85R10737 DMS-F     By: Alvarado H.B. No. 2023       A BILL TO BE ENTITLED   AN ACT   relating to the labeling of genetically modified food; authorizing   a civil penalty.          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 442 to read as follows:   CHAPTER 442. LABELING OF GENETICALLY MODIFIED FOOD          Sec. 442.001.  DEFINITIONS. In this chapter:                (1)  "Department" means the Department of State Health   Services.                (2)  "DNA" means deoxyribonucleic acid.                (3)  "Enzyme" means a protein that catalyzes chemical   reactions of other substances without being destroyed or altered on   completion of the reactions.                 (4)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.                (5)  "Food" means food intended for human consumption.                (6)  "Genetic engineering" means a process by which a   food is produced from an organism in which the genetic material has   been changed through the application of:                      (A)  in vitro nucleic acid techniques, including   recombinant DNA or RNA techniques, the direct injection of nucleic   acid into cells or organelles, encapsulation, gene deletion, and   doubling; or                      (B)  methods of fusing cells beyond the taxonomic   family that overcome natural physiological, reproductive, or   recombination barriers and that are not methods used in traditional   breeding and selection such as conjugation, transduction, or   hybridization.                (7)  "In vitro nucleic acid techniques" means   techniques that use vector systems, including recombinant DNA or   RNA techniques, and techniques that involve the direct introduction   into an organism of hereditary materials prepared outside the   organism, including micro-injection, chemoporation,   electroporation, micro-encapsulation, and liposome fusion.                 (8)  "Manufacturer" means a food manufacturer, as   defined by Section 431.221.                 (9)  "Organism" means any biological entity capable of   replicating, reproducing, or transferring genetic material.                 (10)  "Processed food" means any food other than a raw   agricultural commodity, including any food produced from a raw   agricultural commodity that has been subjected to processing such   as canning, smoking, pressing, cooking, freezing, dehydrating,   fermenting, or milling.                 (11)  "Processing aid" means a substance that is added   to a food:                       (A)  during the processing of the food, but that   is removed in some manner from the food before the food is packaged   in a finished form;                       (B)  during processing, is converted into   constituents normally present in the food, and does not   significantly increase the amount of the constituents naturally   found in the food; or                       (C)  for the substance's technical or functional   effect in the processing, but is present in the finished food at   levels that do not have a technical or functional effect in that   finished food.                 (12)  "Raw agricultural commodity" has the meaning   assigned by Section 431.002.                 (13)  "RNA" means ribonucleic acid.          Sec. 442.002.  LABELING OF FOOD PRODUCED WITH GENETIC   ENGINEERING. (a) Except as provided by Section 442.003, food   offered for sale by a retailer shall be labeled as produced entirely   or in part from genetic engineering if the food is:                 (1)  offered for sale in this state; and                (2)  entirely or partially produced with genetic   engineering.           (b)  A food that is required to be labeled under Subsection   (a) must be labeled as follows:                 (1)  a manufacturer shall label a packaged raw   agricultural commodity with the clear and conspicuous words   "produced with genetic engineering";                (2)  a retailer shall label a raw agricultural   commodity that is not separately packaged by posting a label on the   retail store shelf or bin in which the commodity is displayed for   sale with the clear and conspicuous words "produced with genetic   engineering"; and                (3)  a manufacturer shall label the package of a   processed food that contains a product of genetic engineering by   labeling the package with the words "partially produced with   genetic engineering," "may be produced with genetic engineering,"   or "produced with genetic engineering."           (c)  A manufacturer of a food produced entirely or in part   from genetic engineering may not label the product on the package,   in signage, or in advertising as "natural," "naturally made,"   "naturally grown," "all natural," or any other words that may   mislead a consumer.           (d)  This section does not require:                 (1)  the listing or identification of any ingredient   that was genetically engineered; or                (2)  the placement of the term "genetically engineered"   immediately preceding any common name or primary product descriptor   of a food.           Sec. 442.003.  APPLICABILITY OF CHAPTER. This chapter does   not apply to:                 (1)  food consisting entirely of an animal, or derived   entirely from an animal, that has not been produced with genetic   engineering, regardless of whether the animal has been fed or   injected with any food, drug, or other substance produced with   genetic engineering;                 (2)  a raw agricultural commodity or processed food   derived from a raw agricultural commodity that has been grown,   raised, or produced without genetic engineering, that is   accompanied by a sworn statement described by Section 442.004;                (3)  a processed food that would otherwise be subject   to the labeling requirements of Section 442.002 solely because the   food includes a processing aid or enzyme produced with genetic   engineering;                 (4)  an alcoholic beverage, as defined by Section 1.04,   Alcoholic Beverage Code;                 (5)  a processed food that would otherwise be subject   to the labeling requirements of Section 442.002 solely because the   food includes a material that has been produced with genetic   engineering, if the genetically engineered materials in the   aggregate do not account for more than 0.9 percent of the total   weight of the processed food;                (6)  food that an independent organization, approved   under Section 442.005(b), has verified was not knowingly or   intentionally produced from or commingled with food or seed   produced with genetic engineering;                 (7)  food that is certified as organic under the   national organic program, as defined by Section 18.001, Agriculture   Code;                (8)  food that is not packaged for retail sale and that   is:                       (A)  a processed food prepared and intended for   immediate human consumption; or                      (B)  served, sold, or otherwise provided in any   restaurant or other food establishment that is primarily engaged in   the sale of food prepared and intended for immediate human   consumption;                (9)  medical food as defined in Section 5(b) of the   Orphan Drug Act (21 U.S.C. Section 360ee(b)); or                (10)  milk or a milk product subject to Chapter 435.          Sec. 442.004.  SWORN STATEMENT. For the purpose of this   chapter, a manufacturer or retailer may rely on a sworn statement   made by the person who sells a raw agricultural commodity or   processed food to the manufacturer or retailer that states the   commodity or food has not knowingly been produced with genetic   engineering and has not been commingled with food that may have been   produced with genetic engineering.          Sec. 442.005.  POWERS AND DUTIES. (a) The executive   commissioner may adopt rules necessary to implement this chapter.          (b)  The department shall publish a list of approved   independent organizations that may verify that a food has not been   knowingly produced with genetic engineering.           Sec. 442.006.  CIVIL PENALTY. (a) A manufacturer or   retailer that violates Section 442.002 is liable to the state for a   civil penalty of not more than $1,000 for each uniquely named,   designated, or marketed product that is not in compliance with the   labeling requirements of that section, regardless of the number of   individually labeled products. Each day of a continuing violation   constitutes a separate violation.           (b)  A person who falsely states that a raw agricultural   product or processed food has not knowingly been produced with   genetic engineering and has not been commingled with food that may   have been produced with genetic engineering in a sworn statement   described by Section 442.004 is liable for a civil penalty of not   more than $2,500 for each false sworn statement.          (c)  The attorney general may sue to collect the penalties   under this section.          Sec. 442.007.  RETAILER LIABILITY. (a) A retailer may not be   held liable under Section 442.006(a) for the failure to label a   processed food as required by Section 442.002, unless the retailer   is the producer or manufacturer of the processed food.          (b)  A retailer may not be held liable under Section   442.006(a) for the failure to label a raw agricultural product as   required by Section 442.002, if not later than 30 days after the   date the retailer is notified of a violation of Section 442.002, the   retailer obtains a sworn statement described by Section 442.004.          SECTION 2.  This Act takes effect September 1, 2018.