By: Oakley H.B. No. 2401
73R3935 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the labeling of raw, fresh, or frozen fruits,
1-3 vegetables, and meats that are produced in a foreign country;
1-4 providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 2, Agriculture Code, is amended by adding
1-7 Chapter 18 to read as follows:
1-8 CHAPTER 18. LABELING OF FOREIGN FOOD PRODUCTS
1-9 Sec. 18.001. Definitions. In this chapter:
1-10 (1) "Bin label" or "place card" means a sign on,
1-11 above, under, or in a retailer's container or shelving that is used
1-12 to hold individual items of fruit, vegetables, or meat.
1-13 (2) "Consumer unit" means a group of individual items
1-14 placed together to sell as a single package at the retail level.
1-15 (3) "Foreign" means outside the United States of
1-16 America or outside a commonwealth, possession, or trust territory
1-17 of the United States of America.
1-18 (4) "Mark" means a label, sticker, or writing that is
1-19 attached to a product, that is legible, indelible, and as permanent
1-20 as the nature of the product will permit.
1-21 (5) "Meat" means beef, pork, mutton, lamb, poultry, or
1-22 fish.
1-23 (6) "Retail establishment" means a grocery store,
1-24 butcher shop, or other place where raw, fresh, or frozen fruit,
2-1 vegetables, or meat is sold at retail to consumers, other than a
2-2 place exempted under Section 18.003 of this code.
2-3 (7) "Packing unit" means a box, carton, crate, sack,
2-4 or other container used for the purpose of packaging raw, fresh, or
2-5 frozen fruit, vegetables, or meat.
2-6 Sec. 18.002. Labeling. (a) Except as provided by
2-7 Subsection (e) of this section, a person may not sell or offer for
2-8 sale raw, fresh, or frozen fruit, vegetables, or meat produced in a
2-9 foreign country unless the food product is marked to indicate the
2-10 country of origin in a conspicuous place on the item, packing unit,
2-11 or consumer unit.
2-12 (b) If packed as a consumer unit, each unit must be marked
2-13 to indicate the country of origin, and the individual items need
2-14 not be so marked.
2-15 (c) If a person replaces the original packing unit of raw,
2-16 fresh, or frozen fruit, vegetables, or meat produced in another
2-17 country, the new packing unit must be marked with the country of
2-18 origin.
2-19 (d) A person may not sell or offer for sale a package of
2-20 raw, fresh, or frozen meat containing foreign meat blended with
2-21 domestic meat unless the package is marked as if it were composed
2-22 entirely of foreign meat.
2-23 (e) The owner or operator of a retail establishment may sell
2-24 an unlabeled individual item of raw, fresh, or frozen fruit,
2-25 vegetables, or meat if the country of origin of the product is
2-26 identified to the ultimate consumer by a bin label or place card
2-27 that is placed in close proximity to the price of the items being
3-1 displayed for retail sale. The wording used on the bin label or
3-2 place card must be prominent, conspicuous, and in terms easily read
3-3 and understood by average consumers of the product.
3-4 (f) A person engaged in the business of selling a product
3-5 that is marked as prescribed by this section may not wilfully and
3-6 knowingly remove the mark.
3-7 Sec. 18.003. Exemption. The labeling requirement
3-8 established by Section 18.002 of this code does not apply to
3-9 restaurants, delicatessens, or other places where food is prepared
3-10 and sold for on-site consumption. If the same business
3-11 establishment is both a retail establishment and a place where food
3-12 is prepared and sold for on-site consumption, this exemption
3-13 applies only to that part of the business in which food is prepared
3-14 and sold for on-site consumption.
3-15 Sec. 18.004. Enforcement. (a) To enforce the requirements
3-16 of this chapter, the department may inspect during normal business
3-17 hours a shipment of raw, fresh, or frozen fruit, vegetables, or
3-18 meat held in storage:
3-19 (1) for wholesale or retail sale; or
3-20 (2) at a retail establishment.
3-21 (b) The department shall adopt rules necessary for the
3-22 enforcement of this chapter.
3-23 Sec. 18.005. Penalty. (a) Except as provided by Subsection
3-24 (b) of this section, a person who knowingly violates a labeling
3-25 requirement of this chapter, or a rule adopted under this chapter,
3-26 commits an offense.
3-27 (b) A person who wilfully and knowingly violates the mark
4-1 removal prohibition of Section 18.002(f) of this code, or a rule
4-2 adopted under that subsection, commits an offense.
4-3 (c) Except as provided by Subsection (d) of this section, an
4-4 offense under this section is punishable by a fine of not less than
4-5 $200 nor more than $400.
4-6 (d) If it is shown on the trial of an offense under this
4-7 section that the person has previously been convicted one time of
4-8 an offense under this section, the offense is punishable by:
4-9 (1) a fine of not less than $500 nor more than $1,000;
4-10 (2) confinement in jail for a term of not less than 30
4-11 days nor more than 90 days; or
4-12 (3) both the fine and confinement.
4-13 SECTION 2. Chapter 150, Agriculture Code, is repealed.
4-14 SECTION 3. This Act takes effect September 1, 1993, and
4-15 applies only to sales of raw, fresh, or frozen fruit, vegetables,
4-16 or meat sold or offered for sale on or after that date.
4-17 SECTION 4. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.