Unbiased Information You Can Trust
candy and sweets with no food dye and pfas

Proposed Food Dye Bans (Active Updates)

icon favorite Apr 10, 2025
clock icon 2 min read
candy and sweets with no food dye and pfas
Proposed Food Dye Bans (Active Updates)

Last Updated: April 14, 2025 - Subscribe to Infoverus to stay updated!

Comprehensive State Food Dye Guide

STATE

Banned Items

Effective Date

Bill/Law (as of April 8, 2025)

California

(1) Brominated vegetable oil (CAS no. 8016-94-2).

(2) Potassium bromate (CAS no. 7758-01-2).

(3) Propylparaben (CAS no. 94-13-3).

(4) Red dye 3 (CAS no. 16423-68-0).

 

October 7, 2023

Law

West Virginia

See Infoverus Article: Link

See Infoverus Article: Link

Law

Arizona

    • Potassium bromate.
    • Propylparaben.
    • Titanium dioxide.
    • Brominated vegetable oil.
    • Yellow dye 5.
    • Yellow dye 6.
    • Blue dye 1.
    • Blue dye 2.
    • Green dye 3.
    • Red dye 3.
    • Red dye 40

2026-2027 School Year

Law (Signed April 14, 2025)

Arkansas

    • Potassium bromate
    • Propylparaben

January 1, 2028

Bill

Connecticut

    • red dye number two,  red dye number four,
    • green dye number one,
    • green dye number two,
    • violet dye number one,
    • butter yellow dye,
    • orange dye number one,
    • orange dye number two,
    • red dye number forty,
    • yellow dye number five,
    • yellow dye number six,
    • blue dye number one,
    • blue dye number two,
    • carmoisine, or
    • erythrosine.

TBD

Bill

Delaware

    • Red Dye 40

2026–2027 school year

Bill

Florida

    • Blue 1,
    • Blue 2,
    • Green 3,
    • Red 40,
    • Yellow 5,
    • Yellow 6,
    • Titanium dioxide when used as a color additive

 

July 1, 2026

Bill

Hawaii

    • PFAS and
    • Blue 1
    • Blue 2
    • Green 3
    • Red 40
    • Yellow 5
    • Yellow 6

January 1, 2026

Bill

Illinois

    • PFAS
    • Arsenic, 
    • Cadmium, 
    • Lead, and 
    • Mercury

January 1, 2032 (PFAS)

January 1, 2027 (Baby Food)

Bill

Indiana

    • Blue 1
    • Blue 2
    • Green 3
    • Brominated vegetable oil
    • Propylparaben
    • Potassium bromate
    • Red 3
    • Red 40
    • Yellow 5
    • Yellow 6
    • Butylated hydroxyanisole (BHA)
    • Butylated hydroxytoluene (BHT)
    • Titanium dioxide

 

TBD

Bill

Kentucky

    • Brominated vegetable oil (CAS 8016-94-2)
    • Potassium bromate (CAS 7758-01-2)
    • Propylparaben (CAS 94-13-3)
    • Titanium dioxide (CAS 13463-67-7)
    • Red dye 3 (CAS 16423-68-0)
    • Red dye 40 (CAS 25956-17-6)
    • Yellow dye 5 (CAS 1934-21-0)
    • Yellow dye 6 (CAS 2783-94-0)
    • Blue dye 1 (CAS 3844-45-9)
    • Blue dye 2 (CAS 860-22-0)
    • Green dye 3 (CAS 2353-45-9)

 

2026-2027 school year

Bill

Louisiana

    • Blue dyes 1 and 2
    • Green dye 3
    • Red dyes 3 and 40
    • Yellow dyes 5 and 6
    • Azodicarbonamide
    • Butylated hydroxyanisole (BHA)
    • Butylated hydroxytoluene (BHT)
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide

 

2026-2027 school year

Bill

Maryland

Baby Foods:

    • Arsenic,
    • cadmium,
    • lead, and
    • mercury

 

Food Additives/Ingredients:

    • Red Dye No. 3
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben

 

Baby Foods: January 1, 2026

 

 

 

 

Food Additives:

October 1, 2025 for warning label and October 1, 2028 full ban

Bill

Massachusetts

    • Blue 1 (CAS 3844-45-9)
    • Blue 2 (CAS 860-22-0)
    • Green 3 (CAS 2353-45-9)
    • Red 3 (CAS 16423-68-0)
    • Red 40 (CAS 25956-17-6)
    • Yellow 5 (CAS 1934-21-0)
    • Yellow 6 (CAS 2783-94-0)

 

December 31, 2028

Bill

Minnesota

Ortho-Phthalates

July 1, 2026

Bill

Missouri

Labeling Requirements:

    • Acrylamide
    • Arsenic
    • Bisphenol A (BPA)
    • Blue 1
    • Cadmium
    • Di(2-ethylhexyl)phthalate (DEHP)
    • Lead
    • Mercury
    • Red 40
    • Yellow 5
    • Yellow 6

 

School Ban:

    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Brominated vegetable oil
    • Yellow dyes 5 and 6
    • Blue dyes 1 and 2
    • Green dye 3
    • Red dyes 3 and 40

 

Labeling: date not specified

 

 

 

 

 

 

 

 

 

 

 

 

School Ban: 2026-2027 School Year

Bill

New Jersey

Food Additive Ban:

    • Brominated vegetable oil (CAS No. 8016-94-2)
    • Potassium bromate (CAS No. 7758-01-2)
    • Propylparaben (CAS No. 94-13-3)
    • Red dye 3

 

 

Banned Chemicals in Packaging:

    • Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
    • Ortho-phthalates
    • Bisphenols
    • Halogenated and organophosphorus flame retardants
    • Non-detectable pigments (e.g., carbon black)
    • Oxo-degradable and oxo-biodegradable additives
    • UV-328 and other UV light absorbers
    • Chlorinated paraffins
    • Toxic metals (excluding lead, cadmium, mercury, hexavalent chromium)
    • Antimony trioxide
    • Formaldehyde
    • Perchlorate
    • Toluene
    • Vinyl chloride

 

Food Requirements: Effective 13 months after enactment.

 

 

 

 

 

Packaging Requirements:

2 years after enactment.

Bill

New Mexico

PFAS

Phased approach beginning January 1, 2027

Bill

New York

Labeling Requirements:

    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye 3
    • Titanium dioxide
    • Any additional harmful ingredient deemed by the Commissioner of Agriculture and Markets

 

School Food Dye Ban:

    • Red 3
    • Red 40
    • Blue 1
    • Blue 2
    • Green 3
    • Yellow 5
    • Yellow 6
    • Titanium dioxide

Labeling Requirements: 180 days after the bill becomes law.

 

 

 

 

 

 

School Requirements: Not specified

Bill

North Carolina

    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye 40
    • Yellow dyes 5 and 6
    • Blue dyes 1 and 2
    • Green dye 3

January 1, 2027

Bill

Oklahoma

    • Aspartame
    • Azodicarbonamide (ADA)
    • Blue dyes 1 and 2
    • Brominated vegetable oil (BVO)
    • Butylated hydroxyanisole (BHA)
    • Butylated hydroxytoluene (BHT)
    • Ethylene dichloride
    • Green dye 3
    • Methylene chloride
    • Potassium bromate
    • Propyl gallate
    • Propylparaben
    • Red dyes 3 and 40
    • Sodium benzoate
    • Sodium nitrate
    • Titanium dioxide
    • Trichloroethylene
    • Yellow dyes 5 and 6 (Section 1(A))

 

January 15, 2027

Bill

Oregon

    • Red Number 3 (a synthetic food dye)
    • Potassium bromate (a dough conditioner)
    • Propylparaben (a preservative)

 

July 1, 2027

Bill

Pennsylvania

    • Inorganic arsenic: 10 parts per billion (ppb)
    • Lead: 5 ppb
    • Cadmium: 5 ppb
    • Mercury: 2 ppb

TBD

Bill

Rhode Island

Additive Ban:

    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red Dye 3

 

School Food Dye Ban:

    • FD&C Blue No. 1 and No. 2
    • FD&C Green No. 3
    • FD&C Red No. 40
    • FD&C Yellow No. 5 and No. 6

 

January 1, 2027

Bill

Tennessee

Red 40

August 1, 2027

Bill

Texas

 See Infoverus Article: Link

See Infoverus Article: Link

Bill

Utah

    • Potassium bromate
    • Propylparaben
    • FD&C Blue No. 1
    • FD&C Blue No. 2
    • FD&C Green No. 3
    • FD&C Red No. 3
    • FD&C Red No. 40
    • FD&C Yellow No. 5
    • FD&C Yellow No. 6

2026–2027 school year

Bill

Vermont

    • Brominated vegetable oil (CAS no. 8016-94-2)
    • Potassium bromate (CAS no. 7758-01-2)
    • Propylparaben (CAS no. 94-13-3)
    • Red dye no. 3 (CAS no. 164423-68-0)

 

January 1, 2027

Bill

Virginia

Toxic heavy metals in amounts that exceed FDA-established limits

January 1, 2026

Bill

Washington

    • Brominated vegetable oil (CAS No. 8016-94-2)
    • Potassium bromate (CAS No. 7758-01-2)
    • Propylparaben (CAS No. 94-13-3)
    • Red dye no. 3

January 1, 2027

Bill

 

Arizona School Food Dye Ban

Signed Into Law: April 14, 2025

Executive Summary:

On April 14, 2024 Governor Katie Hobbs signed H.B. 2164 into law prohibiting public schools from serving, selling, or allowing third parties to sell "ultraprocessed food" on campus during the regular school day. The law targets foods and drinks containing specific chemical additives and artificial dyes. This restriction will take effect starting in the 2026–2027 school year. However, parents and guardians may still provide such foods to their own children during school hours.

