SB823

SB823 requires imported-shrimp labeling in the supply chain and bars restaurants from presenting imported shrimp as domestic. Food-service suppliers, wholesalers and distributors selling shrimp in Texas must clearly and conspicuously state on the label whether it is imported. Restaurants may not label or represent imported shrimp as “Texas shrimp,” “American shrimp,” “Domestic shrimp” or “Gulf shrimp.” The governor signed the bill June 20, 2025; it took effect September 1, 2025. Final law; History.

“Imported” follows federal country-of-origin requirements, not simply whether shrimp came from Texas. For farm-raised shellfish, the referenced rule requires U.S. hatching, raising, harvesting and processing. Wild shellfish must be harvested in U.S. waters or by a U.S.-flagged vessel, and processed in the United States or aboard a U.S.-flagged vessel. Both categories must not undergo a substantial transformation outside the United States. The Texas law also incorporates successor federal regulations. Section 436.083(a); 7 CFR 60.128, January 2025 edition.

A state or local authority that licenses or permits a covered business under Health and Safety Code Chapter 431 or 437 may impose an administrative penalty for a violation. A good-faith belief that the shrimp was not imported is an affirmative defense—a defense the license or permit holder can raise. SB823 itself does not set a dollar penalty, create a private lawsuit or change existing common-law or statutory duties. The health commission’s executive commissioner must adopt implementing rules as soon as practicable. Enforcement, defense and rulemaking.

The section excludes food served or prepared in similar retail establishments, such as grocery stores and food businesses inside them. It also excludes properly labeled shrimp sold packaged, either alone or as an ingredient in another packaged food. The restaurant restriction is about misleading origin claims; the act does not require every menu to carry an imported-shrimp notice. Section 436.083(b)–(g).