximate the texture, flavor, appearance, or other
13	13	aesthetic qualities or the chemical characteristics of any specific
14	14	type of egg, egg product, fish, meat, meat food product, poultry, or
15	15	poultry product.
16	16	(2) "Cell-cultured product" means a food product
17	17	derived by harvesting animal cells and artificially replicating
18	18	those cells in a growth medium in a laboratory to produce tissue.
19	19	(3) "Close proximity" means:
20	20	(A) immediately before or after the name of the
21	21	product;
22	22	(B) in the line of the label immediately before
23	23	or after the line containing the name of the product; or
24	24	(C) within the same phrase or sentence containing
25	25	the name of the product.
26	26	(4) "Egg" has the meaning assigned by Section 4(g),
27	27	Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term
28	28	does not include an analogue product or a cell-cultured product.
29	29	(5) "Egg product" has the meaning assigned by Section
30	30	4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The
31	31	term does not include an analogue product or a cell-cultured
32	32	product.
33	33	(6) "Fish" has the meaning assigned by Section 403 of
34	34	the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not
35	35	include an analogue product or a cell-cultured product.
36	36	(7) "Meat" has the meaning assigned by 9 C.F.R.
37	37	Section 301.2. The term does not include an analogue product or a
38	38	cell-cultured product.
39	39	(8) "Meat food product" has the meaning assigned by
40	40	Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section
41	41	601(j)). The term does not include an analogue product or a
42	42	cell-cultured product.
43	43	(9) "Poultry" has the meaning assigned by Section
44	44	4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).
45	45	The term does not include an analogue product or a cell-cultured
46	46	product.
47	47	(10) "Poultry product" has the meaning assigned by
48	48	Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section
49	49	453(f)). The term does not include an analogue product or a
50	50	cell-cultured product.
51	51	SECTION 2. Section 431.082, Health and Safety Code, is
52	52	amended to read as follows:
53	53	Sec. 431.082. MISBRANDED FOOD. A food shall be deemed to be
54	54	misbranded:
55	55	(a) if its labeling is false or misleading in any
56	56	particular or fails to conform with the requirements of Section
57	57	431.181;
58	58	(b) if, in the case of a food to which Section 411 of
59	59	the federal Act applies, its advertising is false or misleading in a
60	60	material respect or its labeling is in violation of Section
61	61	411(b)(2) of the federal Act;
62	62	(c) if it is offered for sale under the name of another
63	63	food;
64	64	(d) if it is an imitation of another food, unless its
65	65	label bears, in prominent type of uniform size, the word
66	66	"imitation" and immediately thereafter the name of the food
67	67	imitated;
68	68	(d-1) if it is an analogue product of meat, a meat food
69	69	product, poultry, a poultry product, an egg product, or fish,
70	70	unless its label bears in prominent type equal to or greater in size
71	71	than the surrounding type and in close proximity to the name of the
72	72	product one of the following:
73	73	(1) "analogue";
74	74	(2) "meatless";
75	75	(3) "plant-based";
76	76	(4) "made from plants"; or
77	77	(5) a similar qualifying term or disclaimer
78	78	intended to clearly communicate to a consumer the contents of the
79	79	product;
80	80	(e) if its container is so made, formed, or filled as
81	81	to be misleading;
82	82	(f) if in package form unless it bears a label
83	83	containing:
84	84	(1) the name and place of business of the
85	85	manufacturer, packer, or distributor; and
86	86	(2) an accurate statement, in a uniform location
87	87	on the principal display panel of the label, of the quantity of the
88	88	contents in terms of weight, measure, or numerical count; provided,
89	89	that under this subsection reasonable variations shall be
90	90	permitted, and exemptions as to small packages shall be
91	91	established, by department rules;
92	92	(g) if any word, statement, or other information
93	93	required by or under the authority of this chapter to appear on the
94	94	label or labeling is not prominently placed thereon with such
95	95	conspicuousness (as compared with other words, statements,
96	96	designs, or devices in the labeling) and in such terms as to render
97	97	it likely to be read and understood by the ordinary individual under
98	98	customary conditions of purchase and use;
99	99	(h) if it purports to be or is represented as a food
100	100	for which a definition and standard of identity has been prescribed
101	101	by federal regulations or department rules as provided by Section
102	102	431.245, unless:
103	103	(1) it conforms to such definition and standard;
104	104	and
105	105	(2) its label bears the name of the food
106	106	specified in the definition and standard, and, in so far as may be
107	107	required by those regulations or rules, the common names of
108	108	ingredients, other than spices, flavoring, and coloring, present in
109	109	such food;
110	110	(i) if it purports to be or is represented as:
111	111	(1) a food for which a standard of quality has
112	112	been prescribed by federal regulations or department rules as
113	113	provided by Section 431.245, and its quality falls below such
114	114	standard unless its label bears, in such manner and form as those
115	115	regulations or rules specify, a statement that it falls below such
