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Signed Into Law
Signed June 22, 2025Effective 2025-09-01
SB 25

Regular Session

Relating to health and nutrition standards to promote healthy living, including requirements for food labeling, primary and secondary education, higher education, and continuing education for certain health care professionals; authorizing a civil penalty.

Government Affairs & Regulatory Compliance Analysis

SB 25: Government Affairs Overview

SB25 mandates Texas-specific warning labels for food products containing common additives (e. g. , Red 40, Titanium Dioxide) and imposes strict new Continuing Medical Education (CME) requirements for healthcare practitioners.

Sen. Lois Kolkhorst·Senate Bill·Regular Session

Critical
High Cost
Effective:2025-09-01
Business Impact

Who SB25 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

🎓

Education

Affected business types:

  • School districts
  • Charter schools
  • Private schools
  • Education service providers
View all education legislation

Key Operational Considerations

  • 1Supply Chain Indemnification: Retailers must amend Master Supply Agreements (MSAs) to require manufacturers to indemnify them against Texas SB25 civil penalties.
  • 2Vendor Warranties: Purchase orders must include warranties stating products comply with Texas Health & Safety Code Chapter 431 regarding foreign-banned ingredients.

Estimated Cost Impact

highSignificant operational investment may be required.

Enforcing Agencies

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SB25
Critical
Relating to health and nutrition standards to promote healthy living, including requirements for food labeling, primary and secondary education, highe...
Critical Compliance Urgency
Requires immediate attention
Cost Impact
High
Effective
2025-09-01
Enforcing Agencies
DSHSHHSCOffice of the Attorney GeneralTexas Board of Nursing+2 more
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: January 1, 2027 (Operational cliff for both food labeling and licensure renewals).
  • Agency Rulemaking:
  • Food Labeling: HHSC must adopt rules defining prohibited ingredients and label formats by December 31, 2025.
  • Healthcare: Licensing boards (Medical, Nursing, Dietitians) must adopt CME rules by December 31, 2026.
  • *Note:* The period between Sept 2025 and Jan 2027 is a "regulatory gray zone" where rules will be drafted; active participation in public comment periods is essential.

Immediate Action Plan

  • 1. Audit Ingredients Immediately: Cross-reference all product BOMs against the "List of 44" and regulations in the UK, EU, Canada, and Australia.
  • 2. Review Insurance Policies: Confirm if your current liability policy covers state-level civil penalties; most do not.
  • 3. Update Vendor Guidelines: Retailers should issue notices to suppliers requiring certification of SB25 compliance for all shipments arriving after Q4 2026.
  • 4. Monitor the Texas Register: Assign legal counsel to track HHSC and Licensing Board proposed rules starting October 2025 to influence definitions of "developed labels" and "recommended consumption."
  • 5. Healthcare Credentialing Audit: Identify all practitioners with renewals scheduled for Q1 2027 and advise them to delay completing CME until final rules are published in late 2026 to ensure credits count.

Operational Changes Required

Contracts

  • Supply Chain Indemnification: Retailers must amend Master Supply Agreements (MSAs) to require manufacturers to indemnify them against Texas SB25 civil penalties.
  • Vendor Warranties: Purchase orders must include warranties stating products comply with Texas Health & Safety Code Chapter 431 regarding foreign-banned ingredients.
  • Employment Agreements: Healthcare provider contracts must be updated to stipulate that failure to maintain "Nutrition and Metabolic Health" CME constitutes a breach of the requirement to maintain valid licensure.

Hiring/Training

  • Credentialing: Hospitals and clinics must update Learning Management Systems (LMS) to flag and track the specific "Nutrition and Metabolic Health" CME category; generic nutrition credits will likely not suffice.
  • Quality Assurance: Food manufacturers must train QA staff to cross-reference Bills of Materials (BOMs) against regulatory lists from the UK, EU, Canada, and Australia, not just the FDA.

Reporting & Record-Keeping

  • Ingredient Substantiation: Food manufacturers must maintain dossiers justifying the *absence* of a warning label, specifically documenting that ingredients are not "recommended against" by relevant foreign authorities.
  • CME Verification: Healthcare practitioners must retain certificates specifically designated as satisfying the Texas Nutrition Advisory Committee (TNAC) guidelines for audit purposes.

