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Newly enacted state food safety legislation, state-by-state

Diners, drive-ins, dives, supermarkets ... basically everyone in the food busienss is going to have to go by these newly enacted rules

Food Safety News – State legislatures introduced more than 350 bills related to food safety during the 2025 legislative sessions, with 73 being enacted as of August 2025.

Alabama

Alabama HB 1 (Act 445-2025) increases the seafood dealer licensure fee to promote the sale of seafood products from the state.

Arkansas

Arkansas SB 9 (Act No. 622-2025) creates the Make Arkansas Healthy Again Act and prohibits the manufacturing or selling of a food product for human consumption that contains potassium bromate, propylparaben, and erythrosine (also known as Red No. 3), all of which are commonly found in various food products.

Arkansas’s HB 1048 (Act 125-2025) amends current law concerning the incidental sale of goat milk, sheep milk, and whole milk that has not been pasteurized.

The bill clarifies that the incidental sale of raw milk is not limited to a sale on the farm and ensures that regulations do not prohibit incidental sales of these different types of milk that have not been pasteurized directly to consumers at the farm where the milk is produced, at a farmers’ market, or via delivery from the farm where the milk is produced.

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Colorado

Colorado’s SB 285 (Chap. No. 296-2025), which updated the ongoing schedule of annual fees imposed on retail food establishments.

The bill provides that such fees are levied to cover the cost of required health and safety inspections under current law, and that a certain amount of specific fees shall be credited to the Food Protection Cash Fund.

Colorado’s HB 1295(Chap. No. 214-2025) defines a mobile food establishment.

The bill primarily establishes reciprocity for licenses and permits between local government jurisdictions for business, health, and fire department licenses.

Colorado enacted HB 1059 (Food Waste Reduction, Chap. No. 77-2025) and SB 285 (Food Establishment Inspection Fees, Chap. No. 296-2025).

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  • HB 1059 encourages local education agencies to adopt a policy to reduce food waste in school cafeterias and food preparation facilities. It also enables food waste diversion and reduction initiatives, including composting and share tables that allow students to return whole food or beverage items for redistribution to other students or donation to local nonprofits.
  • SB 285 updates the ongoing schedule of annual fees imposed on retail food establishments and provides that such fees are levied to cover the cost of required health and safety inspections under current law. This law requires that a certain amount of fees be credited to the Food Protection Cash Fund.

Hawaii

Hawaii HB 534 (Act 238-2025) prohibits the sale of raw processed ahi at retail establishments without a label stating the country where the ahi was landed.

The Hawaii legislature also looked at the state’s deer population. Hawaii HCR 200, SCR 94, and SR 77 urge the Department of Agriculture to take further meaningful action to address the overpopulation of axis deer.

Idaho

Idaho’s HB 202 (Chap. No. 47-2025) addresses food processing.

The bill provides that the Department of Agriculture shall enforce stop-sale, use, or removal orders against the distributor or owner of adulterated produce that is misbranded as to be dangerous or fraudulent. The law provides that the department may hold any produce found to be in violation until it complies with the regulations.

Indiana

Indiana’s HB 1577 (Pub. Law 235-2025) establishes standards for the licensure and inspection of mobile retail food establishments by local health departments, including standards for necessary inspections following a violation or failed inspection.

Indiana’s HB 1577 (Mobile Retail Food Establishment Licenses, Pub. Law 235-2025) establishes a statewide mobile retail food establishment license, issued by local health departments, to the owner or operator of a mobile retail food establishment that meets the licensing standards set by the state department.

The law establishes standards for the licensure and inspection of mobile retail food establishments by local health departments, including standards for necessary inspections following a violation or failed inspection.

Louisiana

In Louisiana, the legislature adopted three measures regarding imported shrimp.

  • HCR 8 requests that the U.S. Food and Drug Administration increase its inspection and testing of imported seafood.
  • HR 152 and HR 214 request the U.S. Department of Health and Human Services to study the negative health impacts of imported shrimp.
  • HCR 30 urges the commissioner of the Louisiana Department of Agriculture and Forestry to study and make recommendations on the Processing Revival and Intrastate Meat Exemption Act to enhance operations for small meat processing businesses in Louisiana.

Louisiana’s SB 14 (Act No. 463-2025) prohibits schools from serving foods with artificial dyes and preservatives.

The bill requires physicians, physician assistants, and advanced practice registered nurses to complete continuing education on nutrition and metabolic health. It also requires food manufacturers to label products (using a special QR code) for foods that contain any of 44 specified ingredients, including specific colors, additives, or chemicals. The bill requires disclaimer signs to be posted at restaurants that use certain seed oils. The state is also exploring waivers for the SNAP program to ban the purchase of certain items deemed to be unhealthy.

Maine

Maine’s SB 80 (Pub. Law 82-2025) creates a limited retail seafood harvester certificate.

This bill allows the holder of a limited retail seafood harvester certificate to sell, transport, and serve shellstock (raw, in-sell molluscan shellfish) taken by the primary owner as long as the primary owner meets specific qualifications. SB 487 (Resolve No. 41-2025) directs the Department of Agriculture, Conservation, and Forestry to assess its current meat and poultry inspection programs.

Maryland

Maryland’s SB 162 (Chap. No. 360-2025) repeals the Department of Agriculture’s authority over the identification of, inspection and sale of cantaloupes.

The Mississippi legislature enacted two bills on labeling. HB 602 makes country-of-origin labeling laws applicable to crawfish and seafood.

The law requires that country designations must be provided on any crawfish or seafood label, menu, sales display, or other advertisement. The bill requires suppliers of crawfish and seafood to maintain certain records. The Department of Agriculture and Commerce, as well as the Department of Marine Resources, has regulatory authority over labeling.

The bill also establishes the State Seafood Marketing Task Force. HB 913 establishes labeling requirements for meat and meat substitute products, including cell-cultured meats, to prevent consumer confusion.

Montana

Montana’s HB 401 (Chap. No. 276-2025) addresses the sale of lab-grown meat. The bill prohibits the sale or distribution of cell-cultured meats.

It provides that a retail food establishment that sells or distributes cell-cultured meat products is subject to disciplinary action. SB 78 (Chap No. 22-2025) relates to the inspection and marking of hides and meat of slaughtered animals.

The bill requires state inspectors to issue a certificate of inspection and attach it to the inspector’s certificate sent to the county clerk and recorder. HJR 34 supports Montana’s beef producers. SB 161 pertains to Montana’s aquaculture industry and outlines the regulations governing aquaculture.

It states that commodities in liquid form may be sold only by liquid measure or by weight, and commodities not in liquid form may be sold only by weight, by measure of length or area, or by count.

Nebraska

In Nebraska, L 245 relates to the State Pure Food Act and the Weights and Measures Act.

This bill provides that no person shall operate a food establishment, food processing plant, or salvage operation without a valid permit, and specifies the permit fees. Certain entities are exempt, including educational institutions, healthcare facilities, nursing homes, and governmental organizations. The law provides that if any entity utilizes an outside food service provider, that provider must pay applicable fees.

The Nebraska legislature enacted LB 245, which amends the state’s Pure Food Act.

The bill provides that no person shall operate a food establishment or food processing plant without a valid permit. The legislature specifically exempted educational institutions, healthcare facilities, nursing homes, and governmental organizations from the act. The bill adds that if any entity uses an outside food service provider, such provider shall pay any applicable fee.

Nevada

Nevada’s SB 466 transfers the authority to regulate and permit food establishments from the Division of Public and Behavioral Health within the Department of Health and Human Services to the State Department of Agriculture.

This transfer includes the authority of the state Department of Agriculture to adopt, amend, and enforce regulations to provide for the sanitary protection of water and food supplies in retail food establishments.

The Nevada legislature enacted SB 466, which transfers the authority to regulate and permit food establishments from the Division of Public and Behavioral Health within the Department of Health and Human Services to the Department of Agriculture.

The Department of Agriculture was given the authority to adopt, amend, and enforce regulations to provide for the sanitary protection of water and food supplies. This bill means that the Department of Health and Human Services no longer regulates food establishments.

Nevada enacted AB 352 (Chap. No. 420-2025), which revises and reorganizes specific provisions governing cottage food establishments.

The bill requires a person who wishes to conduct a cottage food operation to apply for a license to the Department of Agriculture. The bill also addresses cottage cosmetic operations, allowing for the sale of cosmetics via telephone or the internet. The bill requires a cottage cosmetics operation to apply for a license with the state Department of Agriculture.

Nevada’s AB 251 (Chap. No. 416-2025) revises provisions governing custom processing establishments and mobile processing units for specific purposes relating to the inspection of meat and poultry.

New Hampshire

The New Hampshire legislature enacted three bills related to food freedom.

