| 1 | 1 | | 89R4500 SRA-F |
|---|
| 2 | 2 | | By: Gerdes H.B. No. 1431 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the prohibited manufacture, processing, possession, |
|---|
| 10 | 10 | | distribution, offer for sale, and sale of cell-cultured protein. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 431.002, Health and Safety Code, is |
|---|
| 13 | 13 | | amended by adding Subdivision (5-a) to read as follows: |
|---|
| 14 | 14 | | (5-a) "Cell-cultured protein" means a food product |
|---|
| 15 | 15 | | derived from harvesting animal cells and artificially replicating |
|---|
| 16 | 16 | | those cells in a growth medium to produce tissue. |
|---|
| 17 | 17 | | SECTION 2. Section 431.021, Health and Safety Code, is |
|---|
| 18 | 18 | | amended to read as follows: |
|---|
| 19 | 19 | | Sec. 431.021. PROHIBITED ACTS. The following acts and the |
|---|
| 20 | 20 | | causing of the following acts within this state are unlawful and |
|---|
| 21 | 21 | | prohibited: |
|---|
| 22 | 22 | | (a) the introduction or delivery for introduction into |
|---|
| 23 | 23 | | commerce of any food, drug, device, or cosmetic that is adulterated |
|---|
| 24 | 24 | | or misbranded; |
|---|
| 25 | 25 | | (b) the adulteration or misbranding of any food, drug, |
|---|
| 26 | 26 | | device, or cosmetic in commerce; |
|---|
| 27 | 27 | | (c) the receipt in commerce of any food, drug, device, or |
|---|
| 28 | 28 | | cosmetic that is adulterated or misbranded, and the delivery or |
|---|
| 29 | 29 | | proffered delivery thereof for pay or otherwise; |
|---|
| 30 | 30 | | (d) the distribution in commerce of a consumer commodity, if |
|---|
| 31 | 31 | | such commodity is contained in a package, or if there is affixed to |
|---|
| 32 | 32 | | that commodity a label that does not conform to the provisions of |
|---|
| 33 | 33 | | this chapter and of rules adopted under the authority of this |
|---|
| 34 | 34 | | chapter; provided, however, that this prohibition shall not apply |
|---|
| 35 | 35 | | to persons engaged in business as wholesale or retail distributors |
|---|
| 36 | 36 | | of consumer commodities except to the extent that such persons: |
|---|
| 37 | 37 | | (1) are engaged in the packaging or labeling of such |
|---|
| 38 | 38 | | commodities; or |
|---|
| 39 | 39 | | (2) prescribe or specify by any means the manner in |
|---|
| 40 | 40 | | which such commodities are packaged or labeled; |
|---|
| 41 | 41 | | (e) the introduction or delivery for introduction into |
|---|
| 42 | 42 | | commerce of any article in violation of Section 431.084, 431.114, |
|---|
| 43 | 43 | | or 431.115; |
|---|
| 44 | 44 | | (f) the dissemination of any false advertisement; |
|---|
| 45 | 45 | | (g) the refusal to permit entry or inspection, or to permit |
|---|
| 46 | 46 | | the taking of a sample or to permit access to or copying of any |
|---|
| 47 | 47 | | record as authorized by Sections 431.042-431.044; or the failure to |
|---|
| 48 | 48 | | establish or maintain any record or make any report required under |
|---|
| 49 | 49 | | Section 512(j), (l), or (m) of the federal Act, or the refusal to |
|---|
| 50 | 50 | | permit access to or verification or copying of any such required |
|---|
| 51 | 51 | | record; |
|---|
| 52 | 52 | | (h) the manufacture within this state of any food, drug, |
|---|
| 53 | 53 | | device, or cosmetic that is adulterated or misbranded; |
|---|
| 54 | 54 | | (i) the giving of a guaranty or undertaking referred to in |
|---|
| 55 | 55 | | Section 431.059, which guaranty or undertaking is false, except by |
|---|
| 56 | 56 | | a person who relied on a guaranty or undertaking to the same effect |
