Federal Preemption

Sec. 431.0817. FEDERAL PREEMPTION. On and after September 1, 2025, and the effective date of a federal law or regulation issued by the United States Food and Drug Administration or the United States Department of Agriculture, Section 431.0815 has no effect if: (1) for a specific ingredient, including a food additive and color additive, listed under Section 431.0815(a), the law or regulation: (A) prohibits the use of the ingredient; (B) imposes conditions on the use of the ingredient, including a condition requiring a warning or disclosure statement; or (C) determines an ingredient or class of ingredients is safe for human consumption; or (2) the law or regulation requires a labeling statement relating to ultra-processed or processed foods. Added by Acts 2025, 89th Leg., R.S., Ch. 1179 (S.B. 25), Sec. 9, eff. September 1, 2025.