Sec. 431.245. DEFINITION OR STANDARD OF IDENTITY, QUALITY, OR FILL OF CONTAINER. (a) A definition or standard of identity, quality, or fill of container of the federal Act is a definition or standard of identity, quality, or fill of container in this chapter, except as modified by department rules.
(b) The executive commissioner by rule may establish definitions and standards of identity, quality, and fill of container for a food if:
(1) a federal regulation does not apply to the food; and
(2) the executive commissioner determines that adopting the rules will promote honest and fair dealing in the interest of consumers.
(c) A temporary permit granted for interstate shipment of an experimental pack of food that varies from the requirements of federal definitions and standards of identity is automatically effective in this state under the conditions of the permit.
(d) The department may issue additional permits if the department determines that:
(1) it is necessary for the completion of an otherwise adequate investigation; and
(2) the interests of consumers are safeguarded.
(e) A permit issued under Subsection (d) is subject to the terms and conditions of department rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0993, eff. April 2, 2015.
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