Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • Sponsor Insights
    • Sponsored White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
NewsContamination ControlFood TypeRegulatoryChemical ControlIngredients

California Enacts Law Defining Ultra-Processed Foods, Will Ban UPFs in Schools

By Bailee Henderson
nacho cheese-flavored corn chips
Image credit: Kaboompics via Unsplash
October 9, 2025

California Governor Gavin Newsom has signed into law Assembly Bill (AB) 1264, also known as the Real Food, Healthy Kids Act. This first-of-its kind U.S. legislation establishes a legal definition for ultra-processed foods (UPFs), and tasks the state Department of Public Health with identifying and phasing out the “most harmful” UPFs from California schools.

Specifically, the act establishes the first-ever statutory definition of UPFs and directs California’s Department of Public Health, in cooperation with leading experts from the University of California, to identify and phase out UPFs of concern from schools by 2035.

The Real Food, Healthy Kids Act defines ultra-processed foods as those “high in” saturated fat, added sugar (or contains a non-sugar sweetener), or sodium, and contains one or more of certain additives, including artificial dyes, flavors, sweeteners, emulsifiers, and thickening agents. Raw agricultural products, minimally processed foods, and pasteurized milk are exempt from the definition of UPFs.

State scientists will determine whether a product should be phased out of schools based on certain factors, including:

  • Whether the product includes additives that are banned, restricted, or subject to warnings in other jurisdictions
  • Whether, based upon scientific research, the product or ingredients in the product are linked to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, type 2 diabetes, or other health harms
  • Whether the product or ingredients in the product contribute to food addiction
  • Whether the food meets the U.S. Food and Drug Administration’s (FDA’s) definition for “healthy”
  • Whether the food is a UPF due to a “common natural additive.”

AB 1264 was originally introduced by Assemblymember Jesse Gabriel, who also championed two precedent-setting, now-enacted additives bans, the California Food Safety Act and California School Food Safety Act. Additionally, in January, Governor Newsom issued an executive order that mandates California agencies to explore the safety of UPFs, food dyes, and "generally recognized as safe" (GRAS) ingredients, and recommend actions to mitigate the adverse health effects.

Since the passage of the California Food Safety Act in 2023, a wave of state-level food additives regulations have been introduced or passed (most recently, in Louisiana), and the “Make America Healthy Again” (MAHA) movement has piggybacked on this momentum.

Despite the elevation of MAHA to the White House by U.S. Health Secretary Robert F. Kennedy Jr. (RFK Jr.), Assemblymember Gabriel cites federal inaction regarding the regulation of harmful foods and food ingredients as the impetus for the Real Food, Healthy Kids Act.

AB 1264 was co-sponsored by Consumer Reports, the Environmental Working Group, and Eat Real.

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

KEYWORDS: additives California colorant legislation MAHA ultra-processed foods

Share This Story

Baileehendersonmay23

Bailee Henderson is the Director of Content Strategy for Food Safety Magazine. In the day-to-day, she covers industry-relevant current events, regulatory affairs, and scientific developments. She also produces the Food Safety Five Newsreel and edits the twice-weekly Food Safety Digest newsletter. Notably, Bailee's coverage for Food Safety Magazine has been featured in national televised news segments including CBS Sunday Morning and MSNBC's Rachel Maddow Show. She can be reached at hendersonb@bnpmedia.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Methods
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Training
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Best Practices
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Darkling Beetle
    Sponsored byElanco Animal Health

    Integrated Pest Management: Protecting Poultry Operations as Seasons Change

  • NEVIFIT 3 Compartment BPA-FREE
    Sponsored byCorbion

    The Risks of Ready-to-Eat: Five Ways to Protect Today's Prepared Meals

  • a group of workers in a food production facility
    Sponsored bySkillUp by Registrar Corp

    How to Build a Better Training Program: Data and Insights from the Global Food Safety Training Survey

Popular Stories

half full baby bottle next to rubber duckie on white surface

Organic Infant Formulas Caused Back-to-Back Botulism Outbreaks—What Gives?

nara organics whole milk infant formula

Another Infant Botulism Outbreak Sickens Three, Nara Organics Formula Suspected Cause

smiling man with clipboard in front of bottling line at beverage manufacturing facility

The Evolving Role of the Quality Assurance Professional in Food Safety

Events

June 25, 2026

Rethinking Food Safety: Eliminating Biofilm and Building a Smarter Food Safety System

Live: June 25, 2026 at 2:00 pm EDT: Join this webinar to explore a modern approach to decontamination that goes beyond surface-level cleaning to combat biofilm and persistent pathogens.

June 30, 2026

FSMA 204 in Practice: Building a Traceability-Ready Operation

Live: June 30, 2026 at 11:00 am EDT: Attend this webinar to learn how food businesses can move from fragmented records toward a more reliable approach for recall response, FDA requests, and supply chain visibility.

July 21, 2026

Using AI Responsibly in Food Safety Management Systems

Live: July 21, 2026 at 2:00 pm EDT: This webinar will provide participants with guidance on how to effectively use generative artificial intelligence (AI) tools to develop key components of a food safety management system (FSMS).

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • chips and processed snacks meant for children

    California Poised to Ban Ultra-Processed Foods of Concern in Schools as AB 1264 Advances

    See More
  • pink frosted pop tart pastries

    Arizona Passes Law Banning Sale of Some ‘Ultra-Processed Foods’ in Schools

    See More
  • waitress discussing menu with customer

    California Enacts Law Requiring Restaurants to Label Major Allergens on Menus

    See More

Related Products

See More Products
  • food-safety-making.jpg

    Food Safety: Making Foods Safe and Free From Pathogens

  • 9781138070912.jpg

    Trends in Food Safety and Protection

  • 1119237963.jpg

    Food Safety in China: Science, Technology, Management and Regulation

See More Products

Related Directories

  • Statco - DSI Process Systems

    Statco-DSI is the leader in the sales and service of sanitary equipment for the food, dairy and beverage industries, including sanitation equipment such as CIP/COP systems, hose stations, tunnel washers, sampling devices, and a wide variety of instrumentation to monitor processing lines and tanks.
×

Never miss the latest news and trends driving the food safety industry

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing