HB 2213
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☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: ED DP 9-3-0-0 | APPROP DPA 16-2-0-0
HB 2213: appropriation; free school meals
Sponsor: Representative Gutierrez, LD 18
Caucus & COW
Overview
Appropriates $3,800,000 from the state General Fund (GF) in FY 2026 for free school lunches.
History
The National School Lunch Program (NSLP) is a federally assisted meal program that
operates in public schools, nonprofit private schools and residential childcare institutions.
The NSLP provides nutritionally balanced, low-cost or free lunches to children. The Arizona
Department of Education (ADE) receives federal funds from the U.S. Department of
Agriculture (USDA), then reimburses local educational agencies participating in the NSLP
for the costs of providing free or reduced-price lunches (USDA, ADE). Eligibility for free or
reduced-price lunches is determined according to a student's household size and income
(Income Eligibility Guidelines). Currently, federal law prohibits a child from being charged
more than 40 cents for a reduced-price lunch (42 U.S.C. § 1758).
The FY 2025 General Appropriations Act appropriated $3,800,000 for onetime school meal
grants. ADE must distribute these monies to school districts and charter schools
participating in the NSLP or School Breakfast Program for grants to reduce or eliminate
copayments that would otherwise be charged to children who are eligible for reduced-price
meals (FY 2025 Appropriations Report).
Provisions
1. Appropriates $3,800,000 from the state GF in FY 2026 to ADE to provide free school
lunches for children who meet the federal eligibility requirements for free and reduced-
price lunches. (Sec. 1)
2. Declares the Legislature intends the appropriation to be considered ongoing funding in
future years. (Sec. 1)
Amendments
Committee on Appropriations
1. Prohibits a public school from serving, selling or allowing a third party to sell
ultraprocessed food on the school campus during the normal school day.
2. Specifies a parent is not prevented from providing their student ultraprocessed food
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 that it is complying with
the prohibition on ultraprocessed food; and
HB 2213
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b) a list of each public school that has certified to ADE that it is complying with the
prohibition on ultraprocessed food.
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.