HB 2164
Initials CH/LN Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: ED DPA 10-0-1-1
HB2164: public schools; ultraprocessed foods
Sponsor: Representative Biasiucci, LD 30
House Engrossed
Overview
Restricts a school that participates in any federally funded or assisted meal program from
serving, selling or allowing a third party to sell ultraprocessed food on the school campus
during the normal school day.
History
Statute tasks the Arizona Department of Education (ADE) with developing minimum
nutrition standards that meet at least federal guidelines and regulations for foods and
beverages sold or served on elementary, middle or junior high school grounds during the
normal school day. ADE may develop nutrition standards that: 1) include portion sizes,
minimum nutrient values and a listing of contents; and 2) are more stringent than the federal
guidelines and regulations.
Food and beverages sold or served on school grounds of elementary, middle and junior high
schools or at school-sponsored events during the normal school day must meet the ADE-
developed minimum nutrition standards, including a la carte items in the food service
program and food and beverages sold in vending machines, snack bars and meal-period
kiosks and at school stores. Parents, students and community members may review food and
beverage contracts to ensure that food and beverages sold on campuses provide nutritious
sustenance to students, promote good health, help students learn, provide energy and model
fit living for life (A.R.S. § 15-242).
Schools participating in the National School Lunch Program (NSLP) and School Breakfast
Program (SBP) must follow federally set meal patterns that outline weekly meal components,
amounts of food and dietary specifications (NSLP Meal Pattern) (SBP Meal Pattern).
Provisions
1. Prohibits, beginning the 2026-2027 school year, any school that participates in a federally
funded or assisted meal program from serving, selling or allowing a third party to sell
ultraprocessed food on the school campus during the normal school day. (Sec. 1)
2. Specifies a parent is not prevented from providing their student ultraprocessed food
during the normal school day. (Sec. 1)
3. Requires ADE to post on its website:
a) a standardized form that a public school may use to certify that it is complying with
the prohibition on ultraprocessed foods; and
b) a list of each public school that has certified to ADE that the public school is complying
with the prohibition on ultraprocessed foods.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☒ Fiscal Note HB 2164
Initials CH/LN Page 2 House Engrossed
4. Defines ultraprocessed food as a food or beverage that contains one or more of the
following ingredients:
a) potassium bromate;
b) propylparaben;
d) titanium dioxide;
c) brominated vegetable oil;
d) yellow dye 5 or 6;
e) blue dye 1 or 2;
f) green dye 3; or
g) red dye 3 or 40. (Sec. 1)
5. Contains legislative findings. (Sec. 2)
6. Entitles this legislation as the Arizona Healthy Schools Act. (Sec. 3)