 

Key Provisions:

  • Ban on Ultraprocessed Food Sales and Distribution:
    Public schools in Arizona are not allowed to serve, sell, or permit third parties to sell ultraprocessed food on school campuses during the normal school day. However, parents and guardians are still allowed to give these foods to their children at school.
  • Definition of Ultraprocessed Food:
    The term "ultraprocessed food" is defined as any food or beverage containing one or more of the following ingredients:
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Brominated vegetable oil
    • Yellow dye 5
    • Yellow dye 6
    • Blue dye 1
    • Blue dye 2
    • Green dye 3
    • Red dye 3
    • Red dye 40
  • Effective Date of Ban:
    The ban will begin in the 2026–2027 school year.

 

Arkansas Food Dye Ban

 

Executive Summary:

The “Make Arkansas Healthy Again Act” prohibits the manufacturing, sale, and distribution of food products containing two specific chemical additives—potassium bromate and propylparaben—within the state of Arkansas. This law aims to protect public health by removing these substances from food intended for human consumption. It includes financial penalties for violations and will take effect starting January 1, 2028.

 

Key Provisions:

  • Official Name of the Law:
    The law is formally titled the “Make Arkansas Healthy Again Act.” (Section 20-57-403(a))
  • Banned Substances in Food Products:
    The law bans the use of two substances in any food product meant for human consumption:
    • Potassium bromate (CAS no. 7758-01-2)
    • Propylparaben (CAS no. 94-13-3) (Section 20-57-403(b))
  • Scope of Prohibition:
    It is illegal for any person or business to manufacture, sell, deliver, distribute, hold, or offer for sale in commerce any food containing either of the banned substances. (Section 20-57-403(b))
  • Enforcement and Penalties:
    Violations of this law may result in civil penalties:
    • Up to $5,000 for the first offense
    • Up to $10,000 for each additional offense
      The law can be enforced through legal action brought by the Attorney General, a city attorney, a county attorney, or a prosecuting attorney.
      (Section 20-57-403(c))
  • Effective Date:
    The law goes into effect on January 1, 2028. (Section 2)

 

Connecticut Food Additive Bans

 

Executive Summary:

Connecticut lawmakers introduced three legislative proposals—Senate Bill 968, House Bill 6808, and House Bill 147—that aim to restrict or ban the use of certain artificial dyes and chemical additives in food products. These bills target a wide range of color additives and food processing chemicals, proposing statewide bans on their sale, distribution, and manufacture for foods intended for human consumption. While each bill varies slightly in scope, all reflect a growing concern about specific food additives.

Key Provisions:

  • Senate Bill 968 – Ban on Certain Food Dyes:
    This bill would prohibit the manufacture, sale, possession, delivery, or distribution of any food product for human consumption if it contains any of the following dyes:
    • Red dye numbers 2, 4, and 40
    • Green dye numbers 1 and 2
    • Violet dye number 1
    • Butter yellow dye
    • Orange dye numbers 1 and 2
    • Yellow dye numbers 5 and 6
    • Blue dye numbers 1 and 2
    • Carmoisine
    • Erythrosine
  • House Bill 6808 – Ban on Specific Additives and Dyes in Food and as Additives:
    This bill targets both the direct use of certain additives in food and their inclusion as food additives. The banned substances include:
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye number 3
    • Titanium dioxide
  • House Bill 147 – Prohibition of Key Additives in Foods for Human Consumption:
    This bill closely aligns with House Bill 6808 but focuses solely on food products (not food additives in general). It bans the manufacture, sale, or distribution of food containing:
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye number 3

 

Delaware Red Dye 40 Ban

 

Executive Summary:

Delaware has passed a new law prohibiting the sale and service of foods and beverages containing Red dye 40 in public school settings. The ban applies to all meals and snacks offered on school campuses during the school day, including breakfast, lunch, and competitive foods that are not part of federally reimbursed meal programs. The law allows the state’s Department of Education to issue regulations as needed and will be enforced starting in the 2026–2027 school year.

 

Key Provisions:

  • Definition of Key Terms:
    The law includes several definitions to clarify its scope:
    • Breakfast and lunch follow definitions from federal nutrition regulations (7 C.F.R. §§ 220.2 and 210.2).
    • Campus refers to areas controlled by school districts or charter schools that are accessible to students.
    • Competitive food includes all food and drink items available for sale to students on campus during the school day that are not part of federally reimbursed meal programs.
    • School day spans from midnight before the school day begins to 30 minutes after it ends. (§ 4137B(a)(1)–(6))
  • Ban on Red Dye 40 in School Food and Drink:
    Public school districts and charter schools are prohibited from selling or serving breakfast, lunch, or competitive foods on campus during the school day if those items contain Red dye 40 (CAS no. 25956-17-6). (§ 4137B(b))
  • Regulatory Authority:
    The Delaware Department of Education is authorized to adopt rules or issue regulations to help enforce and implement this policy. (§ 4137B(c))
  • Implementation Date:
    The law is effective immediately but must be fully implemented by July 1, 2026. (Section 2)

 

Florida Food Dye Restrictions

 

Executive Summary:

Florida has introduced two key pieces of legislation—Senate Bill 641 and Senate Bill 1826—targeting synthetic food colorings and additives. Senate Bill 641 focuses on labeling requirements and penalties for synthetic color additives in food products. Senate Bill 1826 aims to limit the availability of ultra-processed foods containing certain dyes and additives in public school meals. These measures reflect increasing state-level efforts to regulate food ingredients believed to be linked to child health concerns. Effective beginning July 1, 2026 (SB 641); conditional effective date based on federal action for SB 1826

 

Key Provisions:

  • Senate Bill 641 – Labeling for Synthetic Color Additives:
    • Blue 1
    • Blue 2
    • Green 3
    • Red 40
    • Yellow 5
    • Yellow 6
    • Titanium dioxide (when used as a color additive)
    • Up to $1,000 per item for the first violation
    • Up to $2,500 per item for the second violation
    • Up to $5,000 per item for third or further violations (SB 641, Section 500.181(2)(a))
    • Written warning for the first offense
    • Citation requiring corrective action for the second offense
    • Fines from $750 to $2,500 for further offenses (SB 641, Section 500.181(2)(b))
  • Warning Requirement:
    • Starting July 1, 2026, any food or drink product containing the following synthetic color additives must display a warning label:
      “WARNING: This product contains synthetic colors, which may have an adverse effect on activity and attention in children.” (SB 641, Section 500.181(1)(a))
  • Sticker Transition Period:
    • Manufacturers may use an adhesive sticker for the warning until December 31, 2028. Starting January 1, 2029, the warning must be printed directly on the packaging. (SB 641, Section 500.181(1)(b))
    • Manufacturer Penalties:
    • Retailer/Distributor Penalties:
  • Use of Collected Fines:
    • All fines will go to the General Inspection Trust Fund and be enforced through regular food inspections. (SB 641, Section 500.181(2)(c))
  • Senate Bill 1826 – Ban on Ultra-Processed Foods in Schools:
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Brominated vegetable oil
    • Yellow dyes 5 and 6
    • Blue dyes 1 and 2
    • Green dye 3
    • Red dyes 3 and 40 (SB 1826, Section 595.4051(3)(a))
  • Legislative Findings:
    • The bill declares that ultra-processed foods contribute to childhood obesity and poor student health. It also criticizes existing U.S. dietary guidelines as outdated and influenced by food industry interests. (SB 1826, Section 595.4051(1))
  • Federal Guidelines Clause:
    • If new federal dietary guidelines are issued on or after January 1, 2025, Florida will no longer require school cafeterias to follow the 2020–2025 guidelines and will instead encourage meals based on whole, minimally processed foods. (SB 1826, Section 595.4051(2))
  • Definition of Ultra-Processed Food:
    • Foods or drinks containing any of the following are considered ultra-processed:
  • School Ban on Ultra-Processed Food:
    • Public schools are prohibited from selling or serving foods with the listed ingredients during the school day. Parents and guardians, however, may still provide such food for their children. (SB 1826, Section 595.4051(3)(b))

 

Hawaii Plastic and Dye Ban

 

Executive Summary:

Hawaii House Bill 644 introduces a comprehensive ban on single-use plastic food containers and packaging containing regulated chemicals like perfluoroalkyl and polyfluoroalkyl substances (PFAS), effective in 2026. The bill aims to reduce plastic waste and exposure to harmful chemicals. Additionally, Hawaii law also prohibits certain artificial dyes in school meals, targeting additives linked to potential health risks in children.

