S.B. No. 664
 
 
 
 
AN ACT
  relating to the labeling of analogue and cell-cultured products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.0805 to read as follows:
         Sec. 431.0805.  DEFINITIONS. In this subchapter:
               (1)  "Analogue product" means a food product derived by
  combining processed plant products, insects, or fungus with food
  additives to approximate the texture, flavor, appearance, or other
  aesthetic qualities or the chemical characteristics of any specific
  type of egg, egg product, fish, meat, meat food product, poultry, or
  poultry product.
               (2)  "Cell-cultured product" means a food product
  derived by harvesting animal cells and artificially replicating
  those cells in a growth medium in a laboratory to produce tissue.
               (3)  "Close proximity" means:
                     (A)  immediately before or after the name of the
  product;
                     (B)  in the line of the label immediately before
  or after the line containing the name of the product; or
                     (C)  within the same phrase or sentence containing
  the name of the product.
               (4)  "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 an analogue product or a cell-cultured product.
               (5)  "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 an analogue product or a cell-cultured
  product.
               (6)  "Fish" has the meaning assigned by Section 403 of
  the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not
  include an analogue product or a cell-cultured product.
               (7)  "Meat" has the meaning assigned by 9 C.F.R.
  Section 301.2. The term does not include an analogue product or a
  cell-cultured product.
               (8)  "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 an analogue product or a
  cell-cultured product.
               (9)  "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 an analogue product or a cell-cultured
  product.
               (10)  "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 an analogue product or a
  cell-cultured product.
         SECTION 2.  Section 431.082, Health and Safety Code, is
  amended to read as follows:
         Sec. 431.082.  MISBRANDED FOOD. A food shall be deemed to be
  misbranded:
               (a)  if its labeling is false or misleading in any
  particular or fails to conform with the requirements of Section
  431.181;
               (b)  if, in the case of a food to which Section 411 of
  the federal Act applies, its advertising is false or misleading in a
  material respect or its labeling is in violation of Section
  411(b)(2) of the federal Act;
               (c)  if it is offered for sale under the name of another
  food;
               (d)  if it is an imitation of another food, unless its
  label bears, in prominent type of uniform size, the word
  "imitation" and immediately thereafter the name of the food
  imitated;
               (d-1)  if it is an analogue product of meat, a meat food
  product, poultry, a poultry product, an egg product, or fish,
  unless its label bears in prominent type equal to or greater in size
  than the surrounding type and in close proximity to the name of the
  product one of the following:
                     (1)  "analogue";
                     (2)  "meatless";
                     (3)  "plant-based";
                     (4)  "made from plants"; or
                     (5)  a similar qualifying term or disclaimer
  intended to clearly communicate to a consumer the contents of the
  product;
               (e)  if its container is so made, formed, or filled as
  to be misleading;
               (f)  if in package form unless it bears a label
  containing:
                     (1)  the name and place of business of the
  manufacturer, packer, or distributor; and
                     (2)  an accurate statement, in a uniform location
  on the principal display panel of the label, of the quantity of the
  contents in terms of weight, measure, or numerical count; provided,
  that under this subsection reasonable variations shall be
  permitted, and exemptions as to small packages shall be
  established, by department rules;
               (g)  if any word, statement, or other information
  required by or under the authority of this chapter to appear on the
  label or labeling is not prominently placed thereon with such
  conspicuousness (as compared with other words, statements,
  designs, or devices in the labeling) and in such terms as to render
  it likely to be read and understood by the ordinary individual under
  customary conditions of purchase and use;
               (h)  if it purports to be or is represented as a food
  for which a definition and standard of identity has been prescribed
  by federal regulations or department rules as provided by Section
  431.245, unless:
                     (1)  it conforms to such definition and standard;
  and
                     (2)  its label bears the name of the food
  specified in the definition and standard, and, in so far as may be
  required by those regulations or rules, the common names of
  ingredients, other than spices, flavoring, and coloring, present in
  such food;
               (i)  if it purports to be or is represented as:
                     (1)  a food for which a standard of quality has
