SB261 - Relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties.

      S.B. No. 261         AN ACT   relating to a prohibition on the offering for sale and the sale of   cell-cultured protein for human consumption; providing civil and   criminal penalties.          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.  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 5.  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 6.  Section 431.0805(2), Health and Safety Code, is   repealed.          SECTION 7.  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 8.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 261 passed the Senate on   May 12, 2025, by the following vote: Yeas 26, Nays 4; and that the   Senate concurred in House amendment on May 28, 2025, by the   following vote: Yeas 27, Nays 4.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 261 passed the House, with   amendment, on May 25, 2025, by the following vote: Yeas 99,   Nays 36, three present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor