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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 and egg food products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.0825 to read as follows: |
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Sec. 431.0825. MARKETING AND LABELING OF CERTAIN FOOD |
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PRODUCTS. (a) In this section: |
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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)). The term |
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does not include synthetic or cell cultured products. |
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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)). The |
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term does not include synthetic or cell cultured products. |
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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)). The term does not include synthetic or cell |
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cultured products. |
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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)). The term does not include synthetic or cell cultured |
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products. |
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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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The term does not include synthetic or cell cultured products. |
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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)). The term does not include synthetic or cell cultured |
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products. |
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(7) "Standard of identity" related to food product |
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labeling means a standard of identity prescribed by the United |
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States Department of Agriculture for the labeling of eggs, egg |
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products, fish, meat, meat food products, poultry, or poultry |
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products or products derived from one of those items. |
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(b) Except as provided by Subsection (c), a person violates |
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this section if, in order to directly or indirectly induce the |
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purchase of a food product, the person labels, misbrands, or |
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misrepresents the food product with: |
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(1) a term that has a standard of identity, for a food |
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product that does not meet the standard of identity; or |
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(2) an image, depiction, or graphic of a livestock |
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animal, for a food product that does not contain a product derived |
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from a livestock animal. |
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(c) A person does not violate this section if the food |
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product's label bears, in prominent type of uniform size, as |
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applicable: |
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(1) the word "imitation" immediately followed by the |
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name of the product imitated; |
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(2) the phrase "This product does not contain animal |
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protein"; |
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(3) the word "meatless"; |
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(4) the words "meat free"; |
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(5) the words "plant based"; |
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(6) the words "egg free"; |
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(7) the word "synthetic"; or |
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(8) another substantially similar qualifying term or |
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disclaimer. |
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(d) 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 food products; and |
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(2) to the extent practical and cost-effective, enter |
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into a memorandum of understanding with the Department of |
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Agriculture or another state agency as necessary to execute the |
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department's responsibilities under this section. |
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SECTION 2. This Act takes effect January 1, 2022. |