 

Key Provisions:

  • Ban on Single-Use Plastic Food Ware (Effective January 1, 2026):
    Businesses selling packaged food or beverages for individual consumption are prohibited from using, selling, or distributing single-use or disposable plastic items including:
    • Food ware (plates, bowls, clamshells, trays)
    • Beverage cups and lids
      (§342H, subsection (a))
  • Exemptions from the Plastic Ban:
    The following are not subject to the plastic ban:
    • Reusable and refillable containers
    • Compostable plastics, provided there is local infrastructure for processing
    • Packaging used in emergency situations declared by a county or the governor
      (§342H, subsection (b))
  • Ban on PFAS in Food Packaging (Effective January 1, 2026):
    Businesses may not use, sell, or distribute disposable food packaging containing regulated PFAS compounds.
    (§342H, subsection (c))
  • Enforcement and Penalties:
    Violations may result in:
    • Orders to stop distribution or sale
    • Fines of $100–$1,000 per day for continued violations
      The state Department of Health is responsible for enforcement and may seek court-ordered penalties or injunctions.
      (§342H, subsection (d))
  • Definitions Included in the Bill:
    The bill clearly defines key terms, including:
    • “Plastic” – Includes synthetic materials like polystyrene and polylactic acid, but excludes natural materials like paper or bamboo
    • “PFAS” – Fluorinated organic chemicals intentionally added to products or found at levels above 100 ppm
    • “Compostable plastics” – Certified to ASTM D6400 and D6868 standards
      (§342H, subsection (e))
  • School Meal Dye Ban (Separate Provision):
    Hawaii law also prohibits the inclusion of the following synthetic dyes in school meals:
    • Blue 1
    • Blue 2
    • Green 3
    • Red 40
    • Yellow 5
    • Yellow 6

 

Illinois PFAS Product Ban & Heavy Metals (Baby Food)

 

Executive Summary:

The State of Illinois has amended its PFAS Reduction Act to expand restrictions on the sale and distribution of consumer products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Starting in 2032, a wide range of everyday products—particularly those that come in contact with the human body or food—will be banned from sale if they contain PFAS.

 

Illinois Senate Bill 73 adds Section 11.7 to the Illinois Food, Drug and Cosmetic Act, establishing strict rules for testing and transparency in the manufacturing and sale of baby food. The law focuses on limiting exposure to toxic elements—arsenic, cadmium, lead, and mercury—in baby food products intended for children under two years old. Starting in 2027, manufacturers must test their products, report findings, and share detailed product information with consumers

 

Key Provisions (PFAS Ban):

  • Expanded PFAS Ban:
    Beginning January 1, 2032, no person may sell, offer for sale, or distribute for sale in Illinois any of the following products if they contain intentionally added PFAS:
    • Cookware
    • Cosmetics
    • Dental floss
    • Juvenile products (e.g., children’s toys or gear)
    • Menstrual products
    • Intimate apparel
    • Food packaging or food contact products
      (Amendment to PFAS Reduction Act)

 

Key Provisions (Heavy Metals (Baby Food))

  • Heavy Metals Ban on Baby Food:
    The law applies to "baby food," defined as any food sold specifically for children under two years old, excluding infant formula. It introduces terms such as:
    • Final baby food product: the packaged, finished food with a Universal Product Code (UPC)
    • Toxic elements: arsenic, cadmium, lead, and mercury
    • Proficient laboratory: a certified lab that meets ISO/IEC 17025:2017 standards and uses U.S. Food and Drug Administration (FDA)-approved methods (Sec. 11.7(a))
  • Product Testing Requirement:
    • Each production aggregate of a final baby food product must be tested monthly by a proficient laboratory.
    • Testing must detect toxic elements down to at least 6 micrograms per kilogram of food. (Sec. 11.7(c))
  • Data Submission to the State:
    • Manufacturers must provide testing results to the Illinois Department of Public Health upon request. (Sec. 11.7(d))
  • Consumer Transparency (Effective January 1, 2027):
    • The name and levels of each toxic element found in each production batch
    • Product details (e.g., name, UPC, size, lot/batch numbers)
    • A statement: “For information about the toxic element testing on this product, scan the Quick Response (QR) Code.”
    • A QR code linking to test results and the latest FDA guidance on toxic elements (Sec. 11.7(e))
    • Manufacturers must publish on their website:
    • If a toxic element is subject to an FDA action level or tolerance, product labels must include:
  • Consumer Reporting Mechanism:
    • The Illinois Department of Public Health must create rules for a consumer reporting system for baby food concerns. (Sec. 11.7(f)).

 

Indiana Food Additive Ban

 

Executive Summary:

The Indiana General Assembly introduced two bills—House Bill 1247 and House Bill 1655—that seek to ban a number of synthetic food additives in the state. Each bill targets different groups of additives. Both propose to make it illegal to sell, store, distribute, or use food containing these substances, with enforcement delegated to the Indiana Department of Health and penalties for violations set as criminal misdemeanors. The bills are part of a broader public health initiative aimed at reducing consumer exposure to potentially harmful food additives. Effective July 1, 2025.

 

Key Provisions:

  • Purpose and Scope:
    Both bills create a new section in the Indiana Code titled “Restrictions on Food Additives” (IC 16-42-5.5), applying to all food products made, sold, or distributed in the state.
    (HB 1247 & HB 1655, Chapter 5.5, Sec. 1)
  • Definition of Prohibited Food Additives:
    • Under House Bill 1247:
      The following substances are prohibited:
      • Blue 1
      • Blue 2
      • Green 3
      • Brominated vegetable oil
      • Propylparaben
      • Potassium bromate
      • Red 3
      • Red 40
      • Yellow 5
      • Yellow 6
        (HB 1247, Sec. 3)
    • Under House Bill 1655:
      The following different or additional substances are prohibited:
      • Butylated hydroxyanisole (BHA)
      • Butylated hydroxytoluene (BHT)
      • Red 40
      • Titanium dioxide
      • Yellow 5
      • Yellow 6
        (HB 1655, Sec. 3)
  • Activities Prohibited:
    A person or business may not:
    • Sell food containing a prohibited additive
    • Store such food
    • Distribute such food
    • Use a prohibited additive in food preparation
    • Manufacture the banned additives themselves
      (HB 1247 & HB 1655, Sec. 4)
  • Enforcement and Rulemaking Authority:
    • The Indiana Department of Health is authorized to adopt rules to implement and enforce the law.
    • The State Health Commissioner is responsible for enforcement.
      (HB 1247 & HB 1655, Sec. 5–6)
  • Criminal Penalties:
    • Any person who recklessly violates the law commits a Class B misdemeanor.
      (HB 1247 & HB 1655, Sec. 7).

 

Iowa School Meal Ingredient Restrictions

 

Executive Summary

House File 212, introduced by the Iowa House Committee on Education, proposes regulations on the ingredients used in meals and beverages provided to students in Iowa's public schools, charter schools, and innovation zone schools. The bill mandates the use of natural fats and oils in meal preparation and prohibits specific artificial additives. If enacted, these provisions would take effect starting with the 2027–2028 school year.

 

Key Provisions

  • Mandatory Use of Natural Fats and Oils
    Schools offering breakfast or lunch programs must use natural fats and oils—such as butter, beef tallow, lard, coconut oil, avocado oil, and olive oil—for meal preparation. The use of margarine, defined as any butter substitute made with non-natural fats or oils, is prohibited.
  • Prohibited Ingredients in School Meals
    Meals served as part of school breakfast or lunch programs cannot contain the following ingredients:
    • Blue dye 1
    • Blue dye 2
    • Brominated vegetable oil
    • Green dye 3
    • Margarine
    • Potassium bromate
    • Propylparaben
    • Red dye 3
    • Red dye 40
    • Yellow dye 5
    • Yellow dye 6
  • Restrictions on Food and Beverage Distribution
    School employees are prohibited from providing students with any food or beverages containing the listed prohibited ingredients during the school day. Additionally, the sale of beverages with these ingredients is not allowed during school functions or sponsored activities unless:
    • The sale occurs off school property, or
    • The sale takes place at least 30 minutes after the end of the school day.
  • Applicability Date
    The regulations outlined in House File 212 would apply to school years beginning on or after July 1, 2027.

 

Kentucky School Food Dye Ban

 

Executive Summary:

Kentucky House Bill 439 proposes changes to school nutrition rules by banning the sale or distribution of “ultra-processed foods” during the school day, beginning with the 2026–2027 academic year. These changes aim to reduce student exposure to certain synthetic food additives and dyes. The bill includes a clear definition of banned substances and outlines where and when the restrictions apply, without affecting food-related fundraisers held off school grounds or outside school hours.

