85R10737 DMS-F
 
  By: Alvarado H.B. No. 2023
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the labeling of genetically modified food; authorizing
  a civil penalty.
         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 442 to read as follows:
  CHAPTER 442. LABELING OF GENETICALLY MODIFIED FOOD
         Sec. 442.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of State Health
  Services.
               (2)  "DNA" means deoxyribonucleic acid.
               (3)  "Enzyme" means a protein that catalyzes chemical
  reactions of other substances without being destroyed or altered on
  completion of the reactions. 
               (4)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (5)  "Food" means food intended for human consumption.
               (6)  "Genetic engineering" means a process by which a
  food is produced from an organism in which the genetic material has
  been changed through the application of:
                     (A)  in vitro nucleic acid techniques, including
  recombinant DNA or RNA techniques, the direct injection of nucleic
  acid into cells or organelles, encapsulation, gene deletion, and
  doubling; or
                     (B)  methods of fusing cells beyond the taxonomic
  family that overcome natural physiological, reproductive, or
  recombination barriers and that are not methods used in traditional
  breeding and selection such as conjugation, transduction, or
  hybridization.
               (7)  "In vitro nucleic acid techniques" means
  techniques that use vector systems, including recombinant DNA or
  RNA techniques, and techniques that involve the direct introduction
  into an organism of hereditary materials prepared outside the
  organism, including micro-injection, chemoporation,
  electroporation, micro-encapsulation, and liposome fusion. 
               (8)  "Manufacturer" means a food manufacturer, as
  defined by Section 431.221. 
               (9)  "Organism" means any biological entity capable of
  replicating, reproducing, or transferring genetic material. 
               (10)  "Processed food" means any food other than a raw
  agricultural commodity, including any food produced from a raw
  agricultural commodity that has been subjected to processing such
  as canning, smoking, pressing, cooking, freezing, dehydrating,
  fermenting, or milling. 
               (11)  "Processing aid" means a substance that is added
  to a food: 
                     (A)  during the processing of the food, but that
  is removed in some manner from the food before the food is packaged
  in a finished form; 
                     (B)  during processing, is converted into
  constituents normally present in the food, and does not
  significantly increase the amount of the constituents naturally
  found in the food; or 
                     (C)  for the substance's technical or functional
  effect in the processing, but is present in the finished food at
  levels that do not have a technical or functional effect in that
  finished food. 
               (12)  "Raw agricultural commodity" has the meaning
  assigned by Section 431.002. 
               (13)  "RNA" means ribonucleic acid.
         Sec. 442.002.  LABELING OF FOOD PRODUCED WITH GENETIC
  ENGINEERING. (a) Except as provided by Section 442.003, food
  offered for sale by a retailer shall be labeled as produced entirely
  or in part from genetic engineering if the food is: 
               (1)  offered for sale in this state; and
               (2)  entirely or partially produced with genetic
  engineering. 
         (b)  A food that is required to be labeled under Subsection
  (a) must be labeled as follows: 
               (1)  a manufacturer shall label a packaged raw
  agricultural commodity with the clear and conspicuous words
  "produced with genetic engineering";
               (2)  a retailer shall label a raw agricultural
  commodity that is not separately packaged by posting a label on the
  retail store shelf or bin in which the commodity is displayed for
  sale with the clear and conspicuous words "produced with genetic
  engineering"; and
               (3)  a manufacturer shall label the package of a
  processed food that contains a product of genetic engineering by
  labeling the package with the words "partially produced with
  genetic engineering," "may be produced with genetic engineering,"
  or "produced with genetic engineering." 
         (c)  A manufacturer of a food produced entirely or in part
  from genetic engineering may not label the product on the package,
  in signage, or in advertising as "natural," "naturally made,"
  "naturally grown," "all natural," or any other words that may
  mislead a consumer. 
         (d)  This section does not require: 
               (1)  the listing or identification of any ingredient
  that was genetically engineered; or
               (2)  the placement of the term "genetically engineered"
  immediately preceding any common name or primary product descriptor
  of a food. 
