Bill Text: TX HB242 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the advertising and labeling of certain food products.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2021-08-27 - Filed [HB242 Detail]
Download: Texas-2021-HB242-Introduced.html
| By: White | H.B. No. 242 | |
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| relating to the advertising and labeling of certain food products. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 433.003, Health and Safety Code, is | ||
| amended by amending Subdivisions (1), (20), and (21) and adding | ||
| Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a) | ||
| to read as follows: | ||
| (1) "Advertising" has the meaning assigned by Section | ||
| 431.002. | ||
| (1-a) "Analogue product" means a food product derived | ||
| by combining processed plant products, insects, or fungus with | ||
| additives to approximate the texture, flavor, appearance, or other | ||
| aesthetic qualities or the chemical characteristics of any specific | ||
| type of meat, meat food product, poultry, or poultry product. | ||
| (1-b) "Animal food manufacturer" means a person in the | ||
| business of manufacturing or processing animal food any part of | ||
| which is derived from a carcass, or a part or product of a carcass, | ||
| of livestock. | ||
| (1-c) "Beef" means any edible portion of a formerly | ||
| live and whole cattle carcass. The term includes any commonly | ||
| understood variation or abbreviation of the term. The term does not | ||
| include a cell-cultured, plant-based, or insect-based food | ||
| product. | ||
| (2-a) "Cell-cultured product" means a food product | ||
| derived by engineering muscle tissue fibers from animal cells in a | ||
| laboratory or similar setting. | ||
| (11-a) "Meat" means the part of the muscle of cattle, | ||
| sheep, swine, or goats that is skeletal or is found in the tongue, | ||
| diaphragm, heart, or esophagus, with or without the accompanying | ||
| and overlying fat, and the portions of bone, including bone-in | ||
| products, skin, sinew, nerve, and blood vessels that normally | ||
| accompany the muscle tissue and that are not separated from it in | ||
| the process of dressing. The term has a comparable meaning as | ||
| applied to equine food products. The term does not include: | ||
| (A) muscle found in the lips, snout, or ears; | ||
| (B) animal tissue containing significant | ||
| portions of bone, including hard bone and related components, such | ||
| as bone marrow, or any amount of brain, trigeminal ganglia, spinal | ||
| cord, or dorsal root ganglia; or | ||
| (C) cell-cultured, plant-based, or insect-based | ||
| food products. | ||
| (13-a) "Misleading" means the use of a false or | ||
| deceptive oral or written statement, advertisement, label, | ||
| display, picture, illustration, or sample. | ||
| (19-a) "Pork" means any edible portion of a formerly | ||
| live and whole swine carcass. The term includes any commonly | ||
| understood variation or abbreviation of the term. The term does not | ||
| include a cell-cultured, plant-based, or insect-based food | ||
| product. | ||
| (20) "Poultry" means any [ |
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| bird, including chickens, turkeys, ducks, geese, guineas, ratites, | ||
| or squabs. | ||
| (21) "Poultry product" means any [ |
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| part of a poultry carcass, or [ |
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| made wholly or partly from a poultry carcass or part of a poultry | ||
| carcass. Unless the context requires otherwise, the term includes | ||
| only articles capable of use as human food. The term does not | ||
| include [ |
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| (A) a cell-cultured, plant-based, or | ||
| insect-based food product [ |
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| or [ |
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| (B) a product that is exempted from the | ||
| definition of poultry product under 9 C.F.R. Section 381.15 [ |
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| SECTION 2. Section 433.005, Health and Safety Code, is | ||
| amended by amending Subsection (a) and adding Subsection (d) to | ||
| read as follows: | ||
| (a) A livestock, [ |
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| cell-cultured product is misbranded if: | ||
| (1) any part of its labeling is false or misleading; | ||
| (2) it is offered for sale under the name of another | ||
| food; | ||
| (3) it is an imitation of another food, unless its | ||
| label bears, in prominent type of uniform size, the word | ||
| "imitation" immediately followed by the name of the food imitated; | ||
| (4) its container is made, formed, or filled so as to | ||
| be misleading; | ||
| (5) except as provided by Subsection (b), it does not | ||
| bear a label showing: | ||
| (A) the manufacturer's, packer's, or | ||
