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  87R13712 TYPED
 
  By: Perry S.B. No. 1145
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to marketing and labeling requirements for certain food
  products, including imitation meat and egg food products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 18, Agriculture Code, is
  amended by adding Sections 18.050, 18.0521, and 18.0522 to read as
  follows:
         Sec. 18.050.  DEFINITIONS. In this subchapter:
               (1)  "Egg" has the meaning assigned by Section 4(g),
  Egg Products Inspection Act (21 U.S.C. Section 1033(g)),and 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),and
  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)), and 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)), and 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)),
  and 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)), and does not include synthetic or cell cultured products.
               (7)  "Standard of identity" 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.
         Sec. 18.0521.  MISLABELING OF FOOD PRODUCTS. A person
  violates this subchapter 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, if the food
  product does not meet the standard of identity;
               (2)  an image, depiction, or graphic of a livestock
  animal, if the food product does not contain a product derived from
  a livestock animal, unless the food product's label bears, in
  prominent type of uniform size, as applicable:
                     (A)  the word "imitation" immediately followed by
  the name of the product imitated;
                     (B)  "This product does not contain animal
  protein";
                     (C)  the word "meatless";
                     (D)  the words "meat free";
                     (E)  the words "plant based"; or
                     (F)  the words "egg free".
         Sec. 18.0522.  ENFORCEMENT. 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 agricultural and livestock
  products; and
               (2)  to the extent practical and cost-effective, enter
  into a memorandum of understanding or interagency contract with the
  Department of State Health Services or another state agency to
  execute the department's responsibilities under this subchapter
  with respect to this section and Section 18.0521.
         SECTION 2.  This Act takes effect September 1, 2021.