
The Texas legislature passed a massive overhaul of state health regulations.
Specifically, the bill requires school districts and open-enrollment charter schools to have at least 30 minutes of “moderate or vigorous physical activity” every day throughout the school year, either through physical education classes or “structured activity during a school campus’s daily recess.” This applies to students in full-day Pre-K, kindergarten, and up to the sixth grade.
Students in non-full-day Pre-K are required to participate in the same level of activity as full-day students “to the extent practicable.” If schedules or other factors inhibit daily activity, the bill requires at least 135 minutes of exercise each school week for students in this age group.
Students in Grades 6–8 must have daily physical activity for at least four semesters. Schools that use block scheduling may alternatively require 225 minutes of exercise every two weeks.
Exceptions exist for students with an illness or disability, or a middle/junior high student with a “structured” extracurricular—such as a sport—that requires physical activity. Schools can only give exceptions to students who participate in private leagues or clubs if they show proof of participation. Schools are not allowed to restrict a student’s physical activity as a punishment for academics or behavior.
The bill also establishes a curriculum for a half-credit elective course in nutrition and wellness for high school students. The curriculum is based on nutrition guidelines recommended by the newly established Texas Nutrition Advisory Committee, as outlined in the bill. Courses may include cooking, horticulture, and consumer economics.
It also establishes an elective course in nutrition education for college and university students; medical students and students in other majors within the health care field will be required to complete the course. Schools can only receive state funding if they comply with these requirements.
The bill also requires licensed physicians and health care professionals to take continuing education courses in nutrition and metabolic health.
The bill created the Texas Nutrition Advisory Committee to develop nutritional guidelines for Texas residents. The Committee is attached to the Department of State Health Services, and will be made up of seven members appointed by the governor from the fields of nutrition, medicine, agriculture, urban, and rural communities.
The Committee will “examine the impact of nutrition on human health and examine the connection between ultra-processed foods, including foods containing artificial color and food additives, and the prevalence of chronic diseases and other chronic health issues”; independently review scientific studies on ultra-processed foods; and educate the public on the effects of ultra-processed foods. The Committee must also submit an annual report to the governor and the legislature and publish its guidelines online.
- bleached flour;
- dimethylamine (DMAA);
- food dyes blue 1, blue 2, green 3, red 3, red 4, red 40, yellow 5, and yellow 6;
- lye;
- partially hydrogenated oil;
- potassium bromate;
- titanium dioxide.
The manufacturer must include a warning label on the packaging that is clearly visible and legible. It must read:
“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.”
Violators could be prosecuted by the state and face fines of up to $50,000 per day per product, and be forced to repay the State for its investigation. The bill gives the Food and Drug Administration, the U.S. Department of Agriculture (USDA), and Congress preemptive authority.