(a) If the executive commissioner determines that standards are necessary to protect the public, the executive commissioner may adopt rules prescribing:
(1) the style and type size that must be used for material required to be incorporated in labeling to avoid false or misleading labeling of an article subject to this subchapter or Subchapter B; and
(2) subject to Subsection (b), a definition or standard of identity or composition or a standard of fill of container for an article subject to this subchapter.
(b) A standard prescribed under Subsection (a)(2) must be consistent with standards established under the Federal Meat Inspection Act (21 U.S.C. § 601 et seq.), the Federal Poultry Products Inspection Act (21 U.S.C. § 451 et seq.), and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.). To avoid inconsistency, the department shall consult with the United States Secretary of Agriculture before the standard is prescribed.