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HB 3137

AN ACT relating to a prohibition on certain herbicides and food and

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Prohibits the sale, distribution, and application of certain herbicides and bans food and beverage additives deemed potentially harmful, including BHA, BHT, MSG, PDMS, TBHQ, and partially hydrogenated oils. Businesses selling food or beverages containing these substances in Texas would face civil penalties up to $500 per item sold, with each individual item constituting a separate violation. The law is set to take effect on September 1, 2025, requiring food manufacturers, restaurants, and retailers to modify their product ingredients to comply with the new restrictions.

Subject Areas

Bill Text

relating to a prohibition on certain herbicides and food and
beverage additives; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter G, Chapter 76, Agriculture Code, is
amended by adding Section 76.1415 to read as follows:
Sec. 76.1415.  PROHIBITED HERBICIDES.  The department shall
prohibit the sale, distribution, and application of the following
SECTION 2.  Subchapter B, Chapter 431, Health and Safety
Code, is amended by adding Section 431.024 to read as follows:
Sec. 431.024.  PROHIBITION ON SALE OF FOOD OR BEVERAGE
CONTAINING CERTAIN ADDITIVES.  (a)  A person may not sell in this
state any food, including a beverage, intended for human
consumption that contains the following substances:
(5)  butylated hydroxyanisole (BHA);
(6)  butylated hydroxytoluene (BHT);
(8)  dimethylpolysiloxane (PDMS);
(9)  monosodium glutamate (MSG);
(10)  tert-butylhydroquinone (TBHQ);
(11)  partially hydrogenated oils;
(b)  A person who violates Subsection (a) is liable for a
civil penalty in an amount not to exceed $500 for each violation.
Each item sold constitutes a separate violation.  The attorney
general may file suit in district court to recover a civil penalty
(c)  A civil penalty collected under this section shall be
deposited in the general revenue fund.
(d)  The attorney general may recover reasonable expenses
incurred in collecting the civil penalty, including investigative
costs, court costs, reasonable attorney's fees, witness fees, and
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to a prohibition on certain herbicides and food and