Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2164
public schools; ultraprocessed foods
Purpose
Prohibits, beginning in school year 2026-2027, 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 school campus during the normal school day.
Background
The Arizona Department of Education (ADE) must develop minimum nutrition standards
that meet federal guidelines and regulations for foods and beverages sold or served on the school
grounds of elementary schools, middle schools and junior high schools (schools) during the school
day. School districts that offer instruction in grades 9 through 12 may adopt nutrition standards for
high school campuses. Food and beverages sold or served on school grounds or at school-sponsored
events during the normal school day must meet the nutrition standards developed by ADE, including
food and beverage offered: 1) as a la carte items in the food service program; and 2) in vending
machines, snack bars and meal-period kiosks and at school stores. The nutrition standards may
include portion sizes, minimum nutrient values and a listing of contents (A.R.S ยง 15-242).
A school that participates in the federal National School Lunch Program or federal School
Breakfast Program must follow a set of regulations regarding the food and beverage items that a school
may serve, including requirements relating to: 1) fruit and vegetable portion sizes; 2) whole grains; 3)
limits on sodium and unhealthy fat; 4) offering low-fat and fat free milk; and 5) age-appropriate calorie
minimums and maximums (ADE).
The Joint Legislative Budget Committee estimates that H.B. 2164 would result in a small
administrative workload increase for ADE that could be absorbed by existing staff (JLBC).
Provisions
1. Prohibits, beginning in school year 2026-2027, 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 school campus during the normal school day.
2. Specifies that a student's parent or guardian is not prohibited from providing ultraprocessed
food to the student during the normal school day.
3. Requires ADE to post on its website:
a) a standardized form that a public school may use to certify compliance with
ultraprocessed food restrictions; and
b) a list of each public school that has certified to ADE that the public school is compliant
with ultraprocessed food restrictions. FACT SHEET
H.B. 2164
Page 2
4. Defines ultraprocessed food as a food or beverage that contains one or more of the following
ingredients:
a) potassium bromate;
b) propylparaben;
c) titanium oxide;
d) brominated vegetable oil;
e) yellow dye 5;
f) yellow dye 6;
g) blue dye 1;
h) blue dye 2;
i) green dye 3;
j) red dye 3; or
k) red dye 40.
5. Contains a statement of legislative findings.
6. Designates this legislation as the Arizona Healthy Schools Act.
7. Becomes effective on the general effective date.
House Action
ED 2/4/25 DPA 10-0-1-1
RO 2/5/25 W/D
3
rd
Read 2/24/25 59-0-1
Prepared by Senate Research
March 17, 2025
MM/slp