|---|
| 57 | 57 | | signed by, and containing the name and address of the person |
|---|
| 58 | 58 | | residing in this state from whom the person received in good faith |
|---|
| 59 | 59 | | the food, drug, device, or cosmetic; or the giving of a guaranty or |
|---|
| 60 | 60 | | undertaking referred to in Section 431.059, which guaranty or |
|---|
| 61 | 61 | | undertaking is false; |
|---|
| 62 | 62 | | (j) the use, removal, or disposal of a detained or embargoed |
|---|
| 63 | 63 | | article in violation of Section 431.048; |
|---|
| 64 | 64 | | (k) the alteration, mutilation, destruction, obliteration, |
|---|
| 65 | 65 | | or removal of the whole or any part of the labeling of, or the doing |
|---|
| 66 | 66 | | of any other act with respect to a food, drug, device, or cosmetic, |
|---|
| 67 | 67 | | if such act is done while such article is held for sale after |
|---|
| 68 | 68 | | shipment in commerce and results in such article being adulterated |
|---|
| 69 | 69 | | or misbranded; |
|---|
| 70 | 70 | | (l)(1) forging, counterfeiting, simulating, or falsely |
|---|
| 71 | 71 | | representing, or without proper authority using any mark, stamp, |
|---|
| 72 | 72 | | tag, label, or other identification device authorized or required |
|---|
| 73 | 73 | | by rules adopted under this chapter or the regulations promulgated |
|---|
| 74 | 74 | | under the provisions of the federal Act; |
|---|
| 75 | 75 | | (2) making, selling, disposing of, or keeping in |
|---|
| 76 | 76 | | possession, control, or custody, or concealing any punch, die, |
|---|
| 77 | 77 | | plate, stone, or other thing designed to print, imprint, or |
|---|
| 78 | 78 | | reproduce the trademark, trade name, or other identifying mark, |
|---|
| 79 | 79 | | imprint, or device of another or any likeness of any of the |
|---|
| 80 | 80 | | foregoing on any drug or container or labeling thereof so as to |
|---|
| 81 | 81 | | render such drug a counterfeit drug; |
|---|
| 82 | 82 | | (3) the doing of any act that causes a drug to be a |
|---|
| 83 | 83 | | counterfeit drug, or the sale or dispensing, or the holding for sale |
|---|
| 84 | 84 | | or dispensing, of a counterfeit drug; |
|---|
| 85 | 85 | | (m) the using by any person to the person's own advantage, |
|---|
| 86 | 86 | | or revealing, other than to the department, to a health authority, |
|---|
| 87 | 87 | | or to the courts when relevant in any judicial proceeding under this |
|---|
| 88 | 88 | | chapter, of any information acquired under the authority of this |
|---|
| 89 | 89 | | chapter concerning any method or process that as a trade secret is |
|---|
| 90 | 90 | | entitled to protection; |
|---|
| 91 | 91 | | (n) the using, on the labeling of any drug or device or in |
|---|
| 92 | 92 | | any advertising relating to such drug or device, of any |
|---|
| 93 | 93 | | representation or suggestion that approval of an application with |
|---|
| 94 | 94 | | respect to such drug or device is in effect under Section 431.114 or |
|---|
| 95 | 95 | | Section 505, 515, or 520(g) of the federal Act, as the case may be, |
|---|
| 96 | 96 | | or that such drug or device complies with the provisions of such |
|---|
| 97 | 97 | | sections; |
|---|
| 98 | 98 | | (o) the using, in labeling, advertising or other sales |
|---|
| 99 | 99 | | promotion of any reference to any report or analysis furnished in |
|---|
| 100 | 100 | | compliance with Sections 431.042-431.044 or Section 704 of the |
|---|
| 101 | 101 | | federal Act; |
|---|
| 102 | 102 | | (p) in the case of a prescription drug distributed or |
|---|
| 103 | 103 | | offered for sale in this state, the failure of the manufacturer, |
