1. (a) This subchapter implements Texas Health and Safety Code (HSC) Chapter 431. HSC Chapter 431 requires the Department of State Health Services (DSHS) to adopt rules about warning labels on foods that have specific ingredients and requires rules for website disclosures if food that is subject to the warning label requirements is offered for sale in Texas on the manufacturer's or retailer's website.

2. (b) This subchapter applies to:

   1. (1) any manufacturer that offers a food product for sale in Texas, no matter where the food product was originally made;
   2. (2) any ingredient meant to be consumed by humans, which the United States Food and Drug Administration (FDA) requires to be listed on the food label; and
   3. (3) food product labels developed or copyrighted on or after January 1, 2027. For purposes of this subchapter, any change to a food product label on or after January 1, 2027, must follow the rules in §229.1004 of this subchapter (relating to Warning Label Requirements) unless exempt.

3. (c) The department adopts by reference:

   1. (1) 21 Code of Federal Regulations (CFR) Part 70, Color Additives, Subpart B, Packaging and Labeling, as amended;
   2. (2) 21 CFR Part 73, Listing of Color Additives Exempt From Certification, Subpart A, Foods, as amended;
   3. (3) 21 CFR Part 74, Listing of Color Additives Subject to Certification, Subpart A, Foods, as amended;
   4. (4) 21 CFR Part 81, General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs, and Cosmetics, as amended;
   5. (5) 21 CFR Part 82, Listing of Certified Provisionally Listed Colors and Specifications, as amended; and
   6. (6) 21 CFR Part 101, Food Labeling, as amended.

Source Note:The provisions of this §229.1001 adopted to be effective February 23, 2026, 51 TexReg 1156.