SB25

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.

CriticalImmediate action required

High Cost

Effective:2025-09-01

Enforcing Agencies

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 • Texas Medical Board

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

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.

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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.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsEducation Education--higher Education--higher--health Institutions Education--primary & Secondary Education--primary & Secondary--curriculum Governor Health Care Providers Health Health--general Health--other Diseases & Medical Conditions Food Nutrition Packaging & Labeling Requirements Agriculture, Department of Health & Human Services Commission Medical Board, Texas State Health Services, Department of Education--primary & Secondary--charter Schools Education--school Districts State Agencies, Boards & Commissions State Agencies, Boards & Commissions--newly Proposed Internet Education, State Board of Higher Education Coordinating Board, Texas Occupational Regulation Occupational Regulation--health Occupations Continuing Education Education, Commissioner of Nursing, Texas Board of Dietetics & Dietitians Graduate Students Nurses & Nurse Aides Physicians Licensing & Regulation, Texas Commission of

Official Analysis

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Frequently Asked Questions

Common questions about SB25

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.

Who authored SB25?

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

When was SB25 signed into law?

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

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.

How urgent is compliance with SB25?

The compliance urgency for SB25 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB25 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

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