  been prescribed by federal regulations or department rules as
  provided by Section 431.245, and its quality falls below such
  standard unless its label bears, in such manner and form as those
  regulations or rules specify, a statement that it falls below such
  standard; or
                     (2)  a food for which a standard or standards of
  fill of container have been prescribed by federal regulations or
  department rules as provided by Section 431.245, and it falls below
  the standard of fill of container applicable thereto, unless its
  label bears, in such manner and form as those regulations or rules
  specify, a statement that it falls below such standard;
               (j)  unless its label bears:
                     (1)  the common or usual name of the food, if any;
  and
                     (2)  in case it is fabricated from two or more
  ingredients, the common or usual name of each such ingredient, and
  if the food purports to be a beverage containing vegetable or fruit
  juice, a statement with appropriate prominence on the information
  panel of the total percentage of the fruit or vegetable juice
  contained in the food; except that spices, flavorings, and colors
  not required to be certified under Section 721(c) of the federal
  Act, other than those sold as such, may be designated as spices,
  flavorings, and colors, without naming each; provided that, to the
  extent that compliance with the requirements of this subdivision is
  impractical or results in deception or unfair competition,
  exemptions shall be established by department rules;
               (k)  if it purports to be or is represented for special
  dietary uses, unless its label bears such information concerning
  its vitamin, mineral, and other dietary properties as the executive
  commissioner determines to be, and by rule prescribed, as necessary
  in order to fully inform purchasers as to its value for such uses;
               (l)  if it bears or contains any artificial flavoring,
  artificial coloring, or chemical preservative, unless it bears
  labeling stating that fact; provided that, to the extent that
  compliance with the requirements of this subsection is
  impracticable, exemptions shall be established by department
  rules. The provisions of this subsection and Subsections (h) and
  (j) with respect to artificial coloring do not apply in the case of
  butter, cheese, and ice cream;
               (m)  if it is a raw agricultural commodity that is the
  produce of the soil and bears or contains a pesticide chemical
  applied after harvest, unless the shipping container of the
  commodity bears labeling that declares the presence of the chemical
  in or on the commodity and the common or usual name and the function
  of the chemical, except that the declaration is not required while
  the commodity, after removal from the shipping container, is being
  held or displayed for sale at retail out of the container in
  accordance with the custom of the trade;
               (n)  if it is a product intended as an ingredient of
  another food and if used according to the directions of the purveyor
  will result in the final food product being adulterated or
  misbranded;
               (o)  if it is a color additive, unless its packaging and
  labeling are in conformity with the packaging and labeling
  requirements applicable to the color additive as may be contained
  in regulations issued under Section 721 of the federal Act;
               (p)  if its packaging or labeling is in violation of an
  applicable regulation issued under Section 3 or 4 of the federal
  Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472 or 1473);
               (q)(1)  if it is a food intended for human consumption
  and is offered for sale, unless its label or labeling bears
  nutrition information that provides:
                           (A)(i)  the serving size that is an amount
  customarily consumed and that is expressed in a common household
  measure that is appropriate to the food; or
                                 (ii)  if the use of the food is not
  typically expressed in a serving size, the common household unit of
  measure that expresses the serving size of the food;
                           (B)  the number of servings or other units of
  measure per container;
                           (C)  the total number of calories in each
  serving size or other unit of measure that are:
                                 (i)  derived from any source; and
                                 (ii)  derived from fat;
                           (D)  the amount of total fat, saturated fat,
  cholesterol, sodium, total carbohydrates, complex carbohydrates,
  sugar, dietary fiber, and total protein contained in each serving
  size or other unit of measure; and
                           (E)  any vitamin, mineral, or other nutrient
  required to be placed on the label and labeling of food under the
  federal Act; or
                           (2)(A)  if it is a food distributed at retail
  in bulk display cases, or a food received in bulk containers, unless
  it has nutrition labeling prescribed by the secretary; and
                           (B)  if the secretary determines it is
  necessary, nutrition labeling will be mandatory for raw fruits,
  vegetables, and fish, including freshwater or marine finfish,
