Tex. Health and Safety Code § 431.0815 — TX Code / Code hs / Chapter 431 / Section 431.0815
§ 431.0815. FOOD CONTAINING ARTIFICIAL COLOR, ADDITIVES, OR CERTAIN BANNED CHEMICALS.
Status: in_force

(a) A food manufacturer shall ensure each food product the manufacturer offers for sale in this state includes a warning label disclosing the use of any of the following ingredients, if the United States Food and Drug Administration requires the ingredient to be named on a food label and the ingredient is used in a product intended for human consumption:

(1) acetylated esters of mono- and diglycerides (acetic acid ester);

(2) anisole;

(3) azodicarbonamide (ADA);

(4) butylated hydroxyanisole (BHA);

(5) butylated hydroxytoluene (BHT);

(6) bleached flour;

(7) blue 1 (CAS 3844-45-9);

(8) blue 2 (CAS 860-22-0);

(9) bromated flour;

(10) calcium bromate;

(11) canthaxanthin;

(12) certified food colors by the United States Food and Drug Administration;

(13) citrus red 2 (CAS 6358-53-8);

(14) diacetyl;

(15) diacetyl tartaric and fatty acid esters of mono- and diglycerides (DATEM);

(16) dimethylamylamine (DMAA);

(17) dioctyl sodium sulfosuccinate (DSS);

(18) ficin;

(19) green 3 (CAS 2353-45-9);

(20) interesterified palm oil;

(21) interesterified soybean oil;

(22) lactylated fatty acid esters of glycerol and propylene glycol;

(23) lye;

(24) morpholine;

(25) olestra;

(26) partially hydrogenated oil (PHO);

(27) potassium aluminum sulfate;

(28) potassium bromate;

(29) potassium iodate;

(30) propylene oxide;

(31) propylparaben;

(32) red 3 (CAS 16423-68-0);

(33) red 4 (CAS 4548-53-2);

(34) red 40 (CAS 25956-17-6);

(35) sodium aluminum sulfate;

(36) sodium lauryl sulfate;

(37) sodium stearyl fumarate;

(38) stearyl tartrate;

(39) synthetic trans fatty acid;

(40) thiodipropionic acid;

(41) titanium dioxide;

(42) toluene;

(43) yellow 5 (CAS 1934-21-0); and

(44) yellow 6 (CAS 2783-94-0).

(b) The warning label must:

(1) include the following statement if the food contains an ingredient listed in Subsection (a), printed in a font size not smaller than the smallest font used to disclose other consumer information required by the United States Food and Drug Administration:

"WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.";

(2) be placed in a prominent and reasonably visible location; and

(3) have sufficiently high contrast with the immediate background to ensure the warning is likely to be seen and understood by the ordinary individual under customary conditions of purchase and use.

(c) A food manufacturer or, to the extent a food manufacturer provides the information required under this section to a retailer, a retailer that offers a product described by Subsection (a) for sale in this state on the manufacturer's or retailer's Internet website shall disclose to the consumer all labeling information required under Subsection (b) and department rule by:

(1) posting a legible statement on the manufacturer's or retailer's Internet website on which the product is offered for sale; or

(2) otherwise communicating the information to the consumer.

(d) This section does not apply to:

(1) an ingredient used in a product not intended for human consumption;

(2) food labeled, prepared, served, or sold in a restaurant;

(3) food labeled, prepared, or served in a retail establishment;

(4) a product regulated by the United States Department of Agriculture's Food Safety and Inspection Service;

(5) a product labeled with a governmental warning with a recommendation from the surgeon general of the United States Public Health Service;

(6) a drug or dietary supplement; or

(7) a pesticide chemical, soil or plant nutrient, or other agricultural chemical used in the production, storage, or transportation of a raw agricultural commodity.

(e) This section does not create a private cause of action for a violation of this section.

(f) For the purposes of this section, "food manufacturer" includes any manufacturer that offers a food product for sale in this state, regardless of where the product was originally produced.