By: Buckley H.B. No. 316       A BILL TO BE ENTITLED   AN ACT   relating to the advertising and labeling of certain meat food   products.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is   amended by adding Chapter 433A to read as follows:   CHAPTER 433A. TEXAS MEAT AND IMITATION FOOD ACT          Sec. 433A.0001.  DEFINITIONS. In this chapter:                (1)  "Advertising" means a representation disseminated   in any manner or by any means, other than by labeling, for the   purpose of inducing, or that is likely to induce, directly or   indirectly, the purchase of food.                (2)  "Beef" means any edible portion of a formerly live   and whole cattle carcass, not derived by synthetic or artificial   means.                (3)  "Chicken" means any edible portion of a formerly   live and whole poultry carcass, not derived by synthetic or   artificial means.                (4)  "Food" means:                      (A)  articles used for human food or drink; and                      (B)  articles used as components for those   articles.                (5)  "Label" means a display of written, printed, or   other graphic matter on an article or the immediate container,   other than a package liner, of an article.                (6)  "Labeling" means:                      (A)  a label; or                      (B)  other written, printed, or graphic material   on an article or any container or wrapper of an article, or   accompanying an article.                (7)  "Livestock" means cattle, sheep, swine, goats, and   poultry.                (8)  "Meat" means any edible portion of a livestock   carcass that does not contain lab-grown, cell cultured, insect, or   plant-based food products.                (9)  "Misrepresent" means the use of a false,   misleading, or deceptive oral or written statement, advertisement,   label, display, picture, illustration, or sample.                (10)  "Pork" means any edible portion of a formerly   live and whole swine carcass, not derived by synthetic or   artificial means.          Sec. 433A.0002.  RULES. The executive commissioner shall   adopt rules as necessary to implement and enforce this chapter. A   violation of a rule adopted under this chapter is a violation of   this chapter.          Sec. 433A.0003.  MISBRANDED FOOD. A food advertised or   labeled as containing or imitating meat shall be considered   misbranded if:                (1)  any part of its labeling is false or misleading;                (2)  the food is misrepresented as harvested meat   through the use of any misleading or deceptive advertising or   labeling;                (3)  any portion of the food's advertising or labeling   suggests or implies that the food imitates meat, beef, chicken, or   pork when the food does not;                (4)  the food includes a label stating "meat," "beef,"    "chicken," "pork," or any common variation of those terms, if the   food does not contain the products listed on the label; and                (5)  the food's label includes a claim comparing the   food's nutritional value to that of meat without disclosing the   human benefit of the food.          Sec. 433A.0004.  DETERMINATION OF MISLEADING LABELING OR   ADVERTISING. If a food is alleged to be misbranded because the   labeling or advertising is misleading, the department in   determining whether the labeling or advertising is misleading shall   consider, among other characteristics:                (1)  a representation made or suggested by a statement,   word, design, device, sound, or any combination of these; and                (2)  the extent to which the labeling or advertising   suggests the food is:                      (A)  authentic meat;                      (B)  a meat product; or                      (C)  derived from livestock in any form.          Sec. 433A.0005.  CERTAIN ACTIVITIES PROHIBITED. A person   may not:                (1)  adulterate or misbrand food that is subject to   this chapter;                (2)  introduce or deliver for introduction into   commerce food that is adulterated or misbranded under this chapter;   or                (3)  receive in commerce any food that is adulterated   or misbranded under this chapter with the intent to deliver or   introduce the food into commerce for payment.          Sec. 433A.0006.  INJUNCTION. (a) The department, or   attorney general on the department's request, may petition a   district court for a temporary restraining order to restrain a   continuing violation of this chapter or a threat of a continuing   violation of this chapter if the department finds that:                (1)  a person has violated, is violating, or is   threatening to violate this chapter; and                (2)  the violation or threatened violation creates an   immediate threat to public health and safety.          (b)  A district court, on petition of the department or   attorney general, and on a finding by the court that a person is   violating or threatening to violate this chapter, shall grant any   injunctive relief warranted by the facts.          (c)  Venue for a suit brought under this section is in the   county in which the violation or threat of violation is alleged to   have occurred or in Travis County.          (d)  The department and the attorney general may each recover   reasonable expenses incurred in obtaining injunctive relief under   this section, including investigative costs, court costs,   reasonable attorney's fees, witness fees, and deposition expenses.   The expenses recovered by the department may be used by the   department for the administration and enforcement of this chapter.   The expenses recovered by the attorney general may be used by the   attorney general.          Sec. 433A.0007.  DETAINED, EMBARGOED, OR REMOVED FOOD. (a)   The department shall affix to a food subject to this chapter a tag   or other appropriate marking that gives notice that the food is, or   is suspected of being, adulterated or misbranded under this chapter   and that the food has been detained or embargoed if the department   finds or has probable cause to believe that the food:                (1)  is adulterated under this chapter;                (2)  is misbranded in a manner that renders the food   dangerous or fraudulent under this chapter; or                (3)  violates Section 433A.0005.          (b)  The tag or marking on a detained or embargoed food must   warn persons not to use the food, remove the food from the premises,   or dispose of the food by sale or otherwise until the department or   a court grants permission for the use, removal, or disposal of the   food.          (c)  A person may not use a detained or embargoed food,   remove a detained or embargoed food from the premises, or dispose of   a detained or embargoed food by sale or otherwise without   permission of the department or a court. The department may allow   perishable foods to be moved to a place suitable for storage.          (d)  The department shall remove the tag or other marking   from an embargoed or detained food if the department finds that the   food is not adulterated or misbranded under this chapter.          (e)  If the claimant of the detained or embargoed food or the   claimant's agent fails or refuses to transfer the food to a secure   place after the tag or other appropriate marking has been affixed as   provided by this section, the department may order the food   transferred to one or more secure storage areas to prevent the   unauthorized use, removal, or disposal of the food.          Sec. 433A.0008.  CORRECTION OF VIOLATION. (a) A court may   order the delivery of a sampled food or a detained or embargoed food   that is adulterated or misbranded under this chapter to the   claimant of the food for labeling or processing under the   supervision of the department if:                (1)  the court orders the delivery in a suit   challenging the detention or embargo;                (2)  the costs, fees, and expenses of the suit have been   paid;                (3)  the adulteration or misbranding can be corrected   by proper labeling or processing; and                (4)  a good and sufficient bond, conditioned on the   correction of the adulteration or misbranding by proper labeling or   processing, has been executed.          (b)  The claimant shall pay the costs of the supervision   under this section.          (c)  The court shall order the food returned to the claimant   and the bond discharged on the department's representation to the   court that the food no longer violates this chapter and that the   expenses of the supervision are paid.          SECTION 2.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules as necessary to implement   Chapter 433A, Health and Safety Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2021.