89R16994 AB-D
By: Shofner H.B. No. 4787
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain additives from being included in
food and drinks provided by school districts or purchased under the
supplemental nutrition assistance program.
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 FOOD AND
DRINKS PROVIDED BY SCHOOLS. A school district or open-enrollment
charter school that provides meals to students may not provide any
food or drink that contains the following substances:
(1) red 3 (CAS 16423-68-0);
(2) red 40 (CAS 25956-17-6);
(3) yellow 5 (CAS 1934-21-0);
(4) yellow 6 (CAS 2783-94-0);
(5) blue 1 (CAS 3844-45-9);
(6) blue 2 (CAS 860-22-0);
(7) green 3 (CAS 2353-45-9);
(8) citrus red dye 2 (CAS 6358-53-8); or
(9) orange B dye (CAS 15139-76-1).
SECTION 2. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Section 33.031 to read as follows:
Sec. 33.031. PURCHASE OF FOOD AND DRINK ITEMS CONTAINING
CERTAIN FOOD ADDITIVES PROHIBITED UNDER SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM. Except as expressly required by federal law, a
recipient of supplemental nutrition assistance program benefits
may not use those benefits to purchase any food or drink item that
contains the following substances:
(1) red 3 (CAS 16423-68-0);
(2) red 40 (CAS 25956-17-6);
(3) yellow 5 (CAS 1934-21-0);
(4) yellow 6 (CAS 2783-94-0);
(5) blue 1 (CAS 3844-45-9);
(6) blue 2 (CAS 860-22-0);
(7) green 3 (CAS 2353-45-9);
(8) citrus red dye 2 (CAS 6358-53-8); or
(9) orange B dye (CAS 15139-76-1).
SECTION 3. This Act applies beginning with the 2027-2028
school year.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect September 1, 2027.