Laws
Texas food dye laws: warning labels and school meals
Texas chose a warning on the package rather than a sales ban, and a separate list for school meals. Both laws are in effect; one is partly blocked in court.
Is this dye or additive banned in your state?
FD&C Red No. 40 in Texas, November 5, 2026
Banned in school food in Texas
| FDA | Allowed by FDA Listed for use in food. FDA asked industry in April 2025 to stop using it voluntarily; its tracker names the end of 2027 as the target. No revocation order. |
| school food | In effect SB 314 (89th Legislature, 2025), from the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026). |
| package label | Enacted, a court order bars enforcement against some companies SB 25 (89th Legislature, 2025), from labels developed or copyrighted on or after January 1, 2027. A federal court barred the Attorney General from enforcing the warning requirement against the four plaintiff trade associations (American Beverage Association, Consumer Brands Association, National Confectioners Association, FMI) and their members, on First Amendment grounds. |
FD&C Red No. 40, E129, CAS 25956-17-6. School rules cover food served or sold to students, not grocery shelves. Legal status only, not health advice.
All dye and additive rules in TexasTexas acted through two laws signed in 2025. Senate Bill 314, signed on May 27, 2025, adds section 33.9011 to the Education Code: from the 2026-2027 school year, meals served under the federal school lunch and breakfast programs to students eligible for free or reduced-price meals may not contain any of a list of additives that includes the six certified dyes, Red 3, titanium dioxide, BHA, BVO, potassium bromate and propylparaben, with the rule applying to food contracts entered into or renewed from September 1, 2026. Senate Bill 25, signed on June 22, 2025, takes another approach: section 431.0815 of the Health and Safety Code requires a printed warning on food whose label lists any of 44 ingredients, but only for labels developed or copyrighted on or after January 1, 2027. The Attorney General enforces it, with civil penalties of up to $50,000 a day per product. On February 11, 2026, a federal court in Austin enjoined enforcement against four trade associations and their members.
How long until a state rule starts?
Texas, SB 25 (89th Legislature, 2025) (package label)
57 days left
| Starts: labels developed or copyrighted on or after January 1, 2027 | |
| Covers | 12 dyes or additives |
| Status today: Enacted, a court order bars enforcement against some companies | |
A federal court barred the Attorney General from enforcing the warning requirement against the four plaintiff trade associations (American Beverage Association, Consumer Brands Association, National Confectioners Association, FMI) and their members, on First Amendment grounds.
Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources
The warning in practice
The statement required is set in the law and must appear prominently on the package. Because the rule depends on when a label was designed, a product with an older label stays outside it even after 2027, and the injunction covers a large share of national brands through their trade associations. The Texas warning label page has a date checker and the list of ingredients we track. The law also contains a clause ending the warning requirement if the FDA adopts a federal rule on the same ingredients.
A naming question
SB 314 lists "citrus red 3" with the chemical registry number 6358-53-8, which is the number of Citrus Red No. 2. We treat the entry as Citrus Red 2.
Texas rules on dyes and additives
| Law | Scope | Substances | From | Status today | Enforcement |
|---|---|---|---|---|---|
| SB 25 (89th Legislature, 2025) | package label | BHA, Blue 1, Blue 2, Citrus Red 2, Green 3, Potassium bromate, Propylparaben, Red 3, Red 40, Titanium dioxide, Yellow 5 and Yellow 6 | labels developed or copyrighted on or after January 1, 2027 | Enacted, a court order bars enforcement against some companies | Attorney General action: injunction and a civil penalty up to $50,000 a day for each product (§ 431.0816). |
| SB 314 (89th Legislature, 2025) | school food | BVO, Potassium bromate, Propylparaben, BHA, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3, Citrus Red 2, Orange B and Titanium dioxide | the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026) | In effect | not stated |
Each tracked substance in Texas
| Substance | FDA | All food sold | School food | Label |
|---|---|---|---|---|
| Red 40 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Red 3 | FDA ban ordered, not yet in effect | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Yellow 5 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Yellow 6 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Blue 1 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Blue 2 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Green 3 | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Citrus Red 2 | Still allowed; FDA proposed a ban | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Orange B | Banned nationwide by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | no |
| BVO | Banned nationwide by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | no |
| Potassium bromate | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Propylparaben | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| Titanium dioxide | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |
| BHA | Allowed by FDA | no | In effect (the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)) | Enacted, a court order bars enforcement against some companies (labels developed or copyrighted on or after January 1, 2027) |