Bill Text: TX SB883 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the advertising and labeling of certain meat food products.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-03-11 - Referred to Business & Commerce [SB883 Detail]
Download: Texas-2021-SB883-Introduced.html
| 87R11195 TYPED | ||
| By: Springer | S.B. No. 883 | |
|
|
||
|
|
||
| relating to the advertising and labeling of certain meat food | ||
| products. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 433A to read as follows: | ||
| CHAPTER 433A. TEXAS MEAT AND IMITATION FOOD ACT | ||
| Sec. 433A.0001. DEFINITIONS. In this chapter: | ||
| (1) "Advertising" means a representation disseminated | ||
| in any manner or by any means, other than by labeling, for the | ||
| purpose of inducing, or that is likely to induce, directly or | ||
| indirectly, the purchase of food. | ||
| (2) "Beef" means any edible portion of a formerly live | ||
| and whole cattle carcass, not derived by synthetic or artificial | ||
| means. | ||
| (3) "Chicken" means any edible portion of a formerly | ||
| live and whole poultry carcass, not derived by synthetic or | ||
| artificial means. | ||
| (4) "Food" means: | ||
| (A) articles used for human food or drink; and | ||
| (B) articles used as components for those | ||
| articles. | ||
| (5) "Label" means a display of written, printed, or | ||
| other graphic matter on an article or the immediate container, | ||
| other than a package liner, of an article. | ||
| (6) "Labeling" means: | ||
| (A) a label; or | ||
| (B) other written, printed, or graphic material | ||
| on an article or any container or wrapper of an article, or | ||
| accompanying an article. | ||
| (7) "Livestock" means cattle, sheep, swine, goats, and | ||
| poultry. | ||
| (8) "Meat" means any edible portion of a livestock | ||
| carcass that does not contain lab-grown, cell cultured, insect, or | ||
| plant-based food products. | ||
| (9) "Misrepresent" means the use of a false, | ||
| misleading, or deceptive oral or written statement, advertisement, | ||
| label, display, picture, illustration, or sample. | ||
| (10) "Pork" means any edible portion of a formerly | ||
| live and whole swine carcass, not derived by synthetic or | ||
| artificial means. | ||
| Sec. 433A.0002. RULES. The executive commissioner shall | ||
| adopt rules as necessary to implement and enforce this chapter. A | ||
| violation of a rule adopted under this chapter is a violation of | ||
| this chapter. | ||
| Sec. 433A.0003. MISBRANDED FOOD. A food advertised or | ||
| labeled as containing or imitating meat shall be considered | ||
| misbranded if: | ||
| (1) any part of its labeling is false or misleading; | ||
| (2) the food is misrepresented as harvested meat | ||
| through the use of any misleading or deceptive advertising or | ||
| labeling; | ||
| (3) any portion of the food's advertising or labeling | ||
| suggests or implies that the food imitates meat, beef, chicken, or | ||
| pork when the food does not; | ||
| (4) the food includes a label stating "meat," "beef," | ||
| "chicken," "pork," or any common variation of those terms, if the | ||
| food does not contain the products listed on the label; and | ||
| (5) the food's label includes a claim comparing the | ||
| food's nutritional value to that of meat without disclosing the | ||
| human benefit of the food. | ||
| Sec. 433A.0004. DETERMINATION OF MISLEADING LABELING OR | ||
| ADVERTISING. 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, device, sound, or any combination of these; and | ||
| (2) the extent to which the labeling or advertising | ||
| suggests the food is: | ||
| (A) authentic meat; | ||
| (B) a meat product; or | ||
| (C) derived from livestock in any form. | ||
| Sec. 433A.0005. CERTAIN ACTIVITIES PROHIBITED. A person | ||
| may not: | ||
| (1) adulterate or misbrand food that is subject to | ||
| this chapter; | ||
| (2) introduce or deliver for introduction into | ||
| commerce food that is adulterated or misbranded under this chapter; | ||
| or | ||
| (3) receive in commerce any food that is adulterated | ||
| or misbranded under this chapter with the intent to deliver or | ||
| introduce the food into commerce for payment. | ||
| Sec. 433A.0006. INJUNCTION. (a) The department, or | ||
| attorney general on the department's request, may petition a | ||
| district court for a temporary restraining order to restrain a | ||
