You may have heard a lot about food additives lately and discourse around “ultra-processed foods”. Did you know that while Health and Human Services secretary Robert F. Kennedy Jr. has been promoting his nationwide changes to food regulation under the “Make America Healthy Again” (MAHA) banner, Texas passed its own MAHA-inspired legislation during the 89th legislative session? Here’s everything you need to know about Senate Bill (SB) 314, the “Make Texas Healthy Again” bill.
SB 314 prohibits public school districts and open‑enrollment charter schools from including a specified list of 18 food additives in any free or reduced‑price breakfast or lunch meal, unless the district secures a waiver. These additives include artificial colors (like Red 40, Yellow 5, Blue 2), flavor enhancers such as brominated vegetable oil and potassium bromate, preservatives like propylparaben, and others including titanium dioxide and azodicarbonamide.
What does SB 314 require my school to do?
Effective immediately, districts cannot offer any free or reduced‑price meals that contain the listed additives. This restriction applies to meals provided under the National School Lunch Program or School Breakfast Program and begins with contracts entered or renewed on or after Sept. 1, 2026, covering the 2026–27 school year. Districts that receive a waiver under the specified code section are exempt from this prohibition.
State agencies like TEA and the Texas Department of Agriculture anticipate covering any administrative costs from existing budgets; however, districts may face additional expenses when switching to additive-free products and updating vendor contracts.
How does this impact schools, meal providers, and students?
While the law will not be fully implemented until September 1, 2026, food service directors and district nutrition teams need to be aware of the requirements of the new law and be prepared to participate in the necessary changes at the district level.
From a logistical standpoint, districts will need to audit current meal vendors to ensure compliance. Processed items such as sports drinks, flavored milks, baked goods, and snack foods, often containing artificial dyes or preservatives, must be reviewed and potentially replaced with compliant alternatives. Some districts may experience higher costs or supply challenges, particularly smaller or rural systems with limited vendor options; districts that have already moved away from these additives may see little change.
For students, the law is expected to improve nutritional quality and reduce exposure to ingredients that have sparked health concerns, such as ADHD symptoms, allergies, or carcinogenic effects in laboratory studies. However, school food experts warn that ensuring accessible, appealing, and cost-effective meals without these additives will require thoughtful menu redesign and increased state funding.