Regular Session
Texas Education Agency (TEA) • Texas Department of Agriculture (TDA)
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This bill's path through the Texas Legislature
BILL ANALYSIS
| Senate Research Center | S.B. 314 |
| 89R1661 MM-D | By: Hughes |
| Health & Human Services | |
| 2/20/2025 | |
| As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Some food additives authorized by the FDA have the potential to cause cancer and are linked to other adverse effects, like DNA damage and reproductive harm. Those expected to oversee the FDA under the Trump Administration are considering taking action on the federal level to ban some of these chemicals, and we are starting to see states act where the FDA refuses. Additionally, most of these additives are already banned or heavily restricted in the EU.
S.B. 314 bans seven of the most dangerous chemicals in foods where Texas children have no other option: the free or reduced school lunch and breakfast program in our public schools. Each of the seven chemicals is linked to harm in human health and is unnecessary, and alternative foods and ingredients are available: brominated vegetable oil (BVO), potassium bromate, propylparaben, azodicarbonamide (ADA), butylated hydroxyanisole (BHA), red dye 3, and titanium dioxide (TiO2).
As proposed, S.B. 314 amends current law relating to prohibiting certain food additives from being included in free or reduced-price meals provided by school districts.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1.� Amends Subchapter Z, Chapter 33, Education Code, by adding Section 33.9011, as follows:
Sec. 33.9011.� PROHIBITION ON CERTAIN ADDITIVES IN FREE OR REDUCED-PRICE MEALS. (a)� Defines "national school breakfast program" and� "national school lunch program."
(b)� Prohibits a school district or open-enrollment charter school that provides free or reduced-price meals to eligible students under Section 33.901 (Breakfast Programs), the national school breakfast program, or the national school lunch program from providing as part of a free or reduced-price meal any food that contains the following substances:
(1)� brominated vegetable oil (BVO);
(2)� potassium bromate;
(3)� propylparaben;
(4)� azodicarbonamide;
(5)� butylated hydroxyanisole (BHA);
(6)� red dye 3; or
(7)� titanium dioxide.
SECTION 2.� (a) Provides that, except as provided by Subsection (b) of this section, this Act applies beginning with the 2025�2026 school year.
(b)� Provides that this Act applies only to a contract to provide food for free or reduced-price meals, as described by Section 33.9011, Education Code, as added by this Act, entered into or renewed on or after September 1, 2025.
SECTION 3.� Effective date: upon passage or September 1, 2025.
| S.B. No. 314 | ||
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| relating to prohibiting certain food additives from being included | ||
| in free or reduced-price meals provided by school districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 33, Education Code, is | ||
| amended by adding Section 33.9011 to read as follows: | ||
| Sec. 33.9011. PROHIBITION ON CERTAIN ADDITIVES IN FREE OR | ||
| REDUCED-PRICE MEALS. (a) In this section: | ||
| (1) "National school breakfast program" means the | ||
| national school breakfast program under the Child Nutrition Act of | ||
| 1966 (42 U.S.C. Section 1773). | ||
| (2) "National school lunch program" means the national | ||
| school lunch program of free or reduced-price lunches under 42 | ||
| U.S.C. Section 1751 et seq. | ||
| (b) A school district or open-enrollment charter school | ||
| that provides free or reduced-price meals to eligible students | ||
| under Section 33.901, the national school breakfast program, or the | ||
| national school lunch program may not provide as part of a free or | ||
| reduced-price meal any food that contains the following substances: | ||
| (1) brominated vegetable oil (BVO); | ||
| (2) potassium bromate; | ||
| (3) propylparaben; | ||
| (4) azodicarbonamide; | ||
| (5) butylated hydroxyanisole (BHA); | ||
| (6) red 3 (CAS 16423-68-0); | ||
| (7) red 40 (CAS 25956-17-6); | ||
| (8) yellow 5 (CAS 1934-21-0); | ||
| (9) yellow 6 (CAS 2783-94-0); | ||
| (10) blue 1 (CAS 3844-45-9); | ||
| (11) blue 2 (CAS 860-22-0); | ||
| (12) green 3 (CAS 2353-45-9); | ||
| (13) citrus red 3 (CAS 6358-53-8); | ||
| (14) orange B (CAS 15139-76-1); | ||
| (15) INS No. 150c/ammonia caramel (Class III); | ||
| (16) INS No. 150d/sulfite ammonia caramel (Class IV); | ||
| (17) titanium dioxide; or | ||
| (18) any additive that is substantially similar to an | ||
| additive specified in Subdivisions (1) through (17). | ||
| (c) A school district or open-enrollment charter school | ||
| that receives a waiver under Section 7.056 is not in violation of | ||
| this section. | ||
| SECTION 2. (a) Except as provided by Subsection (b) of this | ||
| section, this Act applies beginning with the 2026-2027 school year. | ||
| (b) This Act applies only to a contract to provide food for | ||
| free or reduced-price meals, as described by Section 33.9011, | ||
| Education Code, as added by this Act, entered into or renewed on or | ||
| after September 1, 2026. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
| TO: | Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | SB314 by Hughes (Relating to prohibiting certain food additives from being included in free or reduced-price meals provided by school districts.), As Introduced |
| Source Agencies: | 551 Department of Agriculture, 701 Texas Education Agency |
| LBB Staff: | JMc, NPe, ASA, SL |
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Common questions about SB314
Texas SB314 mandates a strict ban on 18 specific food additives, including Red 40, Yellow 5, and Titanium Dioxide, in free or reduced-price school meals. This legislation forces a supply chain overhaul for food manufacturers, distributors, and Food Service Management Companies (FSMCs) serving Texas public and charter schools, shifting compliance liability and reformulation costs directly onto the vendor. Implementation Timeline Effective Date: September 1, 2025.
SB314 was authored by Texas Senator Bryan Hughes during the Regular Session.
SB314 was signed into law by Governor Greg Abbott on May 27, 2025.
SB314 is enforced by Texas Education Agency (TEA) and Texas Department of Agriculture (TDA).
The cost impact of SB314 is estimated as "medium". This may vary based on industry and implementation requirements.
SB314 addresses topics including education, education--primary & secondary, education--primary & secondary--charter schools, education--primary & secondary--general and education--school districts.
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