 

Key Provisions:

  • Definition of Ultra-Processed Food:
    Under the bill, "ultra-processed food" is defined as any food product intended for human consumption that contains one or more of the following:
    • Brominated vegetable oil (CAS 8016-94-2)
    • Potassium bromate (CAS 7758-01-2)
    • Propylparaben (CAS 94-13-3)
    • Titanium dioxide (CAS 13463-67-7)
    • Red dye 3 (CAS 16423-68-0)
    • Red dye 40 (CAS 25956-17-6)
    • Yellow dye 5 (CAS 1934-21-0)
    • Yellow dye 6 (CAS 2783-94-0)
    • Blue dye 1 (CAS 3844-45-9)
    • Blue dye 2 (CAS 860-22-0)
    • Green dye 3 (CAS 2353-45-9)
  • Ban on Ultra-Processed Foods in Schools:
    Starting in the 2026–2027 school year, schools may not sell or serve ultra-processed foods to students during the school day.
  • Locations Covered by the Ban:
    The ban applies to:
    • School cafeterias
    • Vending machines
    • School stores and canteens
    • Fundraisers held by students, teachers, or groups during the school day
  • Exemptions:
    The law does not restrict the sale of food or beverages at:
    • Fundraisers held off school property
    • Events held outside school hour.
  • Continued Limitation on Fast Food:
    • Schools must continue limiting access to retail fast foods in the cafeteria to one day per week.

 

Louisiana Nutrition and Ingredient Disclosure Act

 

Executive Summary:

Louisiana Senate Bill 14 establishes new food-related policies to improve public health across multiple areas. It prohibits ultra-processed foods in schools, mandates warning labels on certain food products with banned or controversial additives, and requires restaurants to inform customers of seed oil use. The bill also directs the state to seek federal approval to restrict soft drink purchases using Supplemental Nutrition Assistance Program (SNAP) benefits. Additional provisions mandate nutrition-related continuing education for physicians in key specialties.

Various effective dates – school food ban begins 2026–2027 school year; ingredient disclosures and seed oil notice take effect January 1, 2027.

 

Key Provisions:

  • Ban on Ultra-Processed Foods in Schools:
    Starting in the 2026–2027 school year:
    • Blue dyes 1 and 2
    • Green dye 3
    • Red dyes 3 and 40
    • Yellow dyes 5 and 6
    • Azodicarbonamide
    • Butylated hydroxyanisole (BHA)
    • Butylated hydroxytoluene (BHT)
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Public schools and nonpublic schools receiving state funds may not serve “ultra-processed food” to students during school meals.
    • This includes foods served at breakfast or lunch under a school food program.
      (R.S. 17:197.2, Sec. 1(A))
    • Ultra-Processed Food includes any product containing one or more of the following:
  • Mandatory Ingredient Warning Labels for Food Manufacturers (Effective January 1, 2027):
    Food products sold in Louisiana that contain any of 51 listed additives (including artificial colors, preservatives, and banned chemicals) must display a warning label stating:
    “WARNING: This product contains an artificial color, chemical, or food additive that is banned in Australia, Canada, the European Union, or the United Kingdom.”
    • The label must be prominently placed and easily visible.
    • Online listings for such products must also include the warning.
      (R.S. 40:661)
  • Seed Oil Disclosure by Restaurants (Effective January 1, 2027):
    Restaurants that cook with seed oils must notify customers via a disclaimer on the menu or in another clearly visible location.
    • Seed oils include canola, corn, cottonseed, flaxseed, grapeseed, rice bran, safflower, soybean, and sunflower oils.
      (R.S. 40:662)
  • Nutrition Education for Physicians:
    Physicians and physician assistants practicing in the fields of family medicine, internal medicine, pediatrics, and obstetrics/gynecology must complete continuing education in nutrition and metabolic health.
    • The Louisiana State Board of Medical Examiners will define course details.
      (R.S. 37:1270(A)(8))
  • SNAP Restrictions on Soft Drink Purchases:
    • Louisiana’s Department of Children and Family Services must request a federal waiver to ban the purchase of soft drinks using SNAP benefits.
    • If denied, the department must notify the legislature, revise the request, and resubmit it annually until approval is granted.
    • If approved, the state must implement the ban within six months.
      (R.S. 46:290)

 

Maryland Food Safety and Labeling Laws

 

Executive Summary:

Maryland passed several bills in 2024 and 2025 aimed at improving food safety and transparency. These laws target synthetic additives and toxic elements in both general food and baby food products. They include bans on manufacturing or selling products with certain food dyes and chemicals, mandatory labeling and testing requirements for baby foods, and consumer disclosure mandates for heavy metal content. The state imposes strict enforcement mechanisms, including civil and criminal penalties for violations.

 

Key Provisions:

Senate Bill 723 (Rudy’s Law) – Baby Food Toxic Heavy Metals

Effective October 1, 2024 (Labeling: January 1, 2026)

  • Applies to: Food labeled for children under age 2, excluding infant formula.
  • Heavy Metals Regulated: Arsenic, cadmium, lead, and mercury.
  • Manufacturer Requirements:
    • Monthly lab testing of each production batch by an accredited lab.
    • From Jan 1, 2026: test results must be posted on the manufacturer’s website and accessible by QR code on product packaging.
    • Labels must link to FDA guidance if metals exceed FDA action levels.
  • Consumer Reporting: Consumers can report potentially noncompliant products to the Maryland Department of Health.
    (SB 723, Sec. 21–330.4)​

 

House Bill 1208 – Food Additive Ban and Labeling for Red Dye No. 3

Effective October 1, 2025 (Ban fully effective October 1, 2028)

  • Initial Requirement (2025):
    • Products containing Red Dye No. 3 must include a clear warning label on packaging.
  • Expanded Ban (2028):
    • Red Dye No. 3
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Prohibits manufacturing, selling, or distributing food containing:
  • Penalties:
    • Misdemeanor: Up to $10,000 or 1 year imprisonment (first offense); up to $25,000 or 3 years (repeat offense).
    • Civil fines up to $5,000 per violation, with each day counted separately.
      (HB 1208, Sec. 21–259.4; 21–1215)​

 

Senate Bill 1136 – Prohibited Food Ingredients (Companion to HB 1208)

Effective October 1, 2027

  • Adds same food additive prohibitions as HB 1208:
    • Red Dye No. 3
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
  • Same penalties as HB 1208 (SB 1136, Sec. 21–259.4; 21–1215)​

 

Massachusetts School Food Dye Ban

 

Executive Summary:

Massachusetts Senate Bill 1531 amends state public health law to prohibit the sale or provision of school competitive foods and certain beverages containing synthetic dyes on public school grounds during the school day. The bill targets seven specific artificial food dyes commonly used in snacks, beverages, and processed foods. Exceptions are allowed for events held off school premises, after hours, or as part of school-sponsored fundraisers.

 

Key Provisions:

  • Ban on Food Dyes in School Competitive Foods:
    Beginning December 31, 2028, public schools in Massachusetts may not sell or offer “competitive foods” or non-sweetened carbonated water containing the following artificial dyes on school grounds from midnight before to 30 minutes after the end of the school day:
    • Blue 1 (CAS 3844-45-9)
    • Blue 2 (CAS 860-22-0)
    • Green 3 (CAS 2353-45-9)
    • Red 3 (CAS 16423-68-0)
    • Red 40 (CAS 25956-17-6)
    • Yellow 5 (CAS 1934-21-0)
    • Yellow 6 (CAS 2783-94-0) (Section 223(h))​​
  • Definition of Competitive Foods:
    While the bill does not provide a new definition, “competitive foods” generally refer to foods and beverages sold outside of federally reimbursed school meal programs, such as snacks from vending machines, a la carte lines, or school stores.
  • Permitted Exceptions to the Ban:
    Schools may allow the sale or provision of these items if:
    • The sale occurs off school premises.
    • The sale occurs on campus but more than 30 minutes after the school day ends.
    • The sale occurs at booster events, concession stands, or other school-sponsored fundraisers or events. (Section 223(i))

 

Minnesota Phthalate Testing Law

 

Executive Summary:

Minnesota Senate File 188 requires food manufacturers and brand owners to conduct and report testing for ortho-phthalates in all packaged food products offered for sale in the state. Ortho-phthalates are chemical compounds used in plastics that may migrate into food from packaging materials. This law mandates transparency and regular testing, sets standards for laboratories, and requires public disclosure of test results through product labeling and online databases.

