Overview
Texas is a major national player in the production, processing, and distribution of food. With a wide range of agricultural outputs and industrial-scale facilities, the state’s food sector feeds millions of Texans. It also supplies food products nationwide and across global markets. To ensure the safety and integrity of this system, Texas relies on a multi-tiered regulatory framework for food manufacturing safety that involves both state and federal roles.
Texas maintains a long tradition of protecting public health through food regulations. For example, the Texas Pure Food Law of 1907 laid the foundation for modern food safety standards in the state. Current food safety laws and rules for manufacturers and distributors protect public health and support commerce. Furthermore, these rules must balance federal authority, state powers, and industry standards.
Why Food Safety in Manufacturing and Distribution Matters
Food manufacturing and distribution are critical points in the food supply chain. Problems such as contamination, mishandling, or mislabeling can cause recalls or foodborne disease outbreaks. Additionally, effective food regulation supports interstate commerce. The U.S. Constitution grants the federal government authority over commerce between states; and thus, this preemption shapes how food laws are written and enforced. States like Texas must ensure their laws do not conflict with federal standards, particularly when regulating facilities with products sold nationally. Consistent food regulations are good for Texas businesses.
What the Federal Government Requires
At the federal level, the U.S. Food and Drug Administration (FDA) regulates food manufacturing and distribution under the Federal Food, Drug, and Cosmetic Act. For instance, a key requirement includes Good Manufacturing Practices (GMPs) that cover facility sanitation, employee hygiene, hazard analysis, and preventive controls. The FDA also sets labeling rules and recall procedures. The Food Safety Modernization Act (FSMA) passed in 2011 and expanded FDA’s oversight by shifting the focus from reactive to preventive measures in food safety. Facilities selling food across state lines must follow these laws and corresponding regulations.
Texas Laws for Food Manufacturers and Distributors
Known as the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code Chapter 431 governs the licensing, inspection, and enforcement of food safety standards for:
- Food manufacturers
- Food warehouses
- Distributors and wholesalers
- Co-packers and repackagers
Chapter 431 and related rules in the Texas Administrative Code require these facilities to:
- Obtain proper licenses (e.g., Food Manufacturer or Food Wholesaler License)
- Follow federal GMPs and preventive control regulations.
- Allow for regular inspections by state or delegated local officials.
These state laws and rules match federal standards to keep trade consistent and legal across state lines. In cases of interstate activity, federal law preempts conflicting state requirements, which is why Texas adopts and enforces FDA-aligned rules. The Texas Department of State Health Services (DSHS) is the primary agency responsible for enforcing this chapter.
Local Enforcement Role
Local health authorities may assist in enforcement activities—particularly in urban jurisdictions—but their role in regulating manufacturing and distribution is generally limited compared to retail and food service establishment oversight. For this reason, governments at the local level cannot impose conflicting food safety regulations on manufacturing operations that fall under Chapter 431 and FDA oversight, preserving regulatory uniformity essential for interstate commerce.
Recent Legislative Developments in Food Manufacturing
The Texas Legislature and DSHS took meaningful steps in recent years to modernize food manufacturing safety oversight. These efforts aim to improve regulatory clarity, strengthen public health protections, and align state rules with federal standards, especially under the Food Safety Modernization Act (FSMA).
SB 25 (2025) – Warning Labels for Certain Food Additives
Senate Bill 25 mirrors the Make America Health Again (MAHA) efforts at the national level. The bill mandates that packaged foods containing certain additives – such as Red 40, Yellow 6, titanium dioxide, and olestra – include a warning label if other countries like Canada, the United Kingdom, or the European Union restrict or ban these ingredients. This requirement applies to packaged foods sold in stores but excludes restaurants, dietary supplements, and FDA-regulated drugs. Recently signed into law, the labeling mandate takes effect in 2027.
SB 261 (2025) – Temporary Ban on Sale of Cell-Cultured Protein
Senate Bill 261 prohibits the sale and offering for sale of cell-cultured protein products for human consumption in Texas. Specifically, cell-cultured protein is defined as food produced by harvesting animal cells and replicating them in a growth medium to create tissue. The law imposes civil and criminal penalties for violations and includes a sunset provision, expiring on September 1, 2027. This temporary ban reflects concerns over the safety, labeling, and regulatory oversight of lab-grown meat products.
SB 664 (2023) – Clear Labeling for Alternative Proteins
Senate Bill 664, effective September 1, 2023, requires that plant-based and lab-grown meat alternatives be clearly labeled to distinguish them from traditional animal products. For instance, products made from soy or cultured cells cannot be labeled simply as “beef” or “chicken” without indicating their true nature. This law aims to prevent consumer confusion and ensure transparency in food labeling.
SB 577 (2023) – Uniform Local Food Regulations
Senate Bill 577, also effective September 1, 2023, standardizes local food safety regulations across Texas. It requires municipalities to submit any local food ordinances that differ from state law to a central registry maintained by DSHS. This ensures consistency in food safety standards and prevents conflicting local regulations.
Texas Administrative Code Updates (2024)
In March 2024, DSHS adopted key amendments to Title 25, Chapter 229 of the Texas Administrative Code, specifically:
- Subchapter L (Licensing Rules): Texas clarified the licensing rules for food manufacturers, wholesalers, and warehouse operators. The updates made it easier to understand who needs a license and streamlined how businesses apply and renew.
- Subchapter N (Manufacturing and Warehousing Practices): Texas strengthened food safety rules to match federal standards. The changes focused on keeping facilities clean, tracking food safety risks, and improving how companies monitor their suppliers and keep records.
These changes ensure Texas regulations remain aligned with federal food safety standards and provide clear, enforceable guidance to the growing number of manufacturing and distribution companies across the state.
New Risks & What’s Coming Next in Food Manufacturing Safety
Possible Changes to Federal Food Rules
Lawmakers in Washington are considering updates to federal food safety laws, including parts of the Food Safety Modernization Act (FSMA). These changes may be aimed at making rules easier for small and new food businesses to follow. If federal rules change, Texas may also need to adjust its own laws and inspection processes to stay in line with national standards. Food companies should stay informed, as any changes could affect how they manage safety checks, supplier tracking, and recordkeeping.
New Types of Foods
Texas companies are creating foods that are new to the market, such as lab-grown meat and insect-based products. These foods do not always fit neatly into current rules. State and federal agencies—like the FDA and USDA—must work together to figure out how to regulate these products. This includes deciding how to label, inspect, and license the facilities that make them, so that consumers stay safe and rules are clear.
More Small and Shared Operations
There are more small food businesses today, including shared kitchens and companies that prepare or package food for others. These businesses are often harder to track and inspect than large factories. Texas will need to adjust how often it inspects these businesses and how it issues licenses, to make sure all businesses meet the minimum food safety standards.
Keeping State and Federal Rules Aligned
Texas works closely with the FDA through a program called the Manufactured Food Regulatory Program Standards (MFRPS). This program helps state and federal agencies stay on the same page when it comes to food safety. To keep up, Texas must continue to invest in staff training, sharing data across agencies, and conducting joint inspections.
Conclusion
Texas’ food safety framework for manufacturers and distributors reflects a balance between state and federal authority. Texas businesses and lawmakers must stay alert to shifts in food technology, supply chains, and federal regulations. To stay competitive, companies need clear, consistent rules that protect public health without creating unnecessary burdens. Therefore, decision-makers will need to maintain the right balance. By aligning policy with innovation and economic growth, Texas can lead the future of safe and successful food manufacturing.