|---|
| 104 | 104 | | packer, or distributor of the drug to maintain for transmittal, or |
|---|
| 105 | 105 | | to transmit, to any practitioner licensed by applicable law to |
|---|
| 106 | 106 | | administer such drug who makes written request for information as |
|---|
| 107 | 107 | | to such drug, true and correct copies of all printed matter that is |
|---|
| 108 | 108 | | required to be included in any package in which that drug is |
|---|
| 109 | 109 | | distributed or sold, or such other printed matter as is approved |
|---|
| 110 | 110 | | under the federal Act. Nothing in this subsection shall be |
|---|
| 111 | 111 | | construed to exempt any person from any labeling requirement |
|---|
| 112 | 112 | | imposed by or under other provisions of this chapter; |
|---|
| 113 | 113 | | (q)(1) placing or causing to be placed on any drug or device |
|---|
| 114 | 114 | | or container of any drug or device, with intent to defraud, the |
|---|
| 115 | 115 | | trade name or other identifying mark, or imprint of another or any |
|---|
| 116 | 116 | | likeness of any of the foregoing; |
|---|
| 117 | 117 | | (2) selling, dispensing, disposing of or causing to be |
|---|
| 118 | 118 | | sold, dispensed, or disposed of, or concealing or keeping in |
|---|
| 119 | 119 | | possession, control, or custody, with intent to sell, dispense, or |
|---|
| 120 | 120 | | dispose of, any drug, device, or any container of any drug or |
|---|
| 121 | 121 | | device, with knowledge that the trade name or other identifying |
|---|
| 122 | 122 | | mark or imprint of another or any likeness of any of the foregoing |
|---|
| 123 | 123 | | has been placed thereon in a manner prohibited by Subdivision (1); |
|---|
| 124 | 124 | | or |
|---|
| 125 | 125 | | (3) making, selling, disposing of, causing to be made, |
|---|
| 126 | 126 | | sold, or disposed of, keeping in possession, control, or custody, |
|---|
| 127 | 127 | | or concealing with intent to defraud any punch, die, plate, stone, |
|---|
| 128 | 128 | | or other thing designed to print, imprint, or reproduce the |
|---|
| 129 | 129 | | trademark, trade name, or other identifying mark, imprint, or |
|---|
| 130 | 130 | | device of another or any likeness of any of the foregoing on any |
|---|
| 131 | 131 | | drug or container or labeling of any drug or container so as to |
|---|
| 132 | 132 | | render such drug a counterfeit drug; |
|---|
| 133 | 133 | | (r) dispensing or causing to be dispensed a different drug |
|---|
| 134 | 134 | | in place of the drug ordered or prescribed without the express |
|---|
| 135 | 135 | | permission in each case of the person ordering or prescribing; |
|---|
| 136 | 136 | | (s) the failure to register in accordance with Section 510 |
|---|
| 137 | 137 | | of the federal Act, the failure to provide any information required |
|---|
| 138 | 138 | | by Section 510(j) or (k) of the federal Act, or the failure to |
|---|
| 139 | 139 | | provide a notice required by Section 510(j)(2) of the federal Act; |
|---|
| 140 | 140 | | (t)(1) the failure or refusal to: |
|---|
| 141 | 141 | | (A) comply with any requirement prescribed under |
|---|
| 142 | 142 | | Section 518 or 520(g) of the federal Act; or |
|---|
| 143 | 143 | | (B) furnish any notification or other material or |
|---|
| 144 | 144 | | information required by or under Section 519 or 520(g) of the |
|---|
| 145 | 145 | | federal Act; |
|---|
| 146 | 146 | | (2) with respect to any device, the submission of any |
|---|
| 147 | 147 | | report that is required by or under this chapter that is false or |
|---|
| 148 | 148 | | misleading in any material respect; |
|---|
