89th Legislature Regular Session

SB 314

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 314 seeks to prohibit certain food additives from being included in free or reduced-price meals provided by school districts in Texas. The bill amends the Texas Education Code to establish a list of banned substances, including brominated vegetable oil (BVO), potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole (BHA), and several artificial food colorings such as Red 40 and Yellow 5. Additionally, it bans any additive deemed “substantially similar” to those explicitly listed. The bill applies to school meal contracts entered into or renewed starting with the 2026-2027 school year.

The Committee Substitute for SB 314 expands the scope of the originally filed bill by adding more food additives to the list of substances prohibited in free or reduced-price school meals. While the original bill banned seven additives, including brominated vegetable oil (BVO), potassium bromate, and titanium dioxide, the revised version increases the list to fifteen by incorporating artificial food dyes such as Red 40, Yellow 5, Blue 1, and caramel coloring. Additionally, the substitute bill introduces a "substantially similar" clause, allowing for the prohibition of additives not explicitly listed but considered chemically alike, which could lead to enforcement ambiguity.

Another key change is the delayed implementation timeline. The original bill set the effective date for the 2025-2026 school year, applying to contracts entered into or renewed after September 1, 2025. The revised version pushes this back by a year, applying to the 2026-2027 school year, ensuring schools and vendors have more time to adapt. Additionally, the original bill contained an immediate effect clause, allowing it to take effect sooner if it secured a two-thirds majority vote in both legislative chambers, but this provision was removed in the revised version.
Author
Bryan Hughes
Co-Author
Carol Alvarado
Molly Cook
Bob Hall
Borris Miles
Royce West
Fiscal Notes

The Legislative Budget Board (LBB) assumes that any costs associated with implementing the bill can be absorbed within existing resources. This suggests that state agencies, such as the Texas Department of Agriculture and the Texas Education Agency, do not anticipate needing additional funding to oversee compliance with the new restrictions on food additives in school meals.

However, local school districts and open-enrollment charter schools may face additional costs. These costs could arise from sourcing alternative ingredients that do not contain the prohibited additives and training staff on the new food safety and compliance requirements. The fiscal note acknowledges that costs will vary among school districts depending on their current meal contracts and supplier availability. While some districts may experience minimal financial impact, others—especially those that rely heavily on processed foods containing the banned additives—could face higher costs for meal procurement and compliance.

Overall, while no direct state funding increase is expected, school districts could bear unpredictable costs due to supply chain adjustments and potential price increases for additive-free food options. The extent of these costs will depend on the availability and affordability of alternative food products that comply with the new regulations.

Vote Recommendation Notes

SB 314 aims to prohibit school districts from providing free or reduced-price meals that contain specific food additives, many of which are already restricted or banned in other countries due to potential health risks. The bill cites concerns over chemicals such as brominated vegetable oil, potassium bromate, and titanium dioxide, which have been linked to adverse health effects like DNA damage, reproductive harm, and potential carcinogenicity. Given that students who rely on these meal programs often have limited food options, the bill seeks to ensure that they are not exposed to potentially harmful substances in their daily nutrition.

From a liberty perspective, the bill has mixed implications. It supports individual liberty by promoting student health and safety, ensuring that government-funded meal programs adhere to higher nutritional standards. However, it could also be seen as a government overreach, restricting local school districts' autonomy in determining meal options and creating potential supply chain challenges for food providers. Additionally, the "substantially similar" clause creates ambiguity regarding enforcement, which could lead to unintended regulatory complications for school districts and food suppliers.

The fiscal implications further support the need for amendments. While the Legislative Budget Board found no significant fiscal impact on the state, local school districts may face higher costs in sourcing alternative ingredients, updating supplier contracts, and training staff on compliance. These costs will vary depending on the availability of compliant food products, potentially impacting smaller or rural districts more significantly.

Given these considerations, Texas Policy Research recommends that lawmakers vote NO on the bill unless amendments are adopted to provide clearer enforcement guidelines, allow for a phased implementation period to mitigate cost burdens on schools, and establish an exemption process for additives that may later be deemed safe. While protecting children's health is a worthy goal, the bill should balance public safety, local control, and financial feasibility before implementation.

Related Legislation
View Bill Text and Status