87R16759 JG-F     By: Buckley, Harris, Smith, Rogers, H.B. No. 316       González of El Paso, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the advertising and labeling of certain food products.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 433.003, Health and Safety Code, is   amended by amending Subdivisions (1), (20), and (21) and adding   Subdivisions (1-a), (1-b), (1-c), (2-a), (11-a), (13-a), and (19-a)   to read as follows:                (1)  "Advertising" has the meaning assigned by Section   431.002.                (1-a)  "Analogue product" means a food product derived   by combining processed plant products, insects, or fungus with   additives to approximate the texture, flavor, appearance, or other   aesthetic qualities or the chemical characteristics of any specific   type of meat, meat food product, poultry, or poultry product.                (1-b)  "Animal food manufacturer" means a person in the   business of manufacturing or processing animal food any part of   which is derived from a carcass, or a part or product of a carcass,   of livestock.                (1-c)  "Beef" means any edible portion of a formerly   live and whole cattle carcass. The term includes any commonly   understood variation or abbreviation of the term. The term does not   include a cell-cultured, plant-based, or insect-based food   product.                (2-a)  "Cell-cultured product" means a food product   derived by engineering muscle tissue fibers from animal cells in a   laboratory or similar setting.                (11-a)  "Meat" means the part of the muscle of cattle,   sheep, swine, or goats that is skeletal or is found in the tongue,   diaphragm, heart, or esophagus, with or without the accompanying   and overlying fat, and the portions of bone, including bone-in   products, skin, sinew, nerve, and blood vessels that normally   accompany the muscle tissue and that are not separated from it in   the process of dressing. The term has a comparable meaning as   applied to equine food products. The term does not include:                      (A)  muscle found in the lips, snout, or ears;                      (B)  animal tissue containing significant   portions of bone, including hard bone and related components, such   as bone marrow, or any amount of brain, trigeminal ganglia, spinal   cord, or dorsal root ganglia; or                      (C)  cell-cultured, plant-based, or insect-based   food products.                (13-a)  "Misleading" means the use of a false or   deceptive oral or written statement, advertisement, label,   display, picture, illustration, or sample.                (19-a)  "Pork" means any edible portion of a formerly   live and whole swine carcass. The term includes any commonly   understood variation or abbreviation of the term. The term does not   include a cell-cultured, plant-based, or insect-based food   product.                (20)  "Poultry" means any [a] live or dead domesticated   bird, including chickens, turkeys, ducks, geese, guineas, ratites,   or squabs.                (21)  "Poultry product" means any [a] poultry carcass,   part of a poultry carcass, or [a] product [any part of which is]   made wholly or partly from a poultry carcass or part of a poultry   carcass. Unless the context requires otherwise, the term includes   only articles capable of use as human food. The term does not   include [, except a product that]:                      (A)  a cell-cultured, plant-based, or   insect-based food product [contains poultry ingredients only in a   relatively small proportion or that historically has not been   considered by consumers as a product of the poultry food industry];   or [and]                      (B)  a product that is exempted from the   definition of poultry product under 9 C.F.R. Section 381.15 [by   department rule under conditions assuring that the poultry   ingredients in the product are unadulterated and that the product   is not represented as a poultry product].          SECTION 2.  Section 433.005, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (d) to   read as follows:          (a)  A livestock, [or] poultry product, analogue product, or   cell-cultured product is misbranded if:                (1)  any part of its labeling is false or misleading;                (2)  it is offered for sale under the name of another   food;                (3)  it is an imitation of another food, unless its   label bears, in prominent type of uniform size, the word   "imitation" immediately followed by the name of the food imitated;                (4)  its container is made, formed, or filled so as to   be misleading;                (5)  except as provided by Subsection (b), it does not   bear a label showing:                      (A)  the manufacturer's, packer's, or   distributor's name and place of business; and                      (B)  an accurate statement of the quantity of the   product by weight, measure, or numerical count;                (6)  a 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 on the label or labeling in   sufficient terms and with sufficient conspicuousness, compared   with other words, statements, designs, or devices in the label or   labeling, to make it likely to be read and understood by the   ordinary individual under customary conditions of purchase and use;                (7)  it purports to be or is represented as a food for   which a definition and standard of identity or composition has been   prescribed by department rule under Section 433.043 unless:                      (A)  it conforms to the definition and standard;   or                      (B)  its label bears:                            (i)  the name of the food specified in the   definition and standard; and                            (ii)  to the extent required by department   rule, the common names of optional ingredients present in the food,   other than spices, flavoring, and coloring;                (8)  it purports to be or is represented as a food for   which a standard of fill of container has been prescribed by   department rule under Section 433.043 and the food does not meet the   standard of fill of container, unless its label bears, in the manner   and form prescribed by department rule, a statement that it does not   meet the standard;                (9)  except as provided by Subsection (c), it does not   purport to be or is not represented as a food for which a standard of   identity or composition has been prescribed by department rule   unless its label bears:                      (A)  any common or usual name of the food; and                      (B)  if it is fabricated from two or more   ingredients, the common or usual name of each ingredient;                (10)  it purports to be or is represented for special   dietary uses and its label does not bear the information concerning   its vitamin, mineral, and other dietary properties that the   department, after the executive commissioner or department   consults with the United States Secretary of Agriculture, has   determined, and the executive commissioner has prescribed by rule,   to be necessary to fully inform purchasers of its value for those   uses;                (11)  it bears or contains artificial flavoring,   artificial coloring, or a chemical preservative unless it bears   labeling stating that fact, except as otherwise prescribed by   department rule for situations in which compliance with this   subdivision is impracticable; [or]                (12)  it does not bear on itself or its container, as   prescribed by department rule:                      (A)  the inspection legend and establishment   number of the establishment in which the product was prepared; and                      (B)  notwithstanding any other provision of this   section, other information required by department rule to assure   that the product will not have false or misleading labeling and that   the public will be informed of the manner of handling required to   keep the product in wholesome condition;                (13)  for an analogue product of meat, a meat food   product, poultry, or a poultry product, its label does not bear in   prominent type of uniform size immediately before the name of the   product any of the following terms:                      (A)  "analogue";                      (B)  "meatless";                      (C)  "plant-based";                      (D)  "made from plants"; or                      (E)  a similar qualifying term or disclaimer   intended to clearly communicate to a consumer the contents of the   product; or                (14)  for a cell-cultured product, its label does not   bear in prominent type of uniform size immediately before the name   of the product any of the following terms:                      (A)  "cell-cultured"; or                      (B)  "lab-grown".          (d)  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, image, device, sound, or any combination of these;   and                (2)  the extent to which the labeling or advertising   suggests the food is:                      (A)  authentic meat or poultry if the food is not   meat or poultry;                      (B)  a meat product or poultry product if the food   is not a meat product or poultry product; or                      (C)  derived from livestock in any form if the   food is not derived from livestock.          SECTION 3.  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 the   changes in law made by this Act.          SECTION 4.  This Act takes effect September 1, 2021.