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A BILL TO BE ENTITLED
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AN ACT
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relating to marketing and labeling requirements for certain food |
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products, including imitation meat food products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 18, Agriculture Code, is |
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amended by adding Sections 18.050, 18.0521, and 18.0522 to read as |
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follows: |
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Sec. 18.050. DEFINITIONS. In this subchapter: |
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(1) "Egg" has the meaning assigned by Section 4(g), |
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Egg Products Inspection Act (21 U.S.C. Section 1033(g)). |
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(2) "Egg product" has the meaning assigned by Section |
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4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). |
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(3) "Fish" has the meaning assigned by Section 403, |
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Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section |
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343(q)(4)(E)). |
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(4) "Meat food product" has the meaning assigned by |
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Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section |
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601(j)). |
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(5) "Poultry" has the meaning assigned by Section |
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4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)). |
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(6) "Poultry product" has the meaning assigned by |
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Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section |
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453(f)). |
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(7) "Standard of identity" means a standard of |
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identity prescribed by the United States Department of Agriculture |
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for the labeling of eggs, egg products, fish, meat, meat food |
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products, poultry, or poultry products or products derived from one |
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of those items. |
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Sec. 18.0521. MISLABELING OF FOOD PRODUCTS. A person |
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violates this subchapter if, in order to directly or indirectly |
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induce the purchase of a food product, the person labels, |
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misbrands, or misrepresents the food product with: |
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(1) a term that has a standard of identity, if the food |
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product does not meet the standard of identity; |
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(2) an image, depiction, or graphic of a livestock |
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animal, if the food product does not contain a product derived from |
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a livestock animal, unless the food product's label bears, in |
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prominent type of uniform size, as applicable: |
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(A) the word "imitation" immediately followed by |
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the name of the product imitated; |
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(B) "This product does not contain animal |
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protein"; |
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(C) the word "meatless"; |
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(D) the words "meat free"; or |
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(E) the words "egg free"; or |
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(3) a claim that the food product is nutritionally |
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similar or superior to a food product with a standard of identity |
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unless the food product's label contains a factual comparison of |
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the food products' nutritional values. |
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Sec. 18.0522. ENFORCEMENT. The department shall: |
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(1) enforce the proper use of standards of identity on |
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food product labels to prevent consumer confusion and ensure the |
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orderly and efficient marketing of agricultural and livestock |
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products; and |
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(2) to the extent practical and cost-effective, enter |
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into a memorandum of understanding or interagency contract with the |
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Department of State Health Services or another state agency to |
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execute the department's responsibilities under this subchapter |
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with respect to this section and Section 18.0521. |
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SECTION 2. This Act takes effect September 1, 2021. |