116	116	standard; or
117	117	(2) a food for which a standard or standards of
118	118	fill of container have been prescribed by federal regulations or
119	119	department rules as provided by Section 431.245, and it falls below
120	120	the standard of fill of container applicable thereto, unless its
121	121	label bears, in such manner and form as those regulations or rules
122	122	specify, a statement that it falls below such standard;
123	123	(j) unless its label bears:
124	124	(1) the common or usual name of the food, if any;
125	125	and
126	126	(2) in case it is fabricated from two or more
127	127	ingredients, the common or usual name of each such ingredient, and
128	128	if the food purports to be a beverage containing vegetable or fruit
129	129	juice, a statement with appropriate prominence on the information
130	130	panel of the total percentage of the fruit or vegetable juice
131	131	contained in the food; except that spices, flavorings, and colors
132	132	not required to be certified under Section 721(c) of the federal
133	133	Act, other than those sold as such, may be designated as spices,
134	134	flavorings, and colors, without naming each; provided that, to the
135	135	extent that compliance with the requirements of this subdivision is
136	136	impractical or results in deception or unfair competition,
137	137	exemptions shall be established by department rules;
138	138	(k) if it purports to be or is represented for special
139	139	dietary uses, unless its label bears such information concerning
140	140	its vitamin, mineral, and other dietary properties as the executive
141	141	commissioner determines to be, and by rule prescribed, as necessary
142	142	in order to fully inform purchasers as to its value for such uses;
143	143	(l) if it bears or contains any artificial flavoring,
144	144	artificial coloring, or chemical preservative, unless it bears
145	145	labeling stating that fact; provided that, to the extent that
146	146	compliance with the requirements of this subsection is
147	147	impracticable, exemptions shall be established by department
148	148	rules. The provisions of this subsection and Subsections (h) and
149	149	(j) with respect to artificial coloring do not apply in the case of
150	150	butter, cheese, and ice cream;
151	151	(m) if it is a raw agricultural commodity that is the
152	152	produce of the soil and bears or contains a pesticide chemical
153	153	applied after harvest, unless the shipping container of the
154	154	commodity bears labeling that declares the presence of the chemical
155	155	in or on the commodity and the common or usual name and the function
156	156	of the chemical, except that the declaration is not required while
157	157	the commodity, after removal from the shipping container, is being
158	158	held or displayed for sale at retail out of the container in
159	159	accordance with the custom of the trade;
160	160	(n) if it is a product intended as an ingredient of
161	161	another food and if used according to the directions of the purveyor
162	162	will result in the final food product being adulterated or
163	163	misbranded;
164	164	(o) if it is a color additive, unless its packaging and
165	165	labeling are in conformity with the packaging and labeling
166	166	requirements applicable to the color additive as may be contained
167	167	in regulations issued under Section 721 of the federal Act;
168	168	(p) if its packaging or labeling is in violation of an
169	169	applicable regulation issued under Section 3 or 4 of the federal
170	170	Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473);
171	171	(q)(1) if it is a food intended for human consumption
172	172	and is offered for sale, unless its label or labeling bears
173	173	nutrition information that provides:
174	174	(A)(i) the serving size that is an amount
175	175	customarily consumed and that is expressed in a common household
176	176	measure that is appropriate to the food; or
177	177	(ii) if the use of the food is not
178	178	typically expressed in a serving size, the common household unit of
179	179	measure that expresses the serving size of the food;
180	180	(B) the number of servings or other units of
181	181	measure per container;
182	182	(C) the total number of calories in each
183	183	serving size or other unit of measure that are:
184	184	(i) derived from any source; and
185	185	(ii) derived from fat;
186	186	(D) the amount of total fat, saturated fat,
187	187	cholesterol, sodium, total carbohydrates, complex carbohydrates,
188	188	sugar, dietary fiber, and total protein contained in each serving
189	189	size or other unit of measure; and
190	190	(E) any vitamin, mineral, or other nutrient
191	191	required to be placed on the label and labeling of food under the
192	192	federal Act; or
193	193	(2)(A) if it is a food distributed at retail
194	194	in bulk display cases, or a food received in bulk containers, unless
195	195	it has nutrition labeling prescribed by the secretary; and
196	196	(B) if the secretary determines it is
197	197	necessary, nutrition labeling will be mandatory for raw fruits,
198	198	vegetables, and fish, including freshwater or marine finfish,
199	199	crustaceans, mollusks including shellfish, amphibians, and other
200	200	forms of aquatic animal life, except that:
201	201	(3)(A) Subdivisions (1) and (2) do not
202	202	apply to food:
203	203	(i) that is served in restaurants or
204	204	other establishments in which food is served for immediate human
205	205	consumption or that is sold for sale or use in those establishments;