| 149 | 149 | | (u) the movement of a device in violation of an order under |
|---|
| 150 | 150 | | Section 304(g) of the federal Act or the removal or alteration of |
|---|
| 151 | 151 | | any mark or label required by the order to identify the device as |
|---|
| 152 | 152 | | detained; |
|---|
| 153 | 153 | | (v) the failure to provide the notice required by Section |
|---|
| 154 | 154 | | 412(b) or 412(c), the failure to make the reports required by |
|---|
| 155 | 155 | | Section 412(d)(1)(B), or the failure to meet the requirements |
|---|
| 156 | 156 | | prescribed under Section 412(d)(2) of the federal Act; |
|---|
| 157 | 157 | | (w) except as provided under Subchapter M of this chapter |
|---|
| 158 | 158 | | and Section 562.1085, Occupations Code, the acceptance by a person |
|---|
| 159 | 159 | | of an unused prescription or drug, in whole or in part, for the |
|---|
| 160 | 160 | | purpose of resale, after the prescription or drug has been |
|---|
| 161 | 161 | | originally dispensed, or sold; |
|---|
| 162 | 162 | | (x) engaging in the wholesale distribution of drugs or |
|---|
| 163 | 163 | | operating as a distributor or manufacturer of devices in this state |
|---|
| 164 | 164 | | without obtaining a license issued by the department under |
|---|
| 165 | 165 | | Subchapter I, L, or N, as applicable; |
|---|
| 166 | 166 | | (y) engaging in the manufacture of food in this state or |
|---|
| 167 | 167 | | operating as a warehouse operator in this state without having a |
|---|
| 168 | 168 | | license as required by Section 431.222 or operating as a food |
|---|
| 169 | 169 | | wholesaler in this state without having a license under Section |
|---|
| 170 | 170 | | 431.222 or being registered under Section 431.2211, as appropriate; |
|---|
| 171 | 171 | | (z) unless approved by the United States Food and Drug |
|---|
| 172 | 172 | | Administration pursuant to the federal Act, the sale, delivery, |
|---|
| 173 | 173 | | holding, or offering for sale of a self-testing kit designed to |
|---|
| 174 | 174 | | indicate whether a person has a human immunodeficiency virus |
|---|
| 175 | 175 | | infection, acquired immune deficiency syndrome, or a related |
|---|
| 176 | 176 | | disorder or condition; |
|---|
| 177 | 177 | | (aa) making a false statement or false representation in an |
|---|
| 178 | 178 | | application for a license or in a statement, report, or other |
|---|
| 179 | 179 | | instrument to be filed with or requested by the department under |
|---|
| 180 | 180 | | this chapter; |
|---|
| 181 | 181 | | (bb) failing to comply with a requirement or request to |
|---|
| 182 | 182 | | provide information or failing to submit an application, statement, |
|---|
| 183 | 183 | | report, or other instrument required by the department; |
|---|
| 184 | 184 | | (cc) performing, causing the performance of, or aiding and |
|---|
| 185 | 185 | | abetting the performance of an act described by Subsection (x); |
|---|
| 186 | 186 | | (dd) purchasing or otherwise receiving a prescription drug |
|---|
| 187 | 187 | | from a pharmacy in violation of Section 431.411(a); |
|---|
| 188 | 188 | | (ee) selling, distributing, or transferring a prescription |
|---|
| 189 | 189 | | drug to a person who is not authorized under state or federal law to |
|---|
| 190 | 190 | | receive the prescription drug in violation of Section 431.411(b); |
|---|
| 191 | 191 | | (ff) failing to deliver prescription drugs to specified |
|---|
| 192 | 192 | | premises as required by Section 431.411(c); |
|---|
| 193 | 193 | | (gg) failing to maintain or provide pedigrees as required by |
|---|
| 194 | 194 | | Section 431.412 or 431.413; |