| distributor's name and place of business; and | ||
| (B) an accurate statement of the quantity of the | ||
| product by weight, measure, or numerical count; | ||
| (6) a 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 on the label or labeling in | ||
| sufficient terms and with sufficient conspicuousness, compared | ||
| with other words, statements, designs, or devices in the label or | ||
| labeling, to make it likely to be read and understood by the | ||
| ordinary individual under customary conditions of purchase and use; | ||
| (7) it purports to be or is represented as a food for | ||
| which a definition and standard of identity or composition has been | ||
| prescribed by department rule under Section 433.043 unless: | ||
| (A) it conforms to the definition and standard; | ||
| or | ||
| (B) its label bears: | ||
| (i) the name of the food specified in the | ||
| definition and standard; and | ||
| (ii) to the extent required by department | ||
| rule, the common names of optional ingredients present in the food, | ||
| other than spices, flavoring, and coloring; | ||
| (8) it purports to be or is represented as a food for | ||
| which a standard of fill of container has been prescribed by | ||
| department rule under Section 433.043 and the food does not meet the | ||
| standard of fill of container, unless its label bears, in the manner | ||
| and form prescribed by department rule, a statement that it does not | ||
| meet the standard; | ||
| (9) except as provided by Subsection (c), it does not | ||
| purport to be or is not represented as a food for which a standard of | ||
| identity or composition has been prescribed by department rule | ||
| unless its label bears: | ||
| (A) any common or usual name of the food; and | ||
| (B) if it is fabricated from two or more | ||
| ingredients, the common or usual name of each ingredient; | ||
| (10) it purports to be or is represented for special | ||
| dietary uses and its label does not bear the information concerning | ||
| its vitamin, mineral, and other dietary properties that the | ||
| department, after the executive commissioner or department | ||
| consults with the United States Secretary of Agriculture, has | ||
| determined, and the executive commissioner has prescribed by rule, | ||
| to be necessary to fully inform purchasers of its value for those | ||
| uses; | ||
| (11) it bears or contains artificial flavoring, | ||
| artificial coloring, or a chemical preservative unless it bears | ||
| labeling stating that fact, except as otherwise prescribed by | ||
| department rule for situations in which compliance with this | ||
| subdivision is impracticable; [ |
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| (12) it does not bear on itself or its container, as | ||
| prescribed by department rule: | ||
| (A) the inspection legend and establishment | ||
| number of the establishment in which the product was prepared; and | ||
| (B) notwithstanding any other provision of this | ||
| section, other information required by department rule to assure | ||
| that the product will not have false or misleading labeling and that | ||
| the public will be informed of the manner of handling required to | ||
| keep the product in wholesome condition; | ||
| (13) for an analogue product of meat, a meat food | ||
| product, poultry, or a poultry product, its label does not bear in | ||
| prominent type of uniform size immediately before the name of the | ||
| product any of the following terms: | ||
| (A) "analogue"; | ||
| (B) "meatless"; | ||
| (C) "plant-based"; | ||
| (D) "made from plants"; or | ||
| (E) a similar qualifying term or disclaimer | ||
| intended to clearly communicate to a consumer the contents of the | ||
| product; or | ||
| (14) for a cell-cultured product, its label does not | ||
| bear in prominent type of uniform size immediately before the name | ||
| of the product any of the following terms: | ||
| (A) "cell-cultured"; or | ||
| (B) "lab-grown". | ||
| (d) If a food is alleged to be misbranded because the | ||
| labeling or advertising is misleading, the department in | ||
| determining whether the labeling or advertising is misleading shall | ||
| consider, among other characteristics: | ||
| (1) a representation made or suggested by a statement, | ||
| word, design, image, device, sound, or any combination of these; | ||
| and | ||
| (2) the extent to which the labeling or advertising | ||
| suggests the food is: | ||
| (A) authentic meat or poultry if the food is not | ||
| meat or poultry; | ||
| (B) a meat product or poultry product if the food | ||
| is not a meat product or poultry product; or | ||
| (C) derived from livestock in any form if the | ||
| food is not derived from livestock. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules as necessary to implement the | ||
| changes in law made by this Act. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
