Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. Existing law requires a food additive, preservative, or color additive to be considered unsafe for use with respect to any food unless a regulation is adopted that limits the quantity and the use, or intended use, of the substance. A violation of these provisions is punishable as a misdemeanor.
This bill would define "ultraprocessed food" and would require the Office of Environmental Health Hazard Assessment to adopt regulations on or before July 1, 2026, to define "particularly harmful ultraprocessed food." The bill would require the office, when defining particularly harmful ultraprocessed food, to consider specified factors, including, among others, whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences. The bill would require schools to begin to phase out particularly harmful ultraprocessed foods no later than January 1, 2028. Beginning January 1, 2032, the bill would prohibit a vendor from offering particularly harmful ultraprocessed foods to a school.
This bill, beginning February 1, 2027, and annually thereafter, would require a vendor to report specified information to the office for each food product sold to a school in the past calendar year, including, among others, the total quantity of food product sold to schools and whether that food product is an ultraprocessed food or particularly harmful ultraprocessed food. The bill, on or before July 1, 2027, and annually thereafter, would require the office to submit to the Legislature and the Governor a report that contains, among other things, a summary and analysis of the information reported to the office by vendors and recommendations for state and local legislative actions that could reduce the consumption of ultraprocessed foods and particularly harmful ultraprocessed foods in schools.
Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.