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.