         Sec. 442.003.  APPLICABILITY OF CHAPTER. This chapter does
  not apply to: 
               (1)  food consisting entirely of an animal, or derived
  entirely from an animal, that has not been produced with genetic
  engineering, regardless of whether the animal has been fed or
  injected with any food, drug, or other substance produced with
  genetic engineering; 
               (2)  a raw agricultural commodity or processed food
  derived from a raw agricultural commodity that has been grown,
  raised, or produced without genetic engineering, that is
  accompanied by a sworn statement described by Section 442.004;
               (3)  a processed food that would otherwise be subject
  to the labeling requirements of Section 442.002 solely because the
  food includes a processing aid or enzyme produced with genetic
  engineering; 
               (4)  an alcoholic beverage, as defined by Section 1.04,
  Alcoholic Beverage Code; 
               (5)  a processed food that would otherwise be subject
  to the labeling requirements of Section 442.002 solely because the
  food includes a material that has been produced with genetic
  engineering, if the genetically engineered materials in the
  aggregate do not account for more than 0.9 percent of the total
  weight of the processed food;
               (6)  food that an independent organization, approved
  under Section 442.005(b), has verified was not knowingly or
  intentionally produced from or commingled with food or seed
  produced with genetic engineering; 
               (7)  food that is certified as organic under the
  national organic program, as defined by Section 18.001, Agriculture
  Code;
               (8)  food that is not packaged for retail sale and that
  is: 
                     (A)  a processed food prepared and intended for
  immediate human consumption; or
                     (B)  served, sold, or otherwise provided in any
  restaurant or other food establishment that is primarily engaged in
  the sale of food prepared and intended for immediate human
  consumption;
               (9)  medical food as defined in Section 5(b) of the
  Orphan Drug Act (21 U.S.C. Section 360ee(b)); or
               (10)  milk or a milk product subject to Chapter 435.
         Sec. 442.004.  SWORN STATEMENT. For the purpose of this
  chapter, a manufacturer or retailer may rely on a sworn statement
  made by the person who sells a raw agricultural commodity or
  processed food to the manufacturer or retailer that states the
  commodity or food has not knowingly been produced with genetic
  engineering and has not been commingled with food that may have been
  produced with genetic engineering.
         Sec. 442.005.  POWERS AND DUTIES. (a) The executive
  commissioner may adopt rules necessary to implement this chapter.
         (b)  The department shall publish a list of approved
  independent organizations that may verify that a food has not been
  knowingly produced with genetic engineering. 
         Sec. 442.006.  CIVIL PENALTY. (a) A manufacturer or
  retailer that violates Section 442.002 is liable to the state for a
  civil penalty of not more than $1,000 for each uniquely named,
  designated, or marketed product that is not in compliance with the
  labeling requirements of that section, regardless of the number of
  individually labeled products. Each day of a continuing violation
  constitutes a separate violation. 
         (b)  A person who falsely states that a raw agricultural
  product or processed food has not knowingly been produced with
  genetic engineering and has not been commingled with food that may
  have been produced with genetic engineering in a sworn statement
  described by Section 442.004 is liable for a civil penalty of not
  more than $2,500 for each false sworn statement.
         (c)  The attorney general may sue to collect the penalties
  under this section.
         Sec. 442.007.  RETAILER LIABILITY. (a) A retailer may not be
  held liable under Section 442.006(a) for the failure to label a
  processed food as required by Section 442.002, unless the retailer
  is the producer or manufacturer of the processed food.
         (b)  A retailer may not be held liable under Section
  442.006(a) for the failure to label a raw agricultural product as
  required by Section 442.002, if not later than 30 days after the
  date the retailer is notified of a violation of Section 442.002, the
  retailer obtains a sworn statement described by Section 442.004.
         SECTION 2.  This Act takes effect September 1, 2018.