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Tex. Health & Safety Code § 431.0817

FEDERAL PREEMPTION

Known as the Texas Food, Drug, and Cosmetic Act

The act spans §§ 431–431 (124 sections).

Added by Acts 2025, 89th Leg., R.S., Ch. 1179 (S.B. 25), Sec. 9, eff

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.