By: White, Bailes H.B. No. 410

(Senate Sponsor - Johnson, Flores, Perry)

(In the Senate - Received from the House April 11, 2019; April 17, 2019, read first time and referred to Committee on Health & Human Services; May 20, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 410 By: Johnson

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of meat and other 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 adding Subdivisions (1-a), (2-a), (10-a), (11-a), (19-a), (23-a), and (26) to read as follows:

(1-a) "Beef" means any edible portion of a formerly live and whole cattle carcass, not derived by synthetic or artificial means.

(2-a) "Chicken" means any edible portion of a formerly live and whole chicken carcass, not derived by synthetic or artificial means.

(10-a) "Lamb" means any edible portion of a formerly live and whole lamb carcass, not derived by synthetic or artificial means.

(11-a) "Meat" means any edible portion of a livestock carcass that does not contain lab-grown, cell cultured, insect, or plant-based products.

(19-a) "Pork" means any edible portion of a formerly live and whole swine carcass, not derived by synthetic or artificial means.

(23-a) "Rabbit" means any edible portion of a formerly live and whole rabbit, not derived by synthetic or artificial means.

(26) "Turkey" means any edible portion of a formerly live and whole turkey carcass, not derived by synthetic or artificial means.

SECTION 2. Section 433.005, Health and Safety Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) A food product is misbranded if:

(1) the food product is misrepresented as harvested meat through the use of false or misleading advertising or labeling; or

(2) any part of the food product's labeling includes the terms "meat," "beef," "chicken," "pork," "turkey," "lamb," "rabbit," or any common variation of those terms and the product does not contain the product described by the term listed on the label.

SECTION 3. Section 433.0245, Health and Safety Code, is amended by adding Subsections (a-1), (e), and (f) and amending Subsections (b), (c), and (d) to read as follows:

(a-1) For purposes of this section, a low-volume livestock processing establishment:

(1) includes an establishment that processes fewer than 10,000 domestic rabbits or more than 1,000 but fewer than 10,000 poultry in a calendar year; and

(2) does not include an establishment that processes 1,000 or fewer poultry raised by the operator of the establishment in a calendar year.

(b) Except as provided by Subsections (e) and (f), a [A] low-volume livestock processing establishment that is exempt from federal inspection shall register with the department in accordance with rules adopted by the executive commissioner for registration.

(c) Except as provided by Subsections (e) and (f), a [A] low-volume livestock processing establishment that is exempt from federal inspection shall develop a sanitary operation procedures plan.

(d) Except as provided by Subsection (f), if [If] contaminated livestock can be reasonably traced to a low-volume livestock processing establishment that is exempt from federal inspection, the department may request the attorney general or the district or county attorney in the jurisdiction where the facility is located to institute a civil suit to enjoin the operation of the establishment until the department determines that the establishment has been sanitized and is operating safely.

(e) A low-volume livestock processing establishment that is exempt from federal inspection and processes fewer than 500 domestic rabbits in a calendar year is not required to comply with Subsection (b) or (c).

(f) An establishment described by Subsection (a-1)(2):

(1) is not subject to additional state regulation; and

(2) may sell poultry products directly to:

(A) consumers; and

(B) restaurants that provide food for immediate human consumption.

SECTION 4. This Act takes effect September 1, 2019.

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