206	206	(ii) that is processed and prepared
207	207	primarily in a retail establishment, that is ready for human
208	208	consumption, that is of the type described in Subparagraph (i),
209	209	that is offered for sale to consumers but not for immediate human
210	210	consumption in the establishment, and that is not offered for sale
211	211	outside the establishment;
212	212	(iii) that is an infant formula
213	213	subject to Section 412 of the federal Act;
214	214	(iv) that is a medical food as defined
215	215	in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b));
216	216	or
217	217	(v) that is described in Section 405,
218	218	clause (2), of the federal Act;
219	219	(B) Subdivision (1) does not apply to the
220	220	label of a food if the secretary determines by regulation that
221	221	compliance with that subdivision is impracticable because the
222	222	package of the food is too small to comply with the requirements of
223	223	that subdivision and if the label of that food does not contain any
224	224	nutrition information;
225	225	(C) if the secretary determines that a food
226	226	contains insignificant amounts of all the nutrients required by
227	227	Subdivision (1) to be listed in the label or labeling of food, the
228	228	requirements of Subdivision (1) do not apply to the food if the
229	229	label, labeling, or advertising of the food does not make any claim
230	230	with respect to the nutritional value of the food, provided that if
231	231	the secretary determines that a food contains insignificant amounts
232	232	of more than half the nutrients required by Subdivision (1) to be in
233	233	the label or labeling of the food, the amounts of those nutrients
234	234	shall be stated in a simplified form prescribed by the secretary;
235	235	(D) if a person offers food for sale and has
236	236	annual gross sales made or business done in sales to consumers that
237	237	is not more than $500,000 or has annual gross sales made or business
238	238	done in sales of food to consumers that is not more than $50,000,
239	239	the requirements of this subsection do not apply to food sold by
240	240	that person to consumers unless the label or labeling of food
241	241	offered by that person provides nutrition information or makes a
242	242	nutrition claim;
243	243	(E) if foods are subject to Section 411 of
244	244	the federal Act, the foods shall comply with Subdivisions (1) and
245	245	(2) in a manner prescribed by the rules; and
246	246	(F) if food is sold by a food distributor,
247	247	Subdivisions (1) and (2) do not apply if the food distributor
248	248	principally sells food to restaurants or other establishments in
249	249	which food is served for immediate human consumption and the food
250	250	distributor does not manufacture, process, or repackage the food it
251	251	sells;
252	252	(r) if it is a food intended for human consumption and
253	253	is offered for sale, and a claim is made on the label, labeling, or
254	254	retail display relating to the nutrient content or a nutritional
255	255	quality of the food to a specific disease or condition of the human
256	256	body, except as permitted by Section 403(r) of the federal Act; or
257	257	(s) if it is a food intended for human consumption and
258	258	its label, labeling, and retail display do not comply with the
259	259	requirements of Section 403(r) of the federal Act pertaining to
260	260	nutrient content and health claims.
261	261	SECTION 3. Subchapter C, Chapter 433, Health and Safety
262	262	Code, is amended by adding Section 433.0415 to read as follows:
263	263	Sec. 433.0415. LABELING CELL-CULTURED PRODUCT. (a) In
264	264	this section:
265	265	(1) "Cell-cultured product" has the meaning assigned
266	266	by Section 431.0805.
267	267	(2) "Close proximity" means:
268	268	(A) immediately before or after the name of the
269	269	product;
270	270	(B) in the line of the label immediately before
271	271	or after the line containing the name of the product; or
272	272	(C) within the same phrase or sentence containing
273	273	the name of the product.
274	274	(b) A cell-cultured product must be labeled in prominent
275	275	type equal to or greater in size than the surrounding type and in
276	276	close proximity to the name of the product using one of the
277	277	following:
278	278	(1) "cell-cultured";
279	279	(2) "lab-grown"; or
280	280	(3) a similar qualifying term or disclaimer intended
281	281	to clearly communicate to a consumer the contents of the product.
282	282	(c) The provisions of this subchapter apply to a
283	283	cell-cultured product, as applicable.
284	284	SECTION 4. As soon as practicable after the effective date
285	285	of this Act, the executive commissioner of the Health and Human
286	286	Services Commission shall adopt any rules necessary to implement
287	287	the changes in law made by this Act.
288	288	SECTION 5. This Act takes effect September 1, 2023.
289	289	______________________________ ______________________________
290	290	President of the Senate Speaker of the House
291	291	I hereby certify that S.B. No. 664 passed the Senate on
292	292	April 20, 2023, by the following vote: Yeas 31, Nays 0.
293	293	______________________________
294	294	Secretary of the Senate
295	295	I hereby certify that S.B. No. 664 passed the House on
296	296	May 2, 2023, by the following vote: Yeas 140, Nays 0, one present
297	297	not voting.
298	298	______________________________
299	299	Chief Clerk of the House
300	300	Approved:
301	301	______________________________
302	302	Date
303	303	______________________________
304	304	Governor