Enrolled Copy H.B. 402
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Foods Additives in Schools
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor: Heidi Balderree
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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 under certain circumstances; and
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▸ provides exceptions.
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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 same as that terms is defined in Section 53G-6-201. H.B. 402 Enrolled Copy
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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 on school grounds during the school day, food that contains:
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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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(b) Except as provided in Subsection (3), 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)(a) Notwithstanding Subsection (2)(b):
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(i) a student's parent may provide students with a food item described in Subsection
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(2)(a) during the school day;
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(ii) a teacher may provide students with a food item described in Subsection (2)(a) if
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the teacher obtains permission from the students' parents at the start of each school
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semester; and
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(iii) a person may sell a food item described in Subsection (2)(a):
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(A) as a concession item at a school-sponsored event or extra-curricular activity; or
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(B) in a vending machine.
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(b) This section does not apply to a charter school or school district that has 5,500
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students or fewer.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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