  • HB 304 (Chap. No. 28-2025) and HB 307 (Chap. No. 46-2025) relate to foods produced in homestead kitchens. HB 304 mandates labeling for all foods produced in homestead kitchens, including the physical or email address and phone number of the homestead food operation.
  • HB 307 addresses health and sanitation requirements for homestead food production. This bill defines homestead food operations and regulates food contact surfaces, general sanitation, and the exclusion of pets. The bill allows for homestead food products to be sold in packages from the home or a farm stand, at a farmers’ market, or at a retail food store. Furthermore, the bill outlines packaging and labeling requirements.
  • HB 505 (Chap. No. 193-2025) allows the sale of freeze-dried foods produced in homestead food operations.

New Hampshire’s HR 18 urges the U.S. Department of Agriculture to adopt regulations that permit small-scale slaughter plants to use specific inspection criteria, enabling the sale of processed beef, pork, lamb, and goat meat from farms directly to the end consumer.

North Dakota

North Dakota’s HB 1131 (Chap. No. 83-2025) establishes that a farmer may sell raw milk to a consumer but may not sell to a wholesaler or retail store.

Dairy farmers are unable to sell their products outside the state and cannot donate raw milk. Raw milk must be labeled.

North Dakota’s HB 1151 (Chap. No. 503-2025) deals with cell-cultured proteins.

The bill authorizes a legislative management study on the regulation of cell-cultured proteins, including an analysis of litigation in other states, the regulatory landscape, partner impacts, and the feasibility of adopting a prohibition on cell-cultured proteins in the state.

Oklahoma

The Oklahoma legislature enacted HB 1076.

This bill creates the Food Truck Freedom Act and authorizes the state commissioner of health and local authorities to regulate mobile food vendors.

Oklahoma’s SB 777 (Chap. No. 166-2025) relates to the commingling of commercial aquatic species with wild ones. The bill authorizes the Department of Wildlife Conservation to manage commercial transactions of wild marine animals.

Further, it enables the Department of Agriculture, Food, and Forestry to assess specific import fees, requiring each shipment to possess certain certificates.

Oklahoma’s HB 1076 (Food Freedom Truck Act, Chap. No. 19-2025) establishes a single, statewide permit for mobile food vendors to operate within the state while ensuring compliance with health and safety standards.

Once the state food establishment license is recognized, a vendor may operate at any location permitted by the local authority, including private properties. HB 2459 requires mobile units to maintain fire extinguishers on site and comply with Oklahoma fire regulations.

Oregon

Oregon’s SB 809 (Chap. No. 00035-2025) clarifies that the State Department of Agriculture may inspect poultry products under the state meat inspection program.

South Carolina

South Carolina enacted SB 103 (Act 14-2025), which pertains to the labeling or misrepresentation of products derived from cell-cultured meats and requires labeling of cell-cultivated food products.

South Dakota

South Dakota’s HB 1022 (Chap. No. 168-2025) addresses cell-cultivated proteins.

The bill prohibits the misbranding of any carcass, part thereof, or meat food product of any cell-cultured protein product. A label is false or misleading if it contains any cell-cultured proteins and does not clearly state prominently and conspicuously the words “cell-cultured” or “lab-grown” in a type of uniform size and prominence immediately adjacent to the name of the food on the label.

Tennessee

The Tennessee legislature expanded its Meat Inspection Act. SB 1265 (Chap. No. 463-2025) creates a federally-recognized State Meat Inspection Program under the Department of Agriculture to increase production capacity for unadulterated and properly branded meat and meat food products.

The bill states that establishments and persons are ineligible for inspection services unless they have obtained a valid license from the Commissioner of Agriculture.

Texas

Texas passed two bills related to oysters. HB 609 (Chap. No. 550-2025) relates to the cleaning of a structure used to grow oysters for cultivated oyster mariculture, as does SB 261 (Chap. No. 968-2025).

Texas’s SB 541 (Chap. No. 303-2025) provides that a local government authority, including a local health department, may not employ or continue to employ a person who knowingly requires or attempts to require a cottage food production operation to obtain a license or permit.

Texas’s HB 2844 (Regulation of Mobile Food Vendors, Chap. No. 744-2025) extends beyond mobile food trucks to include retail food stores.

It provides exemptions for small-scale food producers with annual sales of less than $1.5 million from regulatory oversight.

Texas’s SB 1008 provides for permits, licenses, or certifications of food service establishments, retail food stores, mobile food units, roadside food vendors, or temporary food service establishments. The law establishes fee schedules for counties, municipalities, and public health districts.

