Arizona Bill to Ban Some Food Additives, Dyes in School Meals Passes House
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Yet another state bill targeting food additives and dyes in school meals has progressed; specifically, Arizona House Bill 2164, aiming to ban 11 chemicals and colorants, has passed the state House and has moved onto the Senate. The primary sponsor of the bill is Representative Leo Biasiucci (R-5).
Should the legislation be enacted into law, beginning in the 2026–2027 school year, any school that participates in a federally funded or assisted meal program shall not serve, sell, or allow a third party to sell “ultra-processed food” on the school campus during the normal school day. The bill defines “ultra-processed food” as any food or beverage containing one or more of the following ingredients: potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil (BVO), yellow 5, yellow 6, blue 1, blue 2, green 3, red 3, and red 40.
It is worth noting that the U.S. Food and Drug Administration (FDA) has already revoked federal authorizations for the use of BVO and red dye 3 in foods, in July 2024 and in January 2025, respectively.
At present, similar bills are also being considered in the West Virginia and Texas state legislatures. Specifically, West Virginia Senate Bill 545 would prohibit foods from being served at schools that contain red 3, red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3. It is currently being considered by the state Senate. Additionally, West Virginia House Bill 2354, which has passed both the state House and Senate and is now being considered by the House of Delegates, would ban statewide the sale of foods containing 3, red 40, yellow 5, yellow 6, blue 1, blue 2, or green 3 by deeming such foods to be "adulterated." (Update, March 25, 2025: West Virginia Governor Patrick Morrisey signed into law House Bill 2354. Beginning August 1, 2025, foods containing red 3, red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3 may not be used as an ingredient in any meal served in a school nutrition program. Beginning January 1, 2028, the same dyes, plus additives butylated hydroxyanisole and propylparaben, must not be contained in drugs and food items for sale in the state).
In Texas, state Senate Bill 314 and companion House Bill 1290 aim to prohibit the inclusion of foods containing eight additives—BVO, potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole (BHA), red 3, and titanium dioxide—in free or reduced-price meals provided by school districts.
The Arizona, West Virginia, and Texas state bills follow a precedent set by the California Food Safety Act and California School Food Safety Act, successfully passed in October 2023 and August 2024, respectively, which were the first bills of their kind to ban several “harmful” food additives and dyes from foods sold statewide or in schools.
The movement to ban chemical additives, artificial food colorants, and “ultra-processed foods” has been encouraged by the recent confirmation of Robert F. Kennedy Jr., known for his “Make America Healthy Again” agenda, as Secretary of the U.S. Department of Health and Human Services (HHS).
Update, April 15, 2025: Arizona Governor Katie Hobbs has signed into law House Bill 2164, named the Arizona Healthy Schools Act.
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