Legislation to Promote Healthy Eating and Physical Activity in Texas
AUSTIN — Labels on some Texas foods and daily physical education classes in school would be required under legislation that was headed to Texas Gov. Greg Abbott on Wednesday.
“It’s about our health,” Sen. Lois Kolkhorst, R-Brenham, the bill author, said in a statement. “It’s simple. It’s smart. It’s common sense.”
Key Provisions of the Bill
The wide-ranging bill focuses on nutrition awareness in school and the medical communities as well as promoting physical education. It passed with overwhelming support in both the House and Senate.
The legislation requires food manufacturers to either remove ingredients listed in the bill – mainly some artificial colors, flavors and chemicals – or label their products as “not recommended for human consumption.”
Physical Education Requirements
It also requires daily PE for students in kindergarten through eighth grade, when currently many only have it twice a week. The bill prohibits educators from disciplining students by taking away recess, PE and sports practice.
Nutrition Advisory Council
A new nutrition advisory council would be tucked into the Texas Department of State Health Services under the bill. Doctors, medical residents, nurses and nursing assistants would have to have nutrition training.
Background and Inspiration
Senate Bill 25, a 20-page bill focused on public nutrition and making students more physically active, is known as “Make Texas Healthy Again.” The name and the ideas inside it were inspired by U.S. Health and Human Services Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” initiative.
Opposition to the Bill
Opponents objected to the bill, arguing that it’s a placebo that purports to address systemic health problems but doesn’t do anything to get to the root of obesity, hunger and poor nutrition among Texas families.
Industry Pushback
Kolkhorst — whose district includes Blue Bell Creameries — and the House sponsor Rep. Lacey Hull, R-Houston, fought attempts by the food industry to kill or shrink the labeling requirement.
“This is about the MAHA parents and the crunchy granola parents coming together to say we are sick and tired of being sick and tired,” Hull said during the House debate on Monday. “This is Republicans and Democrats coming together for Texas kids.”
Removal of High-Fructose Corn Syrup
One major victory by the industry was the removal of high-fructose corn syrup from the list of about 50 in the bill. The sweetener is prevalent in many iconic Texas foods, including Blue Bell and Dr Pepper, and was added at the last minute right before a House floor vote over the weekend.
It was removed after massive outcry from the companies, who distributed a letter to lawmakers in the days leading up to the vote. About a third of House members voted in favor of removing the labels, but they survived – although federal labeling laws and ingredients lists would be able to supersede state law on the matter if they differ.
Labeling Requirements
Under the labeling requirement, if a company does not remove the ingredients, it would have to note on the product:
“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.”
The Texas Attorney General could seek an injunction against companies that violate the statute, as well as impose daily fines up to $50,000 per day for each food item that contains
