BILL ANALYSIS Senate Research Center C.S.S.B. 314 89R14775 BCH-D By: Hughes Health & Human Services 2/27/2025 Committee Report (Substituted) 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). (Original Author's/Sponsor's Statement of Intent) C.S.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 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) caramel (CAS 8028-89-5); (14) titanium dioxide; or (15) any additive that is substantially similar to an additive specified in Subdivisions (1) through (14). SECTION 2. (a) Provides that, except as provided by Subsection (b) of this section, this Act applies beginning with the 20252026 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, 2026. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 314
89R14775 BCH-D By: Hughes
Health & Human Services
2/27/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 314
89R14775 BCH-D
By: Hughes
Health & Human Services
2/27/2025
Committee Report (Substituted)
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).
(Original Author's/Sponsor's Statement of Intent)
C.S.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 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) caramel (CAS 8028-89-5);
(14) titanium dioxide; or
(15) any additive that is substantially similar to an additive specified in Subdivisions (1) through (14).
SECTION 2. (a) Provides that, except as provided by Subsection (b) of this section, this Act applies beginning with the 20252026 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, 2026.
SECTION 3. Effective date: upon passage or September 1, 2025.