Amend SB 1145 (senate committee printing) by striking SECTION 1 of the bill, adding Sections 18.050, 18.0521, and 18.0522, Agriculture Code (page 1, line 22, through page 2, line 16), and substituting the following:
SECTION 1. Subchapter D, Chapter 431, Health and Safety Code, is amended by adding Section 431.0825 to read as follows:
Sec. 431.0825. MARKETING AND LABELING OF CERTAIN FOOD PRODUCTS. (a) In this section:
(1) "Egg" has the meaning assigned by Section 4(g), Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term does not include synthetic or cell cultured products.
(2) "Egg product" has the meaning assigned by Section 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The term does not include synthetic or cell cultured products.
(3) "Fish" has the meaning assigned by Section 403, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 343(q)(4)(E)). The term does not include synthetic or cell cultured products.
(4) "Meat food product" has the meaning assigned by Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section 601(j)). The term does not include synthetic or cell cultured products.
(5) "Poultry" has the meaning assigned by Section 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)). The term does not include synthetic or cell cultured products.
(6) "Poultry product" has the meaning assigned by Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section 453(f)). The term does not include synthetic or cell cultured products.
(7) "Standard of identity" related to food product labeling means a standard of identity prescribed by the United States Department of Agriculture for the labeling of eggs, egg products, fish, meat, meat food products, poultry, or poultry products or products derived from one of those items.
(b) Except as provided by Subsection (c), a person violates this section if, in order to directly or indirectly induce the purchase of a food product, the person labels, misbrands, or misrepresents the food product with:
(1) a term that has a standard of identity, for a food product that does not meet the standard of identity; or
(2) an image, depiction, or graphic of a livestock animal, for a food product that does not contain a product derived from a livestock animal.
(c) A person does not violate this section if the food product's label bears, in prominent type of uniform size, as applicable:
(1) the word "imitation" immediately followed by the name of the product imitated;
(2) the phrase "This product does not contain animal protein";
(3) the word "meatless";
(4) the words "meat free";
(5) the words "plant based";
(6) the words "egg free";
(7) the word "synthetic"; or
(8) another substantially similar qualifying term or disclaimer.
(d) The department shall:
(1) enforce the proper use of standards of identity on food product labels to prevent consumer confusion and ensure the orderly and efficient marketing of food products; and
(2) to the extent practical and cost-effective, enter into a memorandum of understanding with the Department of Agriculture or another state agency as necessary to execute the department's responsibilities under this section.