 

Key Provisions:

  • Who the Law Applies To:
    • Food Manufacturers: Any entity that makes or brands packaged food for sale in Minnesota.
    • Brand Owners: Any person or company with the legal right to market a food product under a particular brand name.
    • Includes U.S. importers and first domestic distributors if the original manufacturer has no U.S. presence. (Sec. 1–3, Subds. 1a, 1b, 4a)
  • What is Covered:
    • The law applies to packaged food products, defined as any food fully or partially enclosed in packaging.
    • Excludes food packaged or made at retail stores, including meat, deli cheese, bakery goods, and produce. (Sec. 5, Subd. 8b)
  • Definition of Ortho-Phthalates:
    • Chemical compounds that are esters of phthalic acid, often found in food packaging. (Sec. 4, Subd. 8a)
  • Testing and Reporting Requirements:
    • Test each packaged food product for ortho-phthalates before sale in Minnesota.
    • Submit results to the Minnesota Department of Agriculture no later than 30 days before offering the product for sale.
    • Include detailed test data such as:
      • Product name and UPC
      • Type and amount of each ortho-phthalate
      • Name and methods of the certified testing laboratory
      • Contact information for both the lab and the manufacturer (Sec. 8, Subd. 1)
    • Starting July 1, 2026, manufacturers must:
  • Laboratory Standards:
    • Labs conducting the tests must be accredited under ISO/IEC 17025:2017, an international standard for testing and calibration labs. (Sec. 8, Subd. 2)
  • Testing Frequency:
    • Required every two years for each packaged food product. (Sec. 8, Subd. 3)
  • Public Disclosure Requirements:
    • Product details, test results, testing date, lab information, and contact info. (Sec. 8, Subd. 4)
    • Manufacturers must post testing results on a publicly accessible website. This page must include:
  • Labeling Requirement:
    • QR code linking to the online test results
    • A statement: “For information about ortho-phthalate testing of this product, scan the QR code.” (Sec. 8, Subd. 5)
    • Packaged food products must include:
  • Enforcement:
    • The Minnesota Department of Agriculture is responsible for enforcement through administrative action and fines. (Sec. 8, Subd. 6)

 

Missouri Food Safety and School Nutrition Bills

Date: Effective School Year 2026–2027 (SB 802); Labeling date not specified (HB 260)

 

Executive Summary:

Missouri has introduced two legislative proposals—House Bill 260 and Senate Bill 802—that target food safety from different angles. House Bill 260 requires food manufacturers to place warning labels on products containing specific synthetic chemicals and heavy metals known to pose health risks. Senate Bill 802, known as the “Missouri Healthy Schools Act,” prohibits schools participating in federal meal programs from selling or serving foods containing certain synthetic dyes and chemical additives during the school day. Together, these bills aim to improve consumer and student health through transparency and restriction of potentially harmful substances in food.

 

Key Provisions:

House Bill 260 – Missouri Chemical Label Integrity Act

  • Scope of the Law:
    Applies to all businesses that manufacture or sell food containing designated "unsafe chemicals" within Missouri. (HB 260, Sec. 196.1420.3)​
  • List of Unsafe Chemicals Requiring Labels:
    • Acrylamide
    • Arsenic
    • Bisphenol A (BPA)
    • Blue 1
    • Cadmium
    • Di(2-ethylhexyl)phthalate (DEHP)
    • Lead
    • Mercury
    • Red 40
    • Yellow 5
    • Yellow 6 (HB 260, Sec. 196.1420.2(3))​
  • Labeling Requirements:
    Each food product must include:
    • Cancer
    • Birth defects
    • Reproductive harm (HB 260, Sec. 196.1420.4)​
    • The name of each unsafe chemical it contains
    • A statement confirming the presence of the chemical
    • Warnings about possible health risks, including:

 

Senate Bill 802 – Missouri Healthy Schools Act

  • Definition of Ultra-Processed Food:
    Includes food or beverages containing any of the following:
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Brominated vegetable oil
    • Yellow dyes 5 and 6
    • Blue dyes 1 and 2
    • Green dye 3
    • Red dyes 3 and 40 (SB 802, Sec. 167.207.2)​
  • School Ban on Ultra-Processed Foods:
    Starting in the 2026–2027 school year, schools participating in federal meal programs may not:
    • Serve
    • Sell
    • Allow third-party vendors to sell
      ultra-processed foods on school campuses during the school day.
      (SB 802, Sec. 167.207.3)​
  • Parental Exemption:
    Parents or guardians may still send ultra-processed foods with their children to school.
    (SB 802, Sec. 167.207.3)​
  • State Oversight:
    The Department of Elementary and Secondary Education must:
    • Provide a certification form for schools
    • Maintain a public list of compliant schools (SB 802, Sec. 167.207.4)​

 

New Jersey Food and Packaging Chemical Bans

 

Executive Summary:

The New Jersey Legislature introduced two bills—Assembly Bill 4132 and Assembly Bill 4367—targeting harmful substances in food and food packaging. A4132 prohibits the use of specific food additives in commercial products by categorizing them as adulterants under state law. A4367 focuses on packaging safety, banning the intentional use of various toxic substances in packaging materials and containers used for consumer products. These actions reflect growing concerns over chemical exposure through everyday food and packaging. Effective 13 months after enactment (A4132); 2 years after enactment (A4367)

 

Key Provisions:

Assembly Bill 4132 – Food Additive Ban (Amends R.S. 24:5-8)

  • Scope:
    Applies to the sale, manufacture, distribution, and possession for sale or distribution of any commercial food products in New Jersey. (A4132, Sec. 1)​
  • Banned Food Additives (Deemed Adulterants):
    The bill prohibits any food containing the following substances:
    • Brominated vegetable oil (CAS No. 8016-94-2)
    • Potassium bromate (CAS No. 7758-01-2)
    • Propylparaben (CAS No. 94-13-3)
    • Red dye 3 (CAS No. 16423-68-0) (A4132, Sec. 1.E(1)–(4))​
  • Enforcement and Penalties:
    • Enforcement falls under the State Sanitary Code.
    • Each violation is treated as a separate offense, with penalties ranging from $50 to $1,000. (A4132, Statement)​

 

Assembly Bill 4367 – Toxic Packaging Materials Ban

  • Scope:
    Prohibits the intentional inclusion of harmful chemicals in packaging materials and packaging components sold or distributed in the state. (A4367, Sec. d)​
  • Effective Date:
    Two years after the bill’s effective date. (A4367, Sec. d)​
  • Banned Substances in Packaging (Includes but is not limited to):
    • Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
    • Ortho-phthalates
    • Bisphenols
    • Halogenated and organophosphorus flame retardants
    • Non-detectable pigments (e.g., carbon black)
    • Oxo-degradable and oxo-biodegradable additives
    • UV-328 and other UV light absorbers
    • Chlorinated paraffins
    • Toxic metals (excluding lead, cadmium, mercury, hexavalent chromium)
    • Antimony trioxide
    • Formaldehyde
    • Perchlorate
    • Toluene
    • Vinyl chloride (including polyvinylidene chloride) (A4367, Sec. d(1)–(14))​
  • Regulatory Expansion:
    • The Department of Environmental Protection may add more substances to the ban based on recommendations from the Toxic Packaging Task Force. (A4367, Sec. e)​.

 

New Mexico PFAS Protection Act

 

Executive Summary:

New Mexico House Bill 212, titled the Per- and Poly-Fluoroalkyl Substances Protection Act, establishes one of the most comprehensive state-level frameworks for regulating per- and polyfluoroalkyl substances (PFAS). The law prohibits the sale, purchase, or distribution of consumer products containing intentionally added PFAS in multiple phases, starting in 2027. It also requires manufacturers to disclose PFAS content and undergo testing. The law allows for rulemaking by the Environmental Improvement Board to expand the list of banned products and defines penalties for violations.

 

Key Provisions:

  • What the Law Covers:
    Applies to consumer products sold or distributed in New Mexico that contain intentionally added PFAS, defined as fluorinated chemicals added on purpose during manufacturing. (Section 2(S), 2(O), 3)
  • Products Banned Beginning January 1, 2027:
    • Cookware
    • Food packaging
    • Dental floss
    • Juvenile products (products designed for children under age 12) (Section 3(C))
  • Products Banned Beginning January 1, 2028:
    • Carpets and rugs
    • Cleaning products
    • Cosmetics
    • Fabric treatments
    • Feminine hygiene products
    • Textiles and textile furnishings
    • Ski wax
    • Upholstered furniture (Section 3(D))
  • State Purchasing Restrictions (Effective January 1, 2027):
    • The state government may not purchase products containing intentionally added PFAS. (Section 3(B))
  • Additional Ban Authority:
    • The Environmental Improvement Board may ban other PFAS-containing products if deemed necessary for human or environmental health. (Section 3(E))
  • Disclosure Requirements:
    • The amount and identity of PFAS in their products (by CAS number)
    • Purpose of PFAS use
    • Contact information for the manufacturer
    • Starting in 2027, manufacturers must report:
    • Reports must be updated when significant changes occur. (Section 5(A)–(J))
  • Labeling and Testing:
    • The state may require testing and verification from manufacturers.
    • If PFAS is found, manufacturers must notify sellers and the state, and provide proof of compliance or remove the product. (Section 6(A)–(D))
  • Exemptions:
    • Medical devices and drugs regulated by the U.S. Food and Drug Administration (FDA)
    • Used products
    • Products governed by federal PFAS rules (Section 3(A))
  • Rulemaking and Enforcement Authority:
    • The Environmental Improvement Board must set PFAS content ranges for disclosure and define “currently unavoidable uses.” (Sections 4 & 5)
  • Penalties for Noncompliance:
    • Up to $15,000 per violation per day
    • Up to $25,000 per day for failure to comply with enforcement orders
    • Citizens may file lawsuits to enforce the law (Section 7(A)–(E))
  • Use of Penalty Funds:
    • Collected penalties are directed to the state’s current school fund. (Section 7(F)).