|---|
| 195 | 195 | | (hh) failing to obtain, pass, or authenticate a pedigree as |
|---|
| 196 | 196 | | required by Section 431.412 or 431.413; |
|---|
| 197 | 197 | | (ii) the introduction or delivery for introduction into |
|---|
| 198 | 198 | | commerce of a drug or prescription device at a flea market; |
|---|
| 199 | 199 | | (jj) the receipt of a prescription drug that is adulterated, |
|---|
| 200 | 200 | | misbranded, stolen, obtained by fraud or deceit, counterfeit, or |
|---|
| 201 | 201 | | suspected of being counterfeit, and the delivery or proffered |
|---|
| 202 | 202 | | delivery of such a drug for payment or otherwise; [or] |
|---|
| 203 | 203 | | (kk) the alteration, mutilation, destruction, |
|---|
| 204 | 204 | | obliteration, or removal of all or any part of the labeling of a |
|---|
| 205 | 205 | | prescription drug or the commission of any other act with respect to |
|---|
| 206 | 206 | | a prescription drug that results in the prescription drug being |
|---|
| 207 | 207 | | misbranded; or |
|---|
| 208 | 208 | | (ll) the manufacture, processing, possession, |
|---|
| 209 | 209 | | distribution, offer for sale, or sale of cell-cultured protein. |
|---|
| 210 | 210 | | SECTION 3. Section 431.081, Health and Safety Code, is |
|---|
| 211 | 211 | | amended to read as follows: |
|---|
| 212 | 212 | | Sec. 431.081. ADULTERATED FOOD. A food shall be deemed to |
|---|
| 213 | 213 | | be adulterated: |
|---|
| 214 | 214 | | (a) if: |
|---|
| 215 | 215 | | (1) it bears or contains any poisonous or deleterious |
|---|
| 216 | 216 | | substance which may render it injurious to health; but in case the |
|---|
| 217 | 217 | | substance is not an added substance the food shall not be considered |
|---|
| 218 | 218 | | adulterated under this subdivision if the quantity of the substance |
|---|
| 219 | 219 | | in the food does not ordinarily render it injurious to health; |
|---|
| 220 | 220 | | (2) it: |
|---|
| 221 | 221 | | (A) bears or contains any added poisonous or |
|---|
| 222 | 222 | | added deleterious substance, other than one that is a pesticide |
|---|
| 223 | 223 | | chemical in or on a raw agricultural commodity, a food additive, a |
|---|
| 224 | 224 | | color additive, or a new animal drug which is unsafe within the |
|---|
| 225 | 225 | | meaning of Section 431.161; |
|---|
| 226 | 226 | | (B) is a raw agricultural commodity and it bears |
|---|
| 227 | 227 | | or contains a pesticide chemical which is unsafe within the meaning |
|---|
| 228 | 228 | | of Section 431.161(a); |
|---|
| 229 | 229 | | (C) is, or it bears or contains, any food |
|---|
| 230 | 230 | | additive which is unsafe within the meaning of Section 431.161(a); |
|---|
| 231 | 231 | | provided, that where a pesticide chemical has been used in or on a |
|---|
| 232 | 232 | | raw agricultural commodity in conformity with an exemption granted |
|---|
| 233 | 233 | | or a tolerance prescribed under Section 431.161(a), and such raw |
|---|
| 234 | 234 | | agricultural commodity has been subjected to processing such as |
|---|
| 235 | 235 | | canning, cooking, freezing, dehydrating, or milling, the residue of |
|---|
| 236 | 236 | | such pesticide chemical remaining in or on such processed food |
|---|
| 237 | 237 | | shall, notwithstanding the provisions of Section 431.161 and |
|---|
| 238 | 238 | | Section 409 of the federal Act, not be deemed unsafe if such residue |
|---|
| 239 | 239 | | in or on the raw agricultural commodity has been removed to the |
|---|
| 240 | 240 | | extent possible in good manufacturing practice, and the |
|---|
| 241 | 241 | | concentration of such residue in the processed food, when ready to |
|---|
| 242 | 242 | | eat, is not greater than the tolerance prescribed for the raw |
|---|
| 243 | 243 | | agricultural commodity; or |
|---|
| 244 | 244 | | (D) is, or it bears or contains, a new animal |
|---|
| 245 | 245 | | drug, or a conversion product of a new animal drug, that is unsafe |
|---|
| 246 | 246 | | under Section 512 of the federal Act; |
|---|
| 247 | 247 | | (3) it consists in whole or in part of a diseased, |
|---|
| 248 | 248 | | contaminated, filthy, putrid, or decomposed substance, or if it is |
|---|
| 249 | 249 | | otherwise unfit for foods; |
|---|
| 250 | 250 | | (4) it has been produced, prepared, packed or held |
|---|
| 251 | 251 | | under unsanitary conditions whereby it may have become contaminated |
|---|
| 252 | 252 | | with filth, or whereby it may have been rendered diseased, |
|---|
| 253 | 253 | | unwholesome, or injurious to health; |
|---|
| 254 | 254 | | (5) it is, in whole or in part, the product of a |
|---|
| 255 | 255 | | diseased animal, an animal which has died otherwise than by |
|---|
| 256 | 256 | | slaughter, or an animal that has been fed upon the uncooked offal |
|---|
| 257 | 257 | | from a slaughterhouse; |
|---|
| 258 | 258 | | (6) its container is composed, in whole or in part, of |
|---|
| 259 | 259 | | any poisonous or deleterious substance which may render the |
|---|
| 260 | 260 | | contents injurious to health; [or] |
|---|
| 261 | 261 | | (7) it has been intentionally subjected to radiation, |
|---|
| 262 | 262 | | unless the use of the radiation was in conformity with a regulation |
|---|
| 263 | 263 | | or exemption in effect in accordance with Section 409 of the federal |
|---|
| 264 | 264 | | Act; or |
|---|
| 265 | 265 | | (8) it contains, in whole or in part, cell-cultured |
|---|
| 266 | 266 | | protein; |
|---|
| 267 | 267 | | (b) if: |
|---|
| 268 | 268 | | (1) any valuable constituent has been in whole or in |
|---|
| 269 | 269 | | part omitted or abstracted therefrom; |
|---|
| 270 | 270 | | (2) any substance has been substituted wholly or in |
|---|
| 271 | 271 | | part therefor; |
|---|
| 272 | 272 | | (3) damage or inferiority has been concealed in any |
|---|
| 273 | 273 | | manner; |
|---|
| 274 | 274 | | (4) any substance has been added thereto or mixed or |
|---|
| 275 | 275 | | packed therewith so as to increase its bulk or weight, or reduce its |
|---|
| 276 | 276 | | quality or strength or make it appear better or of greater value |
|---|
| 277 | 277 | | than it is; |
|---|
| 278 | 278 | | (5) it contains saccharin, dulcin, glucin, or other |
|---|
| 279 | 279 | | sugar substitutes except in dietary foods, and when so used shall be |
|---|
| 280 | 280 | | declared; or |
|---|
| 281 | 281 | | (6) it be fresh meat and it contains any chemical |
|---|
| 282 | 282 | | substance containing sulphites, sulphur dioxide, or any other |
|---|
| 283 | 283 | | chemical preservative which is not approved by the United States |
|---|
| 284 | 284 | | Department of Agriculture, the Animal and Plant Health Inspection |
|---|
| 285 | 285 | | Service (A.P.H.I.S.) or by department rules; |
|---|
| 286 | 286 | | (c) if it is, or it bears or contains, a color additive that |
|---|
| 287 | 287 | | is unsafe under Section 431.161(a); or |
|---|
| 288 | 288 | | (d) if it is confectionery and: |
|---|
| 289 | 289 | | (1) has any nonnutritive object partially or |
|---|
| 290 | 290 | | completely imbedded in it; provided, that this subdivision does not |
|---|
| 291 | 291 | | apply if, in accordance with department rules, the object is of |
|---|
| 292 | 292 | | practical, functional value to the confectionery product and would |