| continuing violation of this chapter or a threat of a continuing | ||
| violation of this chapter if the department finds that: | ||
| (1) a person has violated, is violating, or is | ||
| threatening to violate this chapter; and | ||
| (2) the violation or threatened violation creates an | ||
| immediate threat to public health and safety. | ||
| (b) A district court, on petition of the department or | ||
| attorney general, and on a finding by the court that a person is | ||
| violating or threatening to violate this chapter, shall grant any | ||
| injunctive relief warranted by the facts. | ||
| (c) Venue for a suit brought under this section is in the | ||
| county in which the violation or threat of violation is alleged to | ||
| have occurred or in Travis County. | ||
| (d) The department and the attorney general may each recover | ||
| reasonable expenses incurred in obtaining injunctive relief under | ||
| this section, including investigative costs, court costs, | ||
| reasonable attorney's fees, witness fees, and deposition expenses. | ||
| The expenses recovered by the department may be used by the | ||
| department for the administration and enforcement of this chapter. | ||
| The expenses recovered by the attorney general may be used by the | ||
| attorney general. | ||
| Sec. 433A.0007. DETAINED, EMBARGOED, OR REMOVED FOOD. (a) | ||
| The department shall affix to a food subject to this chapter a tag | ||
| or other appropriate marking that gives notice that the food is, or | ||
| is suspected of being, adulterated or misbranded under this chapter | ||
| and that the food has been detained or embargoed if the department | ||
| finds or has probable cause to believe that the food: | ||
| (1) is adulterated under this chapter; | ||
| (2) is misbranded in a manner that renders the food | ||
| dangerous or fraudulent under this chapter; or | ||
| (3) violates Section 433A.0005. | ||
| (b) The tag or marking on a detained or embargoed food must | ||
| warn persons not to use the food, remove the food from the premises, | ||
| or dispose of the food by sale or otherwise until the department or | ||
| a court grants permission for the use, removal, or disposal of the | ||
| food. | ||
| (c) A person may not use a detained or embargoed food, | ||
| remove a detained or embargoed food from the premises, or dispose of | ||
| a detained or embargoed food by sale or otherwise without | ||
| permission of the department or a court. The department may allow | ||
| perishable foods to be moved to a place suitable for storage. | ||
| (d) The department shall remove the tag or other marking | ||
| from an embargoed or detained food if the department finds that the | ||
| food is not adulterated or misbranded under this chapter. | ||
| (e) If the claimant of the detained or embargoed food or the | ||
| claimant's agent fails or refuses to transfer the food to a secure | ||
| place after the tag or other appropriate marking has been affixed as | ||
| provided by this section, the department may order the food | ||
| transferred to one or more secure storage areas to prevent the | ||
| unauthorized use, removal, or disposal of the food. | ||
| Sec. 433A.0008. CORRECTION OF VIOLATION. (a) A court may | ||
| order the delivery of a sampled food or a detained or embargoed food | ||
| that is adulterated or misbranded under this chapter to the | ||
| claimant of the food for labeling or processing under the | ||
| supervision of the department if: | ||
| (1) the court orders the delivery in a suit | ||
| challenging the detention or embargo; | ||
| (2) the costs, fees, and expenses of the suit have been | ||
| paid; | ||
| (3) the adulteration or misbranding can be corrected | ||
| by proper labeling or processing; and | ||
| (4) a good and sufficient bond, conditioned on the | ||
| correction of the adulteration or misbranding by proper labeling or | ||
| processing, has been executed. | ||
| (b) The claimant shall pay the costs of the supervision | ||
| under this section. | ||
| (c) The court shall order the food returned to the claimant | ||
| and the bond discharged on the department's representation to the | ||
| court that the food no longer violates this chapter and that the | ||
| expenses of the supervision are paid. | ||
| SECTION 2. 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 | ||
| Chapter 433A, Health and Safety Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
