Rhode Island 2025 Regular Session

Rhode Island House Bill H5115 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5115
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7	7	LC000284
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- SCHOOL FOOD DYE RESTRICTION ACT
16	16	Introduced By: Representatives Carson, Boylan, Ackerman, O'Brien, Read, Caldwell,
17	17	and Spears
18	18	Date Introduced: January 22, 2025
19	19	Referred To: House Education
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative findings and purpose. 1
24	24	(1) Certain artificial food dyes have been linked to adverse health effects, including 2
25	25	behavioral issues and allergic reactions in sensitive populations; 3
26	26	(2) Safer, naturally derived alternatives to these artificial dyes are widely available; and 4
27	27	(3) Restricting the use of certain artificial food dyes will protect the health and well-being 5
28	28	of Rhode Island residents, particularly children. Many food dyes and colorants are known to make 6
29	29	some children vulnerable to behavioral difficulties and decreased attention. 7
30	30	(4) Purpose. The purpose of this act is to restrict the manufacture, sale, and distribution of 8
31	31	foods in RI schools containing specific artificial food dyes within the State of Rhode Island. 9
32	32	SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 10
33	33	adding thereto the following chapter: 11
34	34	CHAPTER 21.9 12
35	35	SCHOOL FOOD DYE RESTRICTION ACT 13
36	36	16-21.9-1. Short title. 14
37	37	This act shall be known and may be cited as the "School Food Dye Restriction Act". 15
38	38	16-21.9-2. Definitions. 16
39	39	As used in this chapter: 17
40	40	(1) "Artificial food dye" means a synthetic chemical substance added to food to produce 18
41	41	color including, but not limited to, FD&C Blue No. 1, FD&C Red No. 40, and FD&C Yellow No. 19
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44	44	LC000284 - Page 2 of 5
45	45	5. 1
46	46	(2) "Competitive foods" means all foods and beverages, other than meals reimbursed under 2
47	47	the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child 3
48	48	Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus 4
49	49	during the school day. 5
50	50	(3) "Food product" means any edible item intended for human consumption, including 6
51	51	beverages, snacks, and prepared meals. 7
52	52	(4) "School campus" means all areas of the property for a school under the jurisdiction of 8
53	53	the Rhode Island department of education (RIDE) accessible to students during the school day. 9
54	54	(5) "School day" means the period from midnight before, to sixty (60) minutes after, the 10
55	55	end of the official school day. 11
56	56	(6) "School food service vendor" means a person or entity that prepares and sells ready-to-12
57	57	eat food products to the public. 13
58	58	16-21.9-3. Applicability. 14
59	59	The standards set forth and referenced in this section shall apply throughout the entire 15
60	60	school campus including, but not limited to, school served breakfast, school served lunch, a la carte 16
61	61	food sale, school stores, vending machines, fundraisers held during the school day and any food 17
62	62	authorized or distributed by students, teachers or school personnel and any food prepared or 18
63	63	provided for students to consume off school property. 19
64	64	16-21.9-4. Restriction of food dye in food products consumed upon school campus. 20
65	65	Beginning January 1, 2027, no food product distributed in schools shall contain any of the 21
66	66	following artificial food dyes: 22
67	67	(1) FD&C Blue No. 1 and 2; 23
68	68	(2) FD&C Green No. 3; 24
69	69	(3) FD&C Red No. 40; and 25
70	70	(4) FD&C Yellow No. 5, and 6. 26
71	71	16-21.9-5. Compliance. 27
72	72	(a) School food service vendors shall ensure compliance with this restriction. 28
73	73	(b) The department of elementary and secondary education shall develop a process to 29
74	74	monitor compliance with this chapter and shall post on its website resources to assist school districts 30
75	75	with the implementation of this chapter. 31
76	76	16-21.9-6. Enforcement and penalties. 32
77	77	(a) The center for food service protection, within the department of health, shall be 33
78	78	responsible for the enforcement of the provisions of this chapter. 34
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82	82	(b) Any school food vendor found in violation of this chapter shall be subject to civil fines 1
83	83	to be established by the department of health, not to exceed one thousand dollars ($1,000) per day 2
84	84	for the first offense, nor more than five thousand dollars ($5,000) per day for any subsequent 3
85	85	offense. In addition to fines imposed pursuant to this section, for repeated violations in a school 4
86	86	year, the school or school district may cancel or void any food service contract with the vendor and 5
87	87	no liability shall be imposed on the school or school district for any cancellation or voiding of the 6
88	88	contract as a result of the violation of the provisions of § 16-21.9-4. 7
89	89	(c) Fines collected pursuant to this section shall be deposited into the "Food Safety and 8
90	90	Public Health Fund," established to support education and outreach on food safety initiatives. 9
91	91	(d) The center shall review food labels during their food safety audits of school foods, 10
92	92	including breakfast, lunch, snacks, and after-school foods as part of its enforcement of this section. 11
93	93	(e) A school food vendor alleged to have violated the provisions of this chapter may request 12
94	94	a hearing to be conducted pursuant to chapter 35 of title 42 ("administrative procedures"). 13
95	95	16-21.9-7. Restricted receipts -- Food safety and public health fund.. 14
96	96	(a) There is hereby created a restricted receipt account within the department of health for 15
97	97	the purpose of receiving and expending monies collected from fines assessed pursuant to § 16-21.9-16
98	98	6 relating to the food safety and public health fund. 17
99	99	(b) The department shall deposit any revenues from the fines collected pursuant to 18
100	100	subsection (a) of this section into the restricted receipt account to be used to support education and 19
101	101	outreach on food safety initiatives. 20
102	102	16-21.9-8. Implementation and reporting -- Rules and regulations. 21
103	103	(a) The department of health shall promulgate rules and regulations and publish guidance 22
104	104	for school food service vendors to implement compliance with the provisions of this chapter no 23
105	105	later than January 1, 2027. 24
106	106	(b) The department of health shall submit an annual report to the general assembly on the 25
107	107	implementation and effectiveness of this chapter beginning January 1, 2028, and every January 1, 26
108	108	thereafter. The report shall contain the following: 27
109	109	(1) Which schools are in compliance; 28
110	110	(2) Which schools are not in compliance; 29
111	111	(3) Which school food service vendors are in compliance; 30
112	112	(4) Which school food service vendors are not in compliance; 31
113	113	(5) Fines imposed by the department on school food service vendors; 32
114	114	(6) The identity of any school food service contracts cancelled; and 33
115	115	(7) Any other matters that the department deems appropriate. 34
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118	118	LC000284 - Page 4 of 5
119	119	SECTION 3. This act shall take effect upon passage. 1
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121	121	LC000284
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125	125	LC000284 - Page 5 of 5
126	126	EXPLANATION
127	127	BY THE LEGISLATIVE COUNCIL
128	128	OF
129	129	A N A C T
130	130	RELATING TO EDUCATION -- SCHOOL FOOD DYE RESTRICTION ACT
131	131	***
132	132	This act would prohibit the manufacture, sale, and distribution of foods containing certain 1
133	133	artificial food dyes within school systems in the State of Rhode Island commencing January 1, 2
134	134	2027. 3
135	135	This act would take effect upon passage. 4
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137	137	LC000284
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