  crustaceans, mollusks including shellfish, amphibians, and other
  forms of aquatic animal life, except that:
                           (3)(A)  Subdivisions (1) and (2) do not
  apply to food:
                                 (i)  that is served in restaurants or
  other establishments in which food is served for immediate human
  consumption or that is sold for sale or use in those establishments;
                                 (ii)  that is processed and prepared
  primarily in a retail establishment, that is ready for human
  consumption, that is of the type described in Subparagraph (i),
  that is offered for sale to consumers but not for immediate human
  consumption in the establishment, and that is not offered for sale
  outside the establishment;
                                 (iii)  that is an infant formula
  subject to Section 412 of the federal Act;
                                 (iv)  that is a medical food as defined
  in Section 5(b) of the Orphan Drug Act (21 U.S.C. Section 360ee(b));
  or
                                 (v)  that is described in Section 405,
  clause (2), of the federal Act;
                           (B)  Subdivision (1) does not apply to the
  label of a food if the secretary determines by regulation that
  compliance with that subdivision is impracticable because the
  package of the food is too small to comply with the requirements of
  that subdivision and if the label of that food does not contain any
  nutrition information;
                           (C)  if the secretary determines that a food
  contains insignificant amounts of all the nutrients required by
  Subdivision (1) to be listed in the label or labeling of food, the
  requirements of Subdivision (1) do not apply to the food if the
  label, labeling, or advertising of the food does not make any claim
  with respect to the nutritional value of the food, provided that if
  the secretary determines that a food contains insignificant amounts
  of more than half the nutrients required by Subdivision (1) to be in
  the label or labeling of the food, the amounts of those nutrients
  shall be stated in a simplified form prescribed by the secretary;
                           (D)  if a person offers food for sale and has
  annual gross sales made or business done in sales to consumers that
  is not more than $500,000 or has annual gross sales made or business
  done in sales of food to consumers that is not more than $50,000,
  the requirements of this subsection do not apply to food sold by
  that person to consumers unless the label or labeling of food
  offered by that person provides nutrition information or makes a
  nutrition claim;
                           (E)  if foods are subject to Section 411 of
  the federal Act, the foods shall comply with Subdivisions (1) and
  (2) in a manner prescribed by the rules; and
                           (F)  if food is sold by a food distributor,
  Subdivisions (1) and (2) do not apply if the food distributor
  principally sells food to restaurants or other establishments in
  which food is served for immediate human consumption and the food
  distributor does not manufacture, process, or repackage the food it
  sells;
               (r)  if it is a food intended for human consumption and
  is offered for sale, and a claim is made on the label, labeling, or
  retail display relating to the nutrient content or a nutritional
  quality of the food to a specific disease or condition of the human
  body, except as permitted by Section 403(r) of the federal Act; or
               (s)  if it is a food intended for human consumption and
  its label, labeling, and retail display do not comply with the
  requirements of Section 403(r) of the federal Act pertaining to
  nutrient content and health claims.
         SECTION 3.  Subchapter C, Chapter 433, Health and Safety
  Code, is amended by adding Section 433.0415 to read as follows:
         Sec. 433.0415.  LABELING CELL-CULTURED PRODUCT. (a) In
  this section:
               (1)  "Cell-cultured product" has the meaning assigned
  by Section 431.0805.
               (2)  "Close proximity" means:
                     (A)  immediately before or after the name of the
  product;
                     (B)  in the line of the label immediately before
  or after the line containing the name of the product; or
                     (C)  within the same phrase or sentence containing
  the name of the product.
         (b)  A cell-cultured product must be labeled in prominent
  type equal to or greater in size than the surrounding type and in
  close proximity to the name of the product using one of the
  following:
               (1)  "cell-cultured";
               (2)  "lab-grown"; or
               (3)  a similar qualifying term or disclaimer intended
  to clearly communicate to a consumer the contents of the product.
         (c)  The provisions of this subchapter apply to a
  cell-cultured product, as applicable.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt any rules necessary to implement
  the changes in law made by this Act.
         SECTION 5.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 664 passed the Senate on
  April 20, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 664 passed the House on
  May 2, 2023, by the following vote:  Yeas 140, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor