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A BILL TO BE ENTITLED
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AN ACT
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relating to the labeling of analogue and cell-cultured 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 431.0805 to read as follows: |
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Sec. 431.0805. DEFINITIONS. In this subchapter: |
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(1) "Analogue product" means a food product derived by |
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combining processed plant products, insects, or fungus with food |
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additives to approximate the texture, flavor, appearance, or other |
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aesthetic qualities or the chemical characteristics of any specific |
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type of egg, egg product, fish, meat, meat food product, poultry, or |
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poultry product. |
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(2) "Cell-cultured product" means a food product |
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derived by harvesting animal cells and artificially replicating |
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those cells in a growth medium in a laboratory to produce tissue. |
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(3) "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 an analogue product or a cell-cultured product. |
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(4) "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 an analogue product or a cell-cultured |
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product. |
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(5) "Fish" has the meaning assigned by Section 403 of |
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the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not |
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include an analogue product or a cell-cultured product. |
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(6) "Meat" has the meaning assigned by 9 C.F.R. |
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Section 301.2. The term does not include an analogue product or a |
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cell-cultured product. |
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(7) "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 an analogue product or a |
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cell-cultured product. |
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(8) "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 an analogue product or a cell-cultured |
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product. |
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(9) "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 an analogue product or a |
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cell-cultured product. |
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SECTION 2. Section 431.082, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 431.082. MISBRANDED FOOD. A food shall be deemed to be |
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misbranded: |
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(a) if its labeling is false or misleading in any |
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particular or fails to conform with the requirements of Section |
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431.181; |
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(b) if, in the case of a food to which Section 411 of |
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the federal Act applies, its advertising is false or misleading in a |
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material respect or its labeling is in violation of Section |
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411(b)(2) of the federal Act; |
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(c) if it is offered for sale under the name of another |
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food; |
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(d) if it is an imitation of another food, unless its |
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label bears, in prominent type of uniform size, the word |
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"imitation" and immediately thereafter the name of the food |
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imitated; |
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(d-1) if it is an analogue product of meat, a meat food |
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product, poultry, a poultry product, an egg product, or fish, |
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unless its label bears in prominent type of uniform size |
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immediately before the name of the product one of the following: |
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(1) "analogue"; |
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(2) "meatless"; |
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(3) "plant-based"; |
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(4) "made from plants"; or |
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(5) a similar qualifying term or disclaimer |
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intended to clearly communicate to a consumer the contents of the |
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product; |
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(e) if its container is so made, formed, or filled as |
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to be misleading; |
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(f) if in package form unless it bears a label |
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containing: |
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(1) the name and place of business of the |
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manufacturer, packer, or distributor; and |
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(2) an accurate statement, in a uniform location |
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on the principal display panel of the label, of the quantity of the |
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contents in terms of weight, measure, or numerical count; provided, |
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that under this subsection reasonable variations shall be |
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permitted, and exemptions as to small packages shall be |
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established, by department rules; |
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(g) if any word, statement, or other information |
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required by or under the authority of this chapter to appear on the |
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label or labeling is not prominently placed thereon with such |
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conspicuousness (as compared with other words, statements, |
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designs, or devices in the labeling) and in such terms as to render |
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it likely to be read and understood by the ordinary individual under |
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customary conditions of purchase and use; |
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(h) if it purports to be or is represented as a food |
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for which a definition and standard of identity has been prescribed |
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by federal regulations or department rules as provided by Section |
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431.245, unless: |
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(1) it conforms to such definition and standard; |
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and |
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(2) its label bears the name of the food |
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specified in the definition and standard, and, in so far as may be |
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required by those regulations or rules, the common names of |
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ingredients, other than spices, flavoring, and coloring, present in |
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such food; |
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(i) if it purports to be or is represented as: |
