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