Fees & Costs

  • Civil Penalties: The Attorney General may assess penalties up to $50,000 per day, per distinct product for labeling violations.
  • Relabeling Costs: Manufacturers face significant capital expenditure for packaging redesign and inventory management for Texas-bound SKUs.
  • Insurance Review: Standard General Liability and D&O policies often exclude civil penalties; businesses must review coverage gaps immediately.

Strategic Ambiguities & Considerations

  • "Developed or Copyrighted": The law applies to labels developed or copyrighted on/after Jan 1, 2027. HHSC rulemaking must define if a minor artwork change (e.g., a font tweak) triggers the "new label" status and the subsequent warning requirement.
  • "Not Recommended": The statute triggers warnings for ingredients "not recommended" by foreign authorities. It is unclear if this means a strict ban or merely a cautionary guidance document. Rulemaking will define this threshold.
  • "Prominent Location": The definition of "prominent" regarding label placement is currently undefined and will be established by HHSC rules, potentially conflicting with federal FDA labeling real estate.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 20, 2025
Passed Senate
Mar 12, 2025
Passed House
May 26, 2025
Signed
Jun 22, 2025
Effective
Sep 1, 2025
TopicsEducationEducation--higherEducation--higher--health InstitutionsEducation--primary & SecondaryEducation--primary & Secondary--curriculumGovernorHealth Care ProvidersHealthHealth--generalHealth--other Diseases & Medical ConditionsFoodNutritionPackaging & Labeling RequirementsAgriculture, Department ofHealth & Human Services CommissionMedical Board, TexasState Health Services, Department ofEducation--primary & Secondary--charter SchoolsEducation--school DistrictsState Agencies, Boards & CommissionsState Agencies, Boards & Commissions--newly ProposedInternetEducation, State Board ofHigher Education Coordinating Board, TexasOccupational RegulationOccupational Regulation--health OccupationsContinuing EducationEducation, Commissioner ofNursing, Texas Board ofDietetics & DietitiansGraduate StudentsNurses & Nurse AidesPhysiciansLicensing & Regulation, Texas Commission of
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How JD Key can help

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author
Coauthors (23)

House Sponsors

Rep. Lacey HullRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (10)

Bill Text(with markup)

Showing first 50k characters.

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Lois Kolkhorst

View all bills by Sen. Lois Kolkhorst

Related by Topic

View more Education legislation
Quick Reference

Frequently Asked Questions

Common questions about SB25

Q

What does Texas SB25 do?

SB25 mandates Texas-specific warning labels for food products containing common additives (e. g. , Red 40, Titanium Dioxide) and imposes strict new Continuing Medical Education (CME) requirements for healthcare practitioners.

Q

Who authored SB25?

SB25 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

Q

When was SB25 signed into law?

SB25 was signed into law by Governor Greg Abbott on June 22, 2025.

Q

Which agencies enforce SB25?

SB25 is enforced by Department of State Health Services (DSHS), Health and Human Services Commission (HHSC), Office of the Attorney General (Food Labeling Enforcement), Texas Board of Nursing, Texas Commission of Licensing and Regulation and Texas Medical Board.

Q

How significant are the changes in SB25?

The regulatory priority for SB25 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB25?

The cost impact of SB25 is estimated as "high". This may vary based on industry and implementation requirements.

Q

What topics does SB25 address?

SB25 addresses topics including education, education--higher, education--higher--health institutions, education--primary & secondary and education--primary & secondary--curriculum.

Q

What are the key dates for SB25?

Key dates for SB25: Effective date is 2025-09-01. Rulemaking: Adopt rules implementing food labeling requirements for ingredients banned in other countries (Sec. 431.0815). (2025-12-31); Adopt rules for mandatory CME in nutrition and metabolic health for physicians and physician assistants. (2026-12-31). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB25?

SB25 establishes the following penalties: civil penalty of Up to $50,000 per day per distinct food product for Violation of food labeling requirements regarding specified ingredients (e.g., Red 40, Yellow 5, Titanium Dioxide) without the required warning statement.; civil penalty of Variable (Reimbursement of Costs) for Reimbursement to the state for reasonable value of investigating and bringing enforcement action regarding food labeling violations.; administrative penalty of License Non-Renewal for Failure by healthcare professionals (physicians, PAs, nurses, dietitians) to complete new nutrition/metabolic health CME requirements.. Consult with legal counsel for specific applicability to your situation.

Q

Which Texas businesses are affected by SB25?

SB25 primarily affects healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

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Legislative data provided by LegiScanLast updated: January 25, 2026