02-18 09:26 1st Sub. (Buff) H.B. 402
Kristen Chevrier proposes the following substitute bill:
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Foods Additives in Schools
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill enacts provisions to prohibit consumable items containing certain food additives
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from being provided in a public school.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ enacts provisions to prohibit consumable items containing certain food additives from
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being provided in a public school; and
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▸ provides an exception.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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53G-9-205.2, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-9-205.2 is enacted to read:
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53G-9-205.2 . Definitions -- Prohibited food additives -- Exceptions.
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(1) As used in this section:
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(a) "FD&C" means the Federal Food, Drug, and Cosmetics Act, 21 C.F.R. Part 74.
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(b) "Public school" means the same as that term is defined in Section 53G-9-205.1.
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(c) "School day" means the portion of a day that school is in session in which a
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school-age child is required to be in school for purposes of receiving instruction.
1st Sub. H.B. 402 1st Sub. (Buff) H.B. 402 02-18 09:26
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(d) "Ultraprocessed food" means a consumable food or beverage that contains one or
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more of the following ingredients:
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(i) potassium bromate;
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(ii) propylparaben;
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(iii) FD&C Blue No. 1;
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(iv) FD&C Blue No. 2;
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(v) FD&C Green No. 3;
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(vi) FD&C Red No. 3;
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(vii) FD&C Red No. 40;
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(viii) FD&C Yellow No. 5; and
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(ix) FD&C Yellow No. 6.
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(2)(a) Beginning in the 2026-2027 school year, a public school may not sell, donate,
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offer, or serve ultraprocessed food on school grounds during the school day.
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(b) Except as provided in Subsection (4), a person who sells, donates, offers, or serves a
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consumable item during the school day shall comply with the requirements under this
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section.
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(3) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, adopt rules to implement this section.
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(4) Nothing in this section prevents a student's parent or legal guardian from providing the
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parent's or legal guardian's student with a personal food item that contains
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ultraprocessed food for the student during the school day.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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