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(1) a food for which a standard of quality has |
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been prescribed by federal regulations or department rules as |
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provided by Section 431.245, and its quality falls below such |
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standard unless its label bears, in such manner and form as those |
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regulations or rules specify, a statement that it falls below such |
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standard; or |
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(2) a food for which a standard or standards of |
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fill of container have been prescribed by federal regulations or |
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department rules as provided by Section 431.245, and it falls below |
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the standard of fill of container applicable thereto, unless its |
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label bears, in such manner and form as those regulations or rules |
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specify, a statement that it falls below such standard; |
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(j) unless its label bears: |
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(1) the common or usual name of the food, if any; |
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and |
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(2) in case it is fabricated from two or more |
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ingredients, the common or usual name of each such ingredient, and |
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if the food purports to be a beverage containing vegetable or fruit |
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juice, a statement with appropriate prominence on the information |
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panel of the total percentage of the fruit or vegetable juice |
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contained in the food; except that spices, flavorings, and colors |
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not required to be certified under Section 721(c) of the federal |
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Act, other than those sold as such, may be designated as spices, |
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flavorings, and colors, without naming each; provided that, to the |
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extent that compliance with the requirements of this subdivision is |
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impractical or results in deception or unfair competition, |
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exemptions shall be established by department rules; |
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(k) if it purports to be or is represented for special |
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dietary uses, unless its label bears such information concerning |
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its vitamin, mineral, and other dietary properties as the executive |
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commissioner determines to be, and by rule prescribed, as necessary |
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in order to fully inform purchasers as to its value for such uses; |
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(l) if it bears or contains any artificial flavoring, |
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artificial coloring, or chemical preservative, unless it bears |
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labeling stating that fact; provided that, to the extent that |
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compliance with the requirements of this subsection is |
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impracticable, exemptions shall be established by department |
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rules. The provisions of this subsection and Subsections (h) and |
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(j) with respect to artificial coloring do not apply in the case of |
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butter, cheese, and ice cream; |
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(m) if it is a raw agricultural commodity that is the |
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produce of the soil and bears or contains a pesticide chemical |
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applied after harvest, unless the shipping container of the |
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commodity bears labeling that declares the presence of the chemical |
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in or on the commodity and the common or usual name and the function |
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of the chemical, except that the declaration is not required while |
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the commodity, after removal from the shipping container, is being |
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held or displayed for sale at retail out of the container in |
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accordance with the custom of the trade; |
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(n) if it is a product intended as an ingredient of |
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another food and if used according to the directions of the purveyor |
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will result in the final food product being adulterated or |
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misbranded; |
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(o) if it is a color additive, unless its packaging and |
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labeling are in conformity with the packaging and labeling |
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requirements applicable to the color additive as may be contained |
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in regulations issued under Section 721 of the federal Act; |
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(p) if its packaging or labeling is in violation of an |
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applicable regulation issued under Section 3 or 4 of the federal |
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Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473); |
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(q)(1) if it is a food intended for human consumption |
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and is offered for sale, unless its label or labeling bears |
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nutrition information that provides: |
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(A)(i) the serving size that is an amount |
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customarily consumed and that is expressed in a common household |
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measure that is appropriate to the food; or |
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(ii) if the use of the food is not |
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typically expressed in a serving size, the common household unit of |
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measure that expresses the serving size of the food; |
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(B) the number of servings or other units of |
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measure per container; |
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(C) the total number of calories in each |
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serving size or other unit of measure that are: |
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(i) derived from any source; and |
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(ii) derived from fat; |
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(D) the amount of total fat, saturated fat, |
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cholesterol, sodium, total carbohydrates, complex carbohydrates, |
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sugar, dietary fiber, and total protein contained in each serving |
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size or other unit of measure; and |
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(E) any vitamin, mineral, or other nutrient |
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required to be placed on the label and labeling of food under the |
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federal Act; or |
