Relating to certain prohibited acts with respect to cell-cultured protein for human consumption.

89(R) HB 1431 - House Committee Report version - Bill Text

89R26066 SRA-F

By: Gerdes, Kitzman, VanDeaver,

H.B. No. 1431

Bell of Kaufman, Dean, et al.

Substitute the following for H.B. No. 1431:

By: VanDeaver

C.S.H.B. No. 1431

A BILL TO BE ENTITLED

AN ACT

relating to certain prohibited acts with respect to cell-cultured

protein for human consumption.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 431.002, Health and Safety Code, is

amended by adding Subdivision (5-a) to read as follows:

(5-a)

"Cell-cultured protein" means a food product

derived from harvesting animal cells and artificially replicating

those cells in a growth medium to produce tissue.

SECTION 2. Subchapter B, Chapter 431, Health and Safety

Code, is amended by adding Section 431.02105 to read as follows:

Sec.

431.02105.

PROHIBITED ACT; TEMPORARY PROVISION. (a)

The offering for sale or sale of cell-cultured protein for human

consumption within this state is unlawful and prohibited.

(b)

A violation of this section may be enforced in the same

manner as a violation of Section 431.021 is enforced under

Subchapter C.

(c) This section expires September 1, 2027.

SECTION 3. Sections 431.0805(4), (5), (6), (7), (8), (9),

and (10), Health and Safety Code, are amended to read as follows:

(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
protein

[
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

protein
[
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
protein
[
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
protein
[
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
protein
[
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

protein
[
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
protein
[
product
].

SECTION 4. Subchapter D, Chapter 431, Health and Safety

Code, is amended by adding Section 431.0815 to read as follows:

Sec.

431.0815.

ADULTERATED FOOD; TEMPORARY PROVISION. (a) A

food shall be deemed to be adulterated if the food contains, in

whole or in part, cell-cultured protein.

(b) This section expires September 1, 2027.

SECTION 5. Section 433.0415, Health and Safety Code, is

amended to read as follows:

Sec. 433.0415. LABELING CELL-CULTURED
PROTEIN
[
PRODUCT
].

(a) In this section:

(1) "Cell-cultured
protein
[
product
]" has the meaning

assigned by Section
431.002
[
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)
Cell-cultured protein
[
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
protein

[
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
protein

[
product
].

(c) The provisions of this subchapter apply to [
a
]

cell-cultured
protein
[
product
], as applicable.

SECTION 6. Subchapter D, Chapter 433, Health and Safety

Code, is amended by adding Section 433.057 to read as follows:

Sec.

433.057.

PROHIBITION ON CELL-CULTURED PROTEIN;

TEMPORARY PROVISION. (a) In this section, "cell-cultured protein"

has the meaning assigned by Section 431.002.

(b)

A person may not offer for sale or sell cell-cultured

protein for human consumption.

(c)

To the extent another state law conflicts with this

section, this section controls.

(d) This section expires September 1, 2027.

SECTION 7. Section 431.0805(2), Health and Safety Code, is

repealed.

SECTION 8. 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 9. This Act takes effect September 1, 2025.