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.