The California Legislature has banned more food ingredients in the name of food safety. This time, six food dyes are being banned from California public schools. The California Food Safety Act, which passed unanimously by the California Senate and Assembly, awaits only the governor’s signature before becoming law.
The bill would ban public schools from serving food and beverages containing synthetic dyes, which California lawmakers believe are linked to neurobehavioral problems experienced by some children.
Assembly Bill 2316 bans food colorings in schools, including Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3. The ban follows the complete ban on the manufacture, sale and distribution of food anywhere in California that additives red food coloring no. 3, titanium dioxide, potassium bromate, brominated vegetable oilAnd propylparaben.
Jesse Gabriel, the Assembly representative who sponsored both bills, said the state is responsible for protecting students from chemicals that could disrupt their ability to learn. He said AB2316 will encourage manufacturers to stop using additives and allow schools to protect children much better.
That broader law made California the first state to ban toxic chemicals from food and institute other similar measures across the country. Two prominent nongovernmental organizations, Consumer Report and the Environmental Working Group, have supported California’s new restrictions.
The legislative counsel in Sacramento analyzed the bill, which bans substances in public schools. It says that:
“Existing law requires the Department of Education to develop and enforce nutritional guidelines for school lunches, breakfasts, and all foods and beverages sold on public school campuses. Existing law requires that these dietary guidelines be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch. Existing law, for these purposes, defines a nutritionally inadequate breakfast and a nutritionally adequate lunch as breakfast eligible for reimbursement under the most current meal pattern for the federal school breakfast program and the federal national school lunch program, respectively.
“Existing law requires a school district, a county superintendent of schools, or a charter school serving kindergarten or any of grades 1 through 12 to provide a nutritionally adequate breakfast and a nutritionally adequate lunch free of charge during each school day to any student requesting a meal without regard to whether the student qualifies for a federally funded free or reduced-price meal. Existing law requires a school operated and maintained by a school district or county education office to sell only food and beverages, except for meals reimbursed by specified federal nutrition programs, from midnight before to 30 minutes after the end of the official school day , if the food or drink meets the nutritional guidelines, as specified, depending on the level.
“This bill, which would take effect on December 31, 2027, would prohibit a school district, a county superintendent of schools, or a charter school that maintains kindergarten or any of grades 1 through 12, from offering a breakfast or lunch that is nutritionally adequate and contains specified substances including , Red 40 and Yellow 5, among others, and would prohibit a school operated and maintained by a school district or county education office from selling food or beverages, except food items sold as part of a fundraising event for schools and containing the specified substances, as provided. To the extent this bill would impose additional requirements on public schools, the bill would impose a state-mandated local program.”
“The California Constitution requires the state to reimburse local agencies and school districts for certain state-imposed costs. Legal provisions establish procedures for carrying out this reimbursement. This bill would provide that if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs would be made in accordance with the statutory provisions noted above.
Consumer Reports and the Environmental Working Group urge the FDA to take national action on food additives whenever a state acts independently.
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