Kentucky 2025 2025 Regular Session

Kentucky House Bill HB439 Introduced / Bill

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AN ACT relating to school nutrition. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 158.850 is amended to read as follows: 3 
(1) As used in this section: 4 
(a) "Chemical Abstracts Service" and "chemical abstracts service number" 5 
have the same meaning as in KRS 353.510; 6 
(b) "School day" has the same meaning as in KRS 158.854; and 7 
(c) "Ultra-processed food" means a food product for human consumption that 8 
contains any of the following substances: 9 
1. Brominated vegetable oil, chemical abstracts service number 8016-94-10 
2; 11 
2. Potassium bromate, chemical abstracts service number 7758-01-2; 12 
3. Propylparaben, chemical abstracts service number 94-13-3; 13 
4. Titanium dioxide, chemical abstracts service number 13463-67-7; 14 
5. Red dye 3, chemical abstracts service number 16423-68-0; 15 
6. Red dye 40, chemical abstracts service number 25956-17-6; 16 
7. Yellow dye 5, chemical abstracts service number 1934-21-0; 17 
8. Yellow dye 6, chemical abstracts service number 2783-94-0; 18 
9. Blue dye 1, chemical abstracts service number 3844-45-9; 19 
10. Blue dye 2, chemical abstracts service number 860-22-0; and 20 
11. Green dye 3, chemical abstracts service number 2353-45-9. 21 
(2) [Beginning with the 2006-2007 school year, ]Each school shall limit access to no 22 
more than one (1) day each week to retail fast foods in the cafeteria, whether sold 23 
by contract, commercial vendor, or otherwise. 24 
(3) Beginning with the 2026-2027 school year, a school shall not sell or provide 25 
ultra-processed foods to students during the school day. This subsection applies 26 
to the availability of food in cafeterias, vending machines, school stores, 27  UNOFFICIAL COPY  	25 RS BR 206 
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canteens, food sold through fundraisers hosted by students, teachers, or groups, 1 
or any other mechanism for providing food to students during the school day. 2 
(4) This section shall not be construed to limit the sale of any food or beverages at 3 
fundraisers off school property or outside of the school day. 4