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(2)(A) if it is a food distributed at retail |
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in bulk display cases, or a food received in bulk containers, unless |
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it has nutrition labeling prescribed by the secretary; and |
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(B) if the secretary determines it is |
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necessary, nutrition labeling will be mandatory for raw fruits, |
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vegetables, and fish, including freshwater or marine finfish, |
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crustaceans, mollusks including shellfish, amphibians, and other |
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forms of aquatic animal life, except that: |
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(3)(A) Subdivisions (1) and (2) do not |
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apply to food: |
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(i) that is served in restaurants or |
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other establishments in which food is served for immediate human |
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consumption or that is sold for sale or use in those establishments; |
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(ii) that is processed and prepared |
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primarily in a retail establishment, that is ready for human |
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consumption, that is of the type described in Subparagraph (i), |
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that is offered for sale to consumers but not for immediate human |
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consumption in the establishment, and that is not offered for sale |
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outside the establishment; |
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(iii) that is an infant formula |
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subject to Section 412 of the federal Act; |
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(iv) that is a medical food as defined |
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in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b)); |
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or |
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(v) that is described in Section 405, |
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clause (2), of the federal Act; |
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(B) Subdivision (1) does not apply to the |
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label of a food if the secretary determines by regulation that |
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compliance with that subdivision is impracticable because the |
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package of the food is too small to comply with the requirements of |
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that subdivision and if the label of that food does not contain any |
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nutrition information; |
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(C) if the secretary determines that a food |
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contains insignificant amounts of all the nutrients required by |
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Subdivision (1) to be listed in the label or labeling of food, the |
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requirements of Subdivision (1) do not apply to the food if the |
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label, labeling, or advertising of the food does not make any claim |
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with respect to the nutritional value of the food, provided that if |
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the secretary determines that a food contains insignificant amounts |
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of more than half the nutrients required by Subdivision (1) to be in |
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the label or labeling of the food, the amounts of those nutrients |
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shall be stated in a simplified form prescribed by the secretary; |
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(D) if a person offers food for sale and has |
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annual gross sales made or business done in sales to consumers that |
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is not more than $500,000 or has annual gross sales made or business |
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done in sales of food to consumers that is not more than $50,000, |
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the requirements of this subsection do not apply to food sold by |
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that person to consumers unless the label or labeling of food |
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offered by that person provides nutrition information or makes a |
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nutrition claim; |
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(E) if foods are subject to Section 411 of |
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the federal Act, the foods shall comply with Subdivisions (1) and |
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(2) in a manner prescribed by the rules; and |
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(F) if food is sold by a food distributor, |
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Subdivisions (1) and (2) do not apply if the food distributor |
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principally sells food to restaurants or other establishments in |
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which food is served for immediate human consumption and the food |
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distributor does not manufacture, process, or repackage the food it |
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sells; |
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(r) if it is a food intended for human consumption and |
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is offered for sale, and a claim is made on the label, labeling, or |
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retail display relating to the nutrient content or a nutritional |
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quality of the food to a specific disease or condition of the human |
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body, except as permitted by Section 403(r) of the federal Act; or |
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(s) if it is a food intended for human consumption and |
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its label, labeling, and retail display do not comply with the |
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requirements of Section 403(r) of the federal Act pertaining to |
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nutrient content and health claims. |
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SECTION 3. Subchapter C, Chapter 433, Health and Safety |
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Code, is amended by adding Section 433.0415 to read as follows: |
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Sec. 433.0415. LABELING CELL-CULTURED PRODUCT. (a) In |
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this section, "cell-cultured product" has the meaning assigned by |
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Section 431.0805. |
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(b) A cell-cultured product must be labeled in prominent |
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type of uniform size immediately before the name of the product |
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using one of the following: |
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(1) "cell-cultured"; |
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(2) "lab-grown"; or |
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(3) a similar qualifying term or disclaimer intended |
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to clearly communicate to a consumer the contents of the product. |
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(c) The provisions of this subchapter apply to a |
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cell-cultured product, as applicable. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt any rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |