HB 2213
Initials CH/ML/LN Page 1 House Engrossed
☐ 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
House Engrossed
Overview
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. Appropriates $3,800,000 from the
state General Fund (GF) in FY 2026 for free school lunches.
History
School Minimum Nutrition Standards
The Arizona Department of Education (ADE) must develop 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).
Free and Reduced-Price Lunches (FRPL)
The 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. 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 FRPL (USDA, ADE). Eligibility for FRPL 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 HB 2213
Initials CH/ML/LN Page 2 House Engrossed
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
Prohibition on Ultraprocessed Food
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. (Sec. 1)
2. Specifies a guardian 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 food; and
b) a list of each public school that has certified to ADE that it is complying with the
prohibition on ultraprocessed food. (Sec. 1)
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)
Free School Lunches Appropriation
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 FRPL. (Sec. 2)
2. Declares the Legislature intends the appropriation to be considered ongoing funding in
future years. (Sec. 2)