|---|
| 293 | 293 | | not render the product injurious or hazardous to health; |
|---|
| 294 | 294 | | (2) bears or contains any alcohol, other than alcohol |
|---|
| 295 | 295 | | not in excess of five percent by volume. Any confectionery that |
|---|
| 296 | 296 | | bears or contains any alcohol in excess of one-half of one percent |
|---|
| 297 | 297 | | by volume derived solely from the use of flavoring extracts and less |
|---|
| 298 | 298 | | than five percent by volume: |
|---|
| 299 | 299 | | (A) may not be sold to persons under the legal age |
|---|
| 300 | 300 | | necessary to consume an alcoholic beverage in this state; |
|---|
| 301 | 301 | | (B) must be labeled with a conspicuous, readily |
|---|
| 302 | 302 | | legible statement that reads, "Sale of this product to a person |
|---|
| 303 | 303 | | under the legal age necessary to consume an alcoholic beverage is |
|---|
| 304 | 304 | | prohibited"; |
|---|
| 305 | 305 | | (C) may not be sold in a form containing liquid |
|---|
| 306 | 306 | | alcohol such that it is capable of use for beverage purposes as that |
|---|
| 307 | 307 | | term is used in the Alcoholic Beverage Code; |
|---|
| 308 | 308 | | (D) may not be sold through a vending machine; |
|---|
| 309 | 309 | | (E) must be labeled with a conspicuous, readily |
|---|
| 310 | 310 | | legible statement that the product contains not more than five |
|---|
| 311 | 311 | | percent alcohol by volume; and |
|---|
| 312 | 312 | | (F) may not be sold in a business establishment |
|---|
| 313 | 313 | | which derives less than 50 percent of its gross sales from the sale |
|---|
| 314 | 314 | | of confectioneries; or |
|---|
| 315 | 315 | | (3) bears or contains any nonnutritive substance; |
|---|
| 316 | 316 | | provided, that this subdivision does not apply to a nonnutritive |
|---|
| 317 | 317 | | substance that is in or on the confectionery by reason of its use |
|---|
| 318 | 318 | | for a practical, functional purpose in the manufacture, packaging, |
|---|
| 319 | 319 | | or storage of the confectionery if the use of the substance does not |
|---|
| 320 | 320 | | promote deception of the consumer or otherwise result in |
|---|
| 321 | 321 | | adulteration or misbranding in violation of this chapter; and |
|---|
| 322 | 322 | | provided further, that the executive commissioner may, for the |
|---|
| 323 | 323 | | purpose of avoiding or resolving uncertainty as to the application |
|---|
| 324 | 324 | | of this subdivision, adopt rules allowing or prohibiting the use of |
|---|
| 325 | 325 | | particular nonnutritive substances. |
|---|
| 326 | 326 | | SECTION 4. Subchapter D, Chapter 433, Health and Safety |
|---|
| 327 | 327 | | Code, is amended by adding Section 433.057 to read as follows: |
|---|
| 328 | 328 | | Sec. 433.057. PROHIBITION ON CELL-CULTURED PROTEIN. (a) |
|---|
| 329 | 329 | | In this section, "cell-cultured protein" has the meaning assigned |
|---|
| 330 | 330 | | by Section 431.002. |
|---|
| 331 | 331 | | (b) A person may not manufacture, process, possess, |
|---|
| 332 | 332 | | distribute, offer for sale, or sell cell-cultured protein. |
|---|
| 333 | 333 | | (c) To the extent another state law conflicts with this |
|---|
| 334 | 334 | | section, this section controls. |
|---|
| 335 | 335 | | SECTION 5. As soon as practicable after the effective date |
|---|
| 336 | 336 | | of this Act, the executive commissioner of the Health and Human |
|---|
| 337 | 337 | | Services Commission shall adopt any rules necessary to implement |
|---|
| 338 | 338 | | the changes in law made by this Act. |
|---|
| 339 | 339 | | SECTION 6. This Act takes effect September 1, 2025. |
|---|