Agriculture, Dept. of

Plain English Breakdown

Checked against official source text during the last sync.

Food Product Labeling Act

This bill requires food products containing certain chemical ingredients to have warning labels if those chemicals are required by FDA to be disclosed and the product is intended for human consumption.

What This Bill Does

• Requires the Tennessee Department of Agriculture to prohibit selling food products with specific chemical ingredients unless they include a warning label.
• Specifies that the warning label must state 'WARNING: This product contains a chemical ingredient not recommended for human consumption by FDA.'
• Sets rules on font size and website disclosure for these labels.
• Exempts certain types of food products from this requirement, such as those intended for restaurant use or dietary supplements.

Who It Names or Affects

• Food manufacturers and retailers in Tennessee who sell products with specific chemical ingredients.
• Consumers buying food products that contain the listed chemicals.

Terms To Know

Chemical ingredient

A substance added to food, such as Blue 1 or Red 40, which may require a warning label under certain conditions.

FDA

The United States Food and Drug Administration, the federal agency that regulates food safety and labeling requirements.

Limits and Unknowns

• This bill does not apply to products regulated by USDA's Food Safety and Inspection Service.
• Federal laws or regulations can override this Tennessee law if they specifically address a chemical ingredient's use or safety for human consumption.

Official Summary Text

Effective January 1, 2027, this bill requires the department of agriculture to
prohibit the sale of a food product in this state that includes a chemical ingredient
as described in this bill, including, but not limited to, Blue 1, Blue 2, Green 3
,
Red 3, Red 4, Red 40, Yellow 5, and Yellow 6,
unless a warning label is affixed to the food product disclosing the use of the chemical ingredient, if
(i) the
chemical ingredient is required by the United States food and drug administration (FDA) to be disclosed;
and
(ii) t
he food product is intended to be consumed by humans.

This bill requires the
warning label's font size
to
not be smaller than the smallest font used on other required warning labels
; to
read: "WARNING: This product contains a chemical ingredient that is not recommended for human consumption by the FDA
.
"
; and

to
be provided on
the
food product retailer
's
website.

However, this bill
does not apply to food products that
meet any of the following criteria:



That are
not intended for human consumption
.


That are for restaurant or retail establishment use
.


That are regulated by the United States department of agriculture's food safety and inspection service
.


That include a warning label with recommendations from the United States surgeon general
.


That are drugs or dietary supplements.

Additionally, this bill provides that if
a federal law or regulation specifically authorizes, prohibits, or restricts the use of a chemical ingredient, including a determination that the chemical ingredient is safe for human consumption or a requirement for a labeling statement related to ultra-
processed or processed foods,
then
this
bill
is preempted and no longer applies to that chemical ingredient.

Current Bill Text

SENATE BILL 2685
By Kyle

HOUSE BILL 2192
By Jones J
HB2192
011962
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 47,
Chapter 18 and Title 53, relative to food and food
ingredients for human consumption.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 53-1-102, is amended by adding the
following as a new subdivision:
( ) "Chemical ingredient" means:
(A) Acetylated esters of mono- and diglycerides (acetic acid esters);
(B) Anisole;
(C) Azodicarbonamide (ADA);
(D) Butylated hydroxyanisole (BHA);
(E) Butylated hydroxytoluene (BHT);
(F) Bleached flour;
(G) Blue 1 (CAS 3844-45-9);
(H) Blue 2 (CAS 860-22-0);
(I) Bromated flour;
(J) Calcium bromate;
(K) Canthaxanthin;
(L) Certified food colors by the United States food and drug
administration;
(M) Citrus red 2 (CAS 6358-53-8);
(N) Diacetyl;

- 2 - 011962

(O) Diacetyl tartaric and fatty acid esters of mono- and diglycerides
(DATEMs);
(P) Dimethylamylamine (DMAA);
(Q) Dioctyl sodium sulfosuccinate (DSS);
(R) Ficin;
(S) Green 3 (CAS 2353-45-9);
(T) Interesterified palm oil;
(U) Interesterified soybean oil;
(V) Lactylated fatty acid esters of glycerol and propylene glycol;
(W) Lye;
(X) Morpholine;
(Y) Olestra;
(Z) Partially hydrogenated oil (PHO);
(AA) Potassium aluminum sulfate;
(BB) Potassium bromate;
(CC) Potassium iodate;
(DD) Propylene oxide;
(EE) Propylparaben;
(FF) Red 3 (CAS 16423-68-0);
(GG) Red 4 (CAS 4548-53-2);
(HH) Red 40 (CAS 25956-17-6);
(II) Sodium aluminum sulfate;
(JJ) Sodium lauryl sulfate;
(KK) Sodium stearyl fumarate;
(LL) Stearyl tartrate;

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(MM) Synthetic trans fatty acid;
(NN) Thiodipropionic acid;
(OO) Titanium dioxide;
(PP) Toluene;
(QQ) Yellow 5 (CAS 1934-21-0); and
(RR) Yellow 6 (CAS 2783-94-0);
SECTION 2. Tennessee Code Annotated, Title 53, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) The department shall prohibit the sale of a food product in this state that
includes a chemical ingredient, unless a warning label is affixed to the food product
disclosing the use of the chemical ingredient, if:
(1) The chemical ingredient is required by the United States food and
drug administration (FDA) to be disclosed; and
(2) The food product is intended to be consumed by humans.
(b) The warning label's font size must not be smaller than the smallest font used
on other required warning labels and must read: "WARNING: This product contains a
chemical ingredient that is not recommended for human consumption by the FDA." The
warning label language must be provided on a food product retailer website.
(c) This section does not apply to food products that:
(1) Are not intended for human consumption;
(2) Are for restaurant or retail establishment use;
(3) Are regulated by the United States department of agriculture's food
safety and inspection service;
(4) Include a warning label with recommendations from the United States
surgeon general; or

- 4 - 011962

(5) Are drugs or dietary supplements.
(d) If a federal law or regulation specifically authorizes, prohibits, or restricts the
use of a chemical ingredient, including a determination that the chemical ingredient is
safe for human consumption or a requirement for a labeling statement related to ultra-
processed or processed foods, this section is preempted and no longer applies to that
chemical ingredient.
SECTION 3. This act takes effect January 1, 2027, the public welfare requiring it.