 

New York Food Ingredient Restrictions

 

Executive Summary:

New York State has introduced multiple legislative proposals in 2024 aimed at reducing public exposure to synthetic food additives and promoting healthier school nutrition. Three major bills—S6055B, A9298, and S6668—address the banning of specific harmful additives in commercial food, mandatory ingredient labeling for retail foods, and new standards for food served in schools. These efforts cover product manufacturing, consumer transparency, and institutional food service policy. Various effective dates; labeling bill effective 180 days after enactment.

 

Key Provisions:

Senate Bill S6055B – Commercial Food Additive Ban

  • Substances Banned from Commercial Food (One Year After Enactment):
    • Brominated vegetable oil (BVO)
    • Potassium bromate
    • Propylparaben
    • Azodicarbonamide
    • Butylated hydroxyanisole (BHA)
    • Red dye 3
    • Titanium dioxide (S6055B, Sec. 1(5)(a))​
  • Dairy Exception:
    • Dairy products containing titanium dioxide are exempt. (S6055B, Sec. 1(5)(b))​
  • No Federal Defense:
    • Federal approval by the U.S. Food and Drug Administration (FDA) cannot be used as a legal defense for using these substances. (S6055B, Sec. 1(5)(b))​

 

Assembly Bill A9298 – Retail Food Labeling Requirement

  • Labeling Required for Foods Containing Harmful Ingredients:
    Retail food and beverages must carry a clear label if they contain any of the following:
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye 3
    • Titanium dioxide
    • Any additional harmful ingredient deemed by the Commissioner of Agriculture and Markets in consultation with the Commissioner of Health (A9298, Sec. 1(1)–(2))​
  • Label Standards:
    • Labels must use plain and clear language.
    • The Commissioner will create regulations specifying label content and placement. (A9298, Sec. 1(3))​
  • Effective Date:
    • 180 days after the bill becomes law. (A9298, Sec. 2)​

 

Senate Bill S6668 – School Food Dye Ban and Nutrition Programs

  • Ban on Synthetic Dyes in School Foods:
    Public schools may not serve or sell foods and beverages containing the following dyes during the school day:
    • Red 3
    • Red 40
    • Blue 1
    • Blue 2
    • Green 3
    • Yellow 5
    • Yellow 6
    • Titanium dioxide (S6668, Sec. 915-a(1))​
  • Exemptions for After-Hours or Off-Campus Sales:
    • Schools may sell these items off premises or at least 30 minutes after the school day ends. (S6668, Sec. 915-a(2))​
  • Healthy Kitchens, Healthy Schools Grant Program:
    • Establishes grants for school kitchen upgrades to improve student meal quality. (S6668, Sec. 915-b)​
  • Sugar Limit in School Meals:
    • Schools must design menus so that students consuming both breakfast and lunch do not exceed 25 grams of added sugar per day. (S6668, Sec. 915-c)​.

North Carolina Additive and Vaccine Food Law

 

Executive Summary:

North Carolina House Bill 440, titled the Healthy Food Healthy Bodies Act, proposes two major changes to state food regulation. First, it classifies any food containing a vaccine or vaccine material as a drug under state law. Second, it bans the manufacture, sale, and distribution of foods containing nine specific synthetic dyes and chemical additives. These measures aim to expand food safety oversight and regulate ingredients considered harmful or biologically active.

Key Provisions:

Part I – Vaccine Material in Food Reclassified as Drug:

  • New Definition of "Drug":
    Expands the definition of "drug" under state law to include any food product that contains:
    • A vaccine
    • Vaccine material (defined as any substance meant to stimulate immunity and authorized by the U.S. Food and Drug Administration (FDA)) (Sec. 1, G.S. 106-121(6)(e), 106-121(14g))​

Part II – Ban on Specific Food Additives:

  • Banned Additives:
    Effective January 1, 2027, the following substances are prohibited in food products sold or distributed in North Carolina:
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red dye 40
    • Yellow dyes 5 and 6
    • Blue dyes 1 and 2
    • Green dye 3 (Sec. 2(a), G.S. 106-129.1)​
  • Penalties for Violations:
    • Up to $5,000 for a first offense
    • Up to $10,000 for each additional offense
    • Penalties are civil and do not replace other legal remedies (Sec. 2(b), G.S. 106-124.1(a1))​

 

Oklahoma Food Additive Ban and Labeling Act

 

Executive Summary:

Oklahoma Senate Bill 4 establishes a broad ban on the use of 21 chemical substances as food additives or color additives in food products. The bill also requires clear disclosure and labeling of these substances beginning in 2025, even before the full ban takes effect in 2027. The law authorizes the State Board of Agriculture to enforce violations through stop-sale orders, fines, and legal action, with all collected fines directed to support school nutrition programs.

 

Key Provisions:

  • Prohibited Substances (Effective January 15, 2027):
    No entity in Oklahoma may produce, sell, distribute, or offer for sale food products or food/drug additives containing any of the following:
    • Aspartame
    • Azodicarbonamide (ADA)
    • Blue dyes 1 and 2
    • Brominated vegetable oil (BVO)
    • Butylated hydroxyanisole (BHA)
    • Butylated hydroxytoluene (BHT)
    • Ethylene dichloride
    • Green dye 3
    • Methylene chloride
    • Potassium bromate
    • Propyl gallate
    • Propylparaben
    • Red dyes 3 and 40
    • Sodium benzoate
    • Sodium nitrate
    • Titanium dioxide
    • Trichloroethylene
    • Yellow dyes 5 and 6 (Section 1(A))​
  • Mandatory Ingredient Disclosure (Effective November 1, 2025):
    All products containing the above ingredients must:
    • Clearly identify them on the label, website, or via a QR code
    • Include a visible warning label that the product contains one or more of the listed ingredients (Section 1(B))​
  • Enforcement Tools and Penalties:
    • Impose daily administrative penalties
    • Fine repeat violators up to $5,000 per incident
    • Seek injunctive relief in court
    • The State Board of Agriculture may issue stop-sale or violation notices
    • The Department of Agriculture may:
    • Courts may additionally impose the highest legal penalties and require payment of attorney fees and costs (Section 1(C)–(D))​
  • Use of Collected Fines:
    • All fines will be deposited into the Oklahoma Department of Agriculture Revolving Fund
    • Funds may only be used to support the Oklahoma Farm to School Program Act (Section 1(D)(5))​
  • Rulemaking Authority:
    • The State Board of Agriculture is responsible for creating rules to carry out the law (Section 1(E))​

 

Oregon School Food Additive Ban (House Bill 3015)

 

Executive Summary

Introduced during Oregon’s 2025 Regular Legislative Session, HB3015 aims to improve the nutritional quality of food and beverages sold in public schools by banning specific chemical additives and adjusting nutritional standards. Starting July 1, 2027, the bill will prohibit the use of Red Number 3, potassium bromate, and propylparaben in any food or beverage item sold to students during the school day and associated activities. The bill also reinforces existing rules about calorie, fat, sugar, and caffeine content based on the age group served, which is not summarized here.

 

Key Provisions

  • Banned Additives (Section 336.423(3))
    • Red Number 3 (a synthetic food dye)
    • Potassium bromate (a dough conditioner)
    • Propylparaben (a preservative) (Section 336.423(3))
    • Public schools cannot sell food or beverages to students that contain:

 

Pennsylvania Baby Food Safety Law

 

Executive Summary

House Bill 507, also known as the Baby Food Protection Act, was introduced in Pennsylvania’s General Assembly in 2025. The bill addresses the presence of toxic heavy metals in baby food and establishes a state-level framework for testing, labeling, and limiting certain contaminants. It mandates the Pennsylvania Department of Health to regularly test baby food manufactured in the state and set maximum allowable levels for arsenic, lead, cadmium, and mercury. The act also includes a mechanism for adopting stricter federal standards if they become available, and it may be partially or fully repealed if equivalent federal legislation is enacted.

 

Key Provisions

  • Definition of Key Terms (Section 2)
    • "Baby food" refers to pureed or minced food made for babies or toddlers under age two.
    • "Toxic heavy metal" includes any metal or compound known to negatively affect health. (Section 2)
  • Mandatory Testing (Section 3)
    • Inorganic arsenic
    • Lead
    • Cadmium
    • Mercury (Section 3)
    • The Department of Health must test representative samples of each batch of baby food made in Pennsylvania for toxic heavy metals.
    • Specifically required metals for testing include:
  • Limits on Heavy Metals (Section 4(a))
    • Inorganic arsenic: 10 parts per billion (ppb)
    • Lead: 5 ppb
    • Cadmium: 5 ppb
    • Mercury: 2 ppb (Section 4(a))
    • Baby food may not exceed the following contamination levels:
  • Adoption of Stricter Federal Standards (Section 4(b))
    • If the U.S. Food and Drug Administration (FDA) sets a lower limit for any of the above metals, the state must adopt those stricter limits.
    • If the FDA establishes limits for any other toxic heavy metals, the state will adopt those limits as well. (Section 4(b))
  • Labeling Requirement (Section 5)
    • Baby food tested by the state must carry a label disclosing the levels of the four listed heavy metals and any other toxic heavy metals found in that batch. (Section 5)
  • Regulatory Authority (Section 6)
    • The Department of Health is authorized to create rules and regulations necessary to enforce the provisions of this act. (Section 6)
  • Preemption by Federal Law (Section 7)
    • The state Secretary of Health will evaluate whether the federal law is substantially similar.
    • If so, the similar parts of the state law will expire after notice is published in the Pennsylvania Bulletin. (Section 7)
    • If new federal legislation is passed regulating heavy metals in baby food:
  • Effective Date (Section 8)
    • The act becomes effective one year after its passage. (Section 8)

 

Rhode Island Food Additive Bans

 

Executive Summary

Rhode Island introduced two legislative acts aimed at improving food safety by banning harmful food additives. The Rhode Island Food Safety Act (2024) prohibits the manufacture and sale of certain chemical substances in all food products sold in the state. The School Food Dye Restriction Act (2025) targets food products specifically distributed in schools, banning a broader list of artificial food dyes. Both laws take effect on January 1, 2027, and are enforced through existing regulatory agencies with defined penalties and oversight mechanisms.

 

Key Provisions from Each Act

 

1. Rhode Island Food Safety Act (2024)

  • Scope of Ban (Section 21-31-3.1(b))
    • Brominated vegetable oil
    • Potassium bromate
    • Propylparaben
    • Red Dye 3 (Section 21-31-3.1(b))
    • Starting January 1, 2027, it is illegal to manufacture, sell, or distribute any food product in Rhode Island containing the following:
  • Statewide Application
    • Applies to all food products sold or distributed for human consumption throughout the state, not limited to schools. (Section 21-31-3.1(b))
  • Enforcement and Penalties
    • Violations are subject to penalties under existing law in Section 21-31-5(a). (Section 21-31-3.1(c))
  • Legal Consistency
    • The act does not interfere with any other legal rights or claims. (Section 21-31-3.1(d))
  • Effective Date
    • The law becomes effective upon passage, with restrictions beginning January 1, 2027. (Section 2)

 

2. School Food Dye Restriction Act (2025)

  • Purpose (Section 1)
    • Protect student health by eliminating artificial dyes linked to behavioral and allergic reactions. (Section 1)
  • Definitions (Section 16-21.9-2)
    • Vending machines
    • Fundraisers
    • A la carte items
    • Food brought for offsite consumption (Section 16-21.9-2 and 16-21.9-3)
    • Applies to all foods sold or distributed on school campuses during the school day, including:
  • Banned Dyes (Section 16-21.9-4)
    • FD&C Blue No. 1 and No. 2
    • FD&C Green No. 3
    • FD&C Red No. 40
    • FD&C Yellow No. 5 and No. 6 (Section 16-21.9-4)
    • Prohibited in all food products in schools starting January 1, 2027:
  • Compliance Oversight (Section 16-21.9-5)
    • School food vendors are responsible for compliance.
    • The Department of Elementary and Secondary Education will support and monitor implementation. (Section 16-21.9-5)
  • Enforcement and Penalties (Section 16-21.9-6)
    • Up to $1,000/day for first offense
    • Up to $5,000/day for repeat offenses
    • Enforced by the Department of Health’s Center for Food Service Protection.
    • Fines for violations:
    • Schools may cancel vendor contracts for repeated violations without liability.
    • Fines are deposited into the Food Safety and Public Health Fund. (Section 16-21.9-6)
  • Reporting and Oversight (Section 16-21.9-8)
    • School and vendor compliance
    • Fines issued
    • Canceled contracts
    • Annual report required starting January 1, 2028, detailing:
    • Regulations must be published by January 1, 2027. (Section 16-21.9-8)
  • Effective Date
    • The act takes effect upon passage. (Section 3)

 

Tennessee Ban on Red 40 in Schools

Executive Summary

Tennessee House Bill 134 (HB0134) introduces a ban on the use of Allura Red AC, commonly known as Red 40, in foods and beverages provided to students in public schools and public charter schools. The law will go into effect on August 1, 2027. The bill adds a new section to Tennessee Code Annotated, Title 49, Chapter 6, Part 23, focusing on student nutrition and safety. It applies to products offered by schools or third parties operating under school authorization. However, it makes an exception for items sold as part of school fundraising events.

Key Provisions

  • Ban on Red 40 in School-Provided Foods (Section 1)
    Starting August 1, 2027, all local education agencies (LEAs) and public charter schools must stop providing or selling food and beverage products that contain Allura Red AC (Red 40), which has the Chemical Abstracts Service (CAS) registry number 25956-17-6. This ban includes items available:
    • Through vending machines.
    • In meals and snacks provided by the school nutrition program.
    • By third parties authorized by the school or LEA.
      The only exception to this ban is for items sold during school fundraising events.
      (Section 1)
  • Effective Date (Section 2)
    The law becomes effective immediately upon its passage, with implementation of the Red 40 restriction beginning August 1, 2027. (Section 2)

Texas Food Additive and Nutrition Bills

 

Executive Summary

The Texas Legislature considered a series of bills in the 2025 legislative session aimed at improving food safety and nutrition, particularly in schools and among low-income populations. These bills collectively propose to ban certain food additives, mandate nutrition education, and improve transparency in school meals. Several bills impose restrictions on specific synthetic dyes and preservatives, and others establish labeling requirements, create advisory committees, and outline penalties for violations. Many of these changes are set to begin with the 2025–2026 or 2026–2027 school years.

 

Key Provisions by Bill

 

Texas Bill 25: Nutrition Education Standards

  • Physical Activity Requirements: Increases the number of semesters middle schoolers must participate in physical activity from 4 to 6 (Sec. 28.002(l)).
  • Nutrition Curriculum: Adds a mandatory half-credit in nutrition education for high school graduation (Sec. 28.025(b-24)).
  • Higher Education Requirement: Students in associate and bachelor’s programs must complete a nutrition course (Sec. 51.3025).
  • Medical Training: Health-related universities must implement nutrition curricula based on guidelines from a newly created Texas Nutrition Advisory Committee (Sec. 63.0025, 63.103, etc.).
  • Labeling and Warnings: Requires food labels for products containing banned additives (e.g., titanium dioxide, Red 3, BHA) with visible warnings if banned in other countries (Sec. 431.0815).
  • Enforcement: Attorney General can seek penalties of up to $50,000 per violation (Sec. 431.0816).
  • Effective Date: September 1, 2025 (Sec. 22)​.

 

Texas Bill 1290: Additive Ban in Subsidized School Meals

  • Scope: Applies to free and reduced-price meals under the National School Lunch and Breakfast Programs.
  • Banned Substances: Includes BVO, potassium bromate, propylparaben, azodicarbonamide, BHA, Red 3, and titanium dioxide (Sec. 33.9011).
  • Implementation: Affects food contracts signed or renewed after September 1, 2025 (Sec. 2)​.

 

Texas Bill 1637: Additives and Glyphosate Ban in Schools

  • Glyphosate Prohibition: Bans its use on school grounds except in high school agriculture programs (Sec. 76.101(e)).
  • Additive Ban: Prohibits Blue 1, Blue 2, Green 3, Red 40, Yellow 5, Yellow 6, and similar additives in school meals (Sec. 33.9011).
  • Effective Date: Applies starting with the 2025–2026 school year (Sec. 3)​.

 

Texas Bill 3137: Statewide Additive and Herbicide Ban

  • Herbicide Ban: Prohibits sale and use of glyphosate, dicamba, and chloropropham (Sec. 76.1415).
  • Additive Ban: Bans sale of food and beverages containing 15 additives including aspartame, artificial flavoring, BHA, BHT, MSG, and sodium nitrite (Sec. 431.024).
  • Penalties: $500 per violation, with each sale counting individually (Sec. 431.024(b)).
  • Effective Date: September 1, 2025 (Sec. 3)​.

 

Texas Bill 3736: Dye Ban in School Meals

  • Banned Substances: Red 3, Red 40, Yellow 5 & 6, Blue 1 & 2, Green 3, Caramel coloring, and similar additives (Sec. 33.9011).
  • Scope: Applies to food and drinks provided by schools.
  • Effective Date: Beginning with the 2025–2026 school year (Sec. 2)​.

 

Texas Bill 4787: School Meals and SNAP Additive Ban

  • Banned Additives in Schools and SNAP: Red 3, Red 40, Yellow 5 & 6, Blue 1 & 2, Green 3, Citrus Red 2, Orange B dye (Sec. 33.9011, 33.031).
  • SNAP Restriction: Prohibits use of SNAP benefits to buy foods containing these additives unless required by federal law.
  • Effective Date: 2027–2028 school year (Sec. 3)​.

 

Texas Bill 4971: SNAP Additive Ban

  • SNAP Restriction: Bans SNAP benefit use for foods containing BVO, potassium bromate, propylparaben, azodicarbonamide, BHA, Red 3, and titanium dioxide (Sec. 33.031).
  • Effective Date: Immediately if passed by two-thirds vote, otherwise September 1, 2025 (Sec. 3)​.

 

Texas Bill 5378: Ingredient Transparency in School Meals

  • Ingredient Disclosure: Schools must notify parents about meals containing substances labeled as carcinogenic or harmful to behavior (Sec. 33.304).
  • Optional Online Posting: Districts may publish this ingredient list online to comply (Sec. 33.304(b)).
  • Effective Date: 2025–2026 school year (Sec. 4)​.

 

Texas Bill 5548: Broad Additive Ban in Schools

  • Additive Ban in Meals: Schools cannot provide food with BVO, potassium bromate, propylparaben, BHA, titanium dioxide, or 7 artificial dyes (Sec. 33.9011).
  • Effective Date: Applies beginning with the 2026–2027 school year (Sec. 2)​.

 

Utah School Food Additive Ban

 

Executive Summary

On may 7, 2025, Utah Governor Spencer Cox signed House Bill 402, titled Foods Additives in Schools, to restrict certain synthetic food additives in public school environments. Effective in the 2026–2027 school year, the law prohibits the sale, donation, or serving of food containing nine specific additives during the school day on public school grounds. The law includes exceptions for parental and teacher-provided items, vending machines, concessions, and small school systems.

 

Key Provisions

Section 53G-9-205.2 – Definitions and Scope

  • “FD&C” Defined: Refers to color additives regulated under the Federal Food, Drug, and Cosmetic Act, 21 C.F.R. Part 74 (Sec. 53G-9-205.2(1)(a))​.
  • “Public school” and “School day” are defined by reference to existing Utah statutes (Sec. 53G-9-205.2(1)(b)-(c))​.

Banned Additives in Public Schools

  • Beginning in the 2026–2027 school year, public schools may not sell, donate, offer, or serve food containing the following during the school day:
    • Potassium bromate
    • Propylparaben
    • FD&C Blue No. 1
    • FD&C Blue No. 2
    • FD&C Green No. 3
    • FD&C Red No. 3
    • FD&C Red No. 40
    • FD&C Yellow No. 5
    • FD&C Yellow No. 6
      (Sec. 53G-9-205.2(2)(a))​

Section 53G-9-205.2(3) – Exceptions

  • The restriction does not apply to:
    • At school-sponsored events or extracurricular activities as concession items
    • In vending machines
      (Sec. 53G-9-205.2(3)(a)(iii))​
    • Food provided by a student's parent (Sec. 53G-9-205.2(3)(a)(i))​
    • Food provided by a teacher with parental permission at the start of each semester (Sec. 53G-9-205.2(3)(a)(ii))​
    • Food sold:
  • Exempt from the law entirely: charter schools and school districts with 5,500 or fewer students (Sec. 53G-9-205.2(3)(b))​

 

Vermont Food Additive Ban Proposal

 

Executive Summary

The Vermont General Assembly introduced House Bill H.260 in 2025 to prohibit the manufacture, sale, or distribution of certain food additives considered potentially harmful. If passed, the law would take effect on July 1, 2025, and ban food products containing four specific chemicals from being sold or made in Vermont starting January 1, 2027. The bill also outlines enforcement mechanisms and penalties for violations. This proposed legislation aligns with Vermont’s broader efforts to regulate chemicals in consumer products, as reflected in the already enacted Senate Bill S.25 (2023), which restricts various harmful substances in cosmetics, menstrual products, and other items.

Key Provisions

  • Definition of Food Products (§ 4032(a))
    The bill defines “food” or “food product” as any raw, cooked, or processed item, including beverages and ingredients, that are intended for human consumption. This includes ice and any substance used in food preparation. (Section 1, §4032(a))
  • Substances to Be Prohibited (§ 4032(b))
    Starting January 1, 2027, no person or business may manufacture, sell, offer for sale, deliver, or distribute food products containing the following chemicals:
    • Brominated vegetable oil (CAS no. 8016-94-2)
    • Potassium bromate (CAS no. 7758-01-2)
    • Propylparaben (CAS no. 94-13-3)
    • Red dye no. 3 (CAS no. 164423-68-0) (Section 1, §4032(b))
  • Enforcement and Penalties (§ 4032(c))
    The Vermont Attorney General may:
    • Bring actions in the Civil Division of the Washington Unit of the Superior Court.
    • Seek injunctive relief, recover costs, and obtain attorney’s fees.
    • Impose civil penalties of up to $5,000 for a first violation and up to $10,000 for each additional violation.
    • Exercise the same authority as under the Consumer Protection Act (9 V.S.A. chapter 63) to investigate and pursue remedies. (Section 1, §4032(c))
  • Effective Date (Sec. 2)
    The proposed law would officially go into effect on July 1, 2025, with the prohibitions on substances beginning on January 1, 2027. (Section 2).

 

Virginia Baby Food Protection Act

 

Executive Summary

The Virginia House Bill 1844, titled the Baby Food Protection Act, aims to regulate the presence of toxic heavy metals in baby food products sold within the Commonwealth. Set to take effect on January 1, 2026, the bill prohibits the sale, distribution, or offering of baby food that contains heavy metals exceeding limits set by the U.S. Food and Drug Administration (FDA). It also requires manufacturers to conduct regular testing and publicly disclose results, while consumers are empowered to report non-compliant products. In addition, the bill establishes a state-led work group to study current enforcement practices and propose improvements.

 

Key Provisions

  • Prohibition on Sale of Non-Compliant Baby Food
    A person may not sell, distribute, or offer for sale any baby food product that contains toxic heavy metals in amounts that exceed FDA-established limits.
  • Manufacturer Testing Requirements
    Baby food manufacturers must:
    • Conduct testing of products for toxic heavy metals.
    • Ensure testing complies with FDA limits.
  • Labeling and Public Disclosure
    Manufacturers are required to:
    • Include information about toxic heavy metal content on their websites.
    • Provide such information on product labeling.
  • Consumer Reporting Mechanism
    Consumers who reasonably believe a baby food product is being sold in Virginia with heavy metal levels above FDA limits may report it to the Commissioner of Agriculture and Consumer Services.
  • Work Group Formation and Study Mandate
    The Virginia Department of Agriculture and Consumer Services must:
    • Convene a work group to assess how current laws address toxic metals in baby food.
    • Evaluate what further actions are necessary.
    • Submit a report with findings and recommendations by the first day of the 2026 Regular Session.
  • Delayed Effective Date
    All requirements and prohibitions under this bill will become effective on January 1, 2026.

 

Washington Food Dye Restriction Act

 

Executive Summary

House Bill 1921, introduced during the 2024 Regular Session of the Washington State Legislature, seeks to restrict the use of certain chemical additives in food products intended for human consumption. Beginning January 1, 2027, the bill prohibits the manufacture, sale, and distribution of food products that contain four specific substances. These chemicals are associated with potential health concerns and are subject to regulation efforts in multiple states. The law adds a new section to Washington’s existing food safety code under chapter 15.130 of the Revised Code of Washington (RCW).

 

Key Provisions

  • Prohibited Substances in Food Products (Sec. 1)
    Starting January 1, 2027, it will be unlawful for any person to manufacture, sell, deliver, distribute, hold, or offer for sale a food product for human consumption that contains any of the following chemicals:
    • Brominated vegetable oil (CAS No. 8016-94-2)
    • Potassium bromate (CAS No. 7758-01-2)
    • Propylparaben (CAS No. 94-13-3)
    • Red dye no. 3 (CAS No. 16423-68-0)
  • Scope of Activities Regulated (Sec. 1)
    The bill applies broadly to anyone involved in food commerce, including:
    • Manufacturing
    • Selling
    • Delivering
    • Distributing
    • Holding
    • Offering food products for sale
  • Effective Date (Sec. 2)
    The law will take effect on January 1, 2027.

This Weeks Posts

August Update: Tariffs

Alphabet Q2 '25 Earnings

Declaration of Independence

Contact us at info@infoverus.com for a personalized summary of what's important to you.

Stay Informed with Fact-Based Information

Get clear, unbiased summaries of major events—straight to your inbox. No opinions. No noise. Just the facts.