- Earlier this year a bipartisan group of California lawmakers introduced AB 1264, which directs the California Office of Environmental Health Hazard Assessment (OEHHA) to define “ultra-processed foods” (UPFs) and phase out identified prohibited foods from school meals beginning January 1, 2028. The bill also targets certain additives from being used in schools, including Red 40. The bill broadly defines UPFs as foods that contain one or more of certain functional ingredients, such as colorants, flavorings, sweeteners, emulsifiers, and thickening agents.
- If passed, beginning July 1, 2035, the bill would prohibit schools from offering meals that include “particularly harmful ultra-processed foods,” and from “selling food or beverages . . . containing those particularly harmful ultra-processed foods,” except for food items sold as part of a school fundraising event.
- AB 1264 would also require vendors to report the total quantity of food product sold to schools and identify whether the product is “particularly harmful.” OEHHA must submit a report to the California legislature with “recommendations for state and local legislative actions that could reduce the consumption of ultra-processed foods and particularly harmful ultra-processed foods in schools.”
- As we’ve previously reported, multiple states have proposed bans on various food additives and “ultra-processed foods.”
- The bill is currently before the California Senate. Keller and Heckman will continue to monitor and relay any legislative updates in this area.
