S.B. No. 261

AN ACT

relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 431.002, Health and Safety Code, is amended by adding Subdivision (5-a) to read as follows:

(5-a) "Cell-cultured protein" means a food product derived from harvesting animal cells and artificially replicating those cells in a growth medium to produce tissue.

SECTION 2. Subchapter B, Chapter 431, Health and Safety Code, is amended by adding Section 431.02105 to read as follows:

Sec. 431.02105. PROHIBITED ACT; TEMPORARY PROVISION. (a) The offering for sale or sale of cell-cultured protein for human consumption within this state is unlawful and prohibited.

(b) A violation of this section may be enforced in the same manner as a violation of Section 431.021 is enforced under Subchapter C.

(c) This section expires September 1, 2027.

SECTION 3. Sections 431.0805(4), (5), (6), (7), (8), (9), and (10), Health and Safety Code, are amended to read as follows:

(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 protein [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 protein [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 protein [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 protein [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 protein [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 protein [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 protein [product].

SECTION 4. Section 433.0415, Health and Safety Code, is amended to read as follows:

Sec. 433.0415. LABELING CELL-CULTURED PROTEIN [PRODUCT]. (a) In this section:

(1) "Cell-cultured protein [product]" has the meaning assigned by Section 431.002 [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) Cell-cultured protein [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 protein [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 protein [product].

(c) The provisions of this subchapter apply to [a] cell-cultured protein [product], as applicable.

SECTION 5. Subchapter D, Chapter 433, Health and Safety Code, is amended by adding Section 433.057 to read as follows:

Sec. 433.057. PROHIBITION ON CELL-CULTURED PROTEIN; TEMPORARY PROVISION. (a) In this section, "cell-cultured protein" has the meaning assigned by Section 431.002.

(b) A person may not offer for sale or sell cell-cultured protein for human consumption.

(c) To the extent another state law conflicts with this section, this section controls.

(d) This section expires September 1, 2027.

SECTION 6. Section 431.0805(2), Health and Safety Code, is repealed.

SECTION 7. 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 8. This Act takes effect September 1, 2025.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 261 passed the Senate on May 12, 2025, by the following vote: Yeas 26, Nays 4; and that the Senate concurred in House amendment on May 28, 2025, by the following vote: Yeas 27, Nays 4.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 261 passed the House, with amendment, on May 25, 2025, by the following vote: Yeas 99, Nays 36, three present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor