Dive Brief:
- California K-12 schools will have to ensure school meals do not contain certain food additives linked to hyperactivity or other child behavioral issues, beginning Dec. 31, 2027. The restrictions also apply to food sold on school campuses, whether in vending machines or through fundraisers.
- Signed into law this fall by California Gov. Gavin Newsom Assembly Bill 2316 will prohibit foods with the synthetic dyes Blue 1 and 2, Green 3, Yellow 5 and 6, and Red 3 and 40. These dyes are typically found in cereals, drinks and ice cream.
- While 2027 may sound far away, Laura Rich, a legal counsel focused on FDA issues at Venable LLP, encourages schools to have these conversations sooner rather than later. Deciding whether to choose different suppliers, or verifying if manufacturers can switch out the banned additives in their products, can take time, Rich noted.
Dive Insight:
“Ingredients are on everyone’s mind,” said Venable partner Claudia Lewis, who specializes in food and drug law. Lewis explained that while the U.S. Food and Drug Administration regulates ingredients and additives at the federal level, some states feel the FDA is “moving too slowly” and have taken it upon themselves to push legislative efforts.
Following California’s lead, Illinois, Missouri, New Jersey, New York, Pennsylvania and Washington state have pending legislation that would ban additives like brominated vegetable oil and potassium bromate. The U.S. Department of Agriculture also recently updated its school nutrition standards to include limits on added sugars and sodium.
Rich suggests schools get ahead of the compliance process by talking to their suppliers soon about the new ingredient requirements so suppliers can communicate what’s in their products.
“California is a huge state, and I would imagine that most people who sell to the schools in California want to keep doing so and probably take pride in the fact that they do,” Rich said. “So I imagine people are going to start thinking about, given the ingredients listed in the new law, what steps they need to take to be compliant.”
Rich also recommends schools engage with their nutritionists, who can provide insight into which foods have these additives and suggest good alternatives. They can also offer guidance on how to educate staff, parents and students about these changes.
California schools already have strategies in place to ensure healthy school meals, according to an Assembly floor analysis on AB 2316. The Los Angeles Unified School District, for instance, serves only antibiotic-free chicken and participates in "meatless Mondays"’ with vegetarian-only options.
The California Department of Education estimates first-year implementation costs at $150,000 with subsequent years at $95,000 annually. This includes one-time costs of $75,000 for updating the state’s online competitive foods compliance tool and to purchase food and beverage data.