The bill regulates the serving of food at workplaces and the issuance of food manager certificates. Texas HB 2844 relates to the regulation of mobile food service establishments, including retail food stores and mobile food vendors. The law requires an occupational license and imposes fees.

Texas’s SB 25 (Chap. No. 1179-2025) relates to health and nutrition standards to promote healthy living, including requirements for food labeling.

The law mandates warning labels on food products sold in Texas that contain specific ingredients, provided these ingredients are required by the U.S. Food and Drug Administration to be disclosed and that the food is intended for human consumption. The goal is to educate consumers.

Utah

Utah followed a similar approach, with HB 402 (Chap. No. 466-2025) addressing chemicals in school lunches. HB 402 prohibits public schools from serving food containing certain synthetic dyes and additives, effective in the 2026-2027 school year. Additives banned by the bill include potassium bromate, propylparaben, and artificial colorings like Blue No. 1 and 2, Green No. 3, Red No. 3 and 40, and Yellow No. 5 and 6.

Utah amended its Agriculture and Food Law (HB 253-2025).

This bill amends the Fertilizer Act to the Plant Food Act, including modifications to definitions and conforming references. Further, the bill modifies information to be provided to operate a livestock market; amends the Domesticated Elk Act to address licensing, record retention, health information, and the marking of domesticated elk; and modifies the earmarking of sales and use taxes related to the Division of Conservation within the Department of Agriculture and Food.

Utah’s HB 414 (Chap. No. 58-2025) regulates the sale of raw milk.

This bill directs the Department of Agriculture and Food to establish rules regarding the testing of raw milk at third-party laboratories, addresses epidemiological investigations, outlines the procedures for testing, and sets forth requirements for cease and desist orders. SB 315 (Chap. No. 487-2025) modifies the sanitation and food safety standards for microenterprise home kitchens.

Utah’s HB 138 (Chap. No. 79-2025) requires labeling of food containing cultivated meat products and the labeling of food containing plant or insect-based meat substitutes.

The bill provides that a food. The establishment shall notify the Department of Agriculture and Food whether the food establishment plans to sell, hold, offer for sale, or distribute a cultivated meat product or a plant or insect-based meat substitute.

Vermont

Vermont’s HB 401 (Chap. No. 42-2025) relates to exemptions for food manufacturing establishments and requires training to ensure cleanliness, sanitation, and healthfulness.

Virginia

The Virginia legislature enacted two bills related to nutrition in schools: 

  • HB 1910 (Chap. No. 212-2025) refers to school nutritional requirements and includes a ban on seven color additives.
  • SB 1289 (Chap. No. 222-2025) relates to dietary standards for school meals and other foods, as well as prohibits the use of certain color additives.

West Virginia

West Virginia enacted one of the most far-reaching bills, HB 2354 (Act No. 211 of 2025).

The bill bans seven food dyes in school food by 2027 and prohibits their use statewide by 2028. These bans include butylated hydroxyanisole, propylparaben, FD and C Blue No. 1 and 2, Green No. 3, Red No. 3 and 40, and Yellow No. 5 and 6.

The bills banning food dyes and chemicals in school meals, requiring restaurant signage if they serve certain foods, mandating food labeling, and requiring continuing education requirements for medical professionals reflect a broader effort toward state-level food safety regulation that is not directed by the public health community but by people concerned with health in this country. Their efforts are leading states to act regardless of federal activities, placing burdens on the food industry to respond to these requests.

West Virginia’s SB 369 (Select Plant-Based Derivative and Derivative Products Act, Act 171-2025) authorizes the Department of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry.

Wyoming

Wyoming’s SB 84 (Chap. No. 84-2025) authorizes country of origin labeling for beef that is a product of the U.S.

In Wyoming, SB 120 (Chap. No. 43-2025) provides for the sale of producer-raised, homemade meat products.

This bill allows a producer to sell meat products from cattle, sheep, swine, or goats raised by the producer that were slaughtered on the producer’s premises or at a custom slaughter facility, provided that the meat products are produced from animals raised, slaughtered, processed, and sold in the state. Consumers must be warned that state or federal inspectors have not inspected this meat.

Editor’s note: Doug Farquhar, J.D., is the governmental affairs director at the Denver-based National Environmental Health Association (NEHA). He has once again exclusively provided Food Safety News with a detailed report on food safety developments in the 50 states. He developed his system for tracking state legislative action during his tenure with the National Conference of State Legislatures (NCSL). We are delighted to share his most recent findings with our readers.

(To sign up for a free subscription to Food Safety News, click here.) 

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