HB 402: Foods Additives in Schools - Utah

Amended 2/27/2025 21:02:899 → Substitute #1 · 7 edits

MODERATE

The bill was reformatted as a substitute version with minor text corrections and structural changes. The core policy remains the same: prohibiting certain food additives in public schools starting in the 2026-2027 school year, with limited exceptions for parents and small schools. The main substantive change is the addition of a new definition for 'ultraprocessed food' and the requirement for the state board to adopt implementing rules.

Scope change

The bill now explicitly defines 'ultraprocessed food' as any consumable containing the prohibited additives, broadening the scope from listing specific additives to categorizing them under a single definition.

DEFINITION

Added new definition of 'ultraprocessed food' to clarify that any food containing the listed additives falls under the prohibition.

REQUIREMENT

Added requirement for the state board to adopt administrative rules to implement the section.

TECHNICAL

Corrected 'FDC' to 'FD&C' in the Federal Food, Drug, and Cosmetics Act reference.

Changed Senate Sponsor field from 'Heidi Balderree' to blank.

Revised 'School day' definition to be more detailed about when a child is required to be in school.

Removed specific exception for charter schools and districts with 5,500 or fewer students, now covered under general exemptions.

Changed teacher exception from requiring parent permission at start of each semester to no longer listed, now only parent exception remains.

Amended Excerpts 2/27/2025 21:02:899 → Amended 2/27/2025 21:02:899 · 3 edits

MINOR

This bill was reformatted from a House amendment excerpt into a complete substitute bill text with proper legislative structure. The substantive policy content regarding prohibited food additives in Utah public schools remains unchanged, including the list of nine specific additives banned from sale or service during school days starting in the 2026-2027 school year, along with existing exceptions for parents, teachers, and vending machines.

Scope change

The bill's scope and applicability remain unchanged; only the document formatting and presentation were modified to convert amendment excerpts into a formal substitute bill format.

TECHNICAL

Document structure changed from House amendment excerpts to complete substitute bill format with proper title, sponsor information, long title, and enactment sections

Header information updated to reflect substitute bill format with Chief Sponsor Kristen Chevrier and Senate Sponsor Heidi Balderree

Line numbering and formatting changed from amendment markup style to standard bill format with continuous line numbers

Enrolled → Amended Excerpts 2/27/2025 21:02:899 · 1 edit

MINOR

The bill was amended to clarify the exemption language regarding school size, changing 'school district' to 'school district' with a specific student count threshold of 5,500 or fewer. This modification ensures the exemption applies clearly to smaller charter schools and districts, preventing the prohibition from affecting institutions below that enrollment size.

Scope change

The bill's applicability was refined to explicitly exempt charter schools and school districts with 5,500 or fewer students from the food additive restrictions.

SCOPE

The exemption clause was adjusted to specify that the prohibition does not apply to charter schools or school districts with 5,500 students or fewer, clarifying the threshold for smaller institutions.

Substitute #2 → Substitute #3 · 4 edits

MODERATE

This bill was revised to expand exceptions for prohibited food additives in schools. The original version only allowed parents to provide restricted foods, while the new version also permits teachers to provide these items with parental permission and allows sales at school events or in vending machines. Additionally, a new exemption was added for charter schools and districts with 5,500 or fewer students.

Scope change

The bill's scope was expanded to include additional exceptions for teachers and vendors, and a new exemption was created for smaller schools and charter schools.

REQUIREMENT

Added exception allowing teachers to provide restricted food items if they obtain parental permission at the start of each semester

Added exception allowing sales of restricted food items as concession items at school-sponsored events or in vending machines

Modified the parent exception language to be more specific about providing food items to students during the school day

ELIGIBILITY

Added exemption for charter schools and district schools with 5,500 or fewer students from the prohibition requirements

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill substitute modifies the definitions and enforcement provisions of HB 402, changing the definition of 'school day' from Section 53G-9-205.1 to Section 53G-6-201, updating the abbreviation from 'FDC' to 'FD&C' for consistency, and reorganizing the exception for parents from Subsection (4) to Subsection (3). The substantive policy requirements remain largely the same, though the legal references and numbering structure have been adjusted.

Scope change

The scope of the bill remains focused on prohibiting certain food additives in public schools, but the definition of 'school day' now references a different section of the Utah Code, potentially altering how the term is interpreted.

DEFINITION

Changed the definition of 'school day' to reference Section 53G-6-201 instead of Section 53G-9-205.1, which may affect how the term is legally interpreted.

TECHNICAL

Updated the abbreviation from 'FDC' to 'FD&C' for consistency with federal naming conventions.

Changed Senate Sponsor name from 'LONG TITLE' to 'Heidi Balderree'.

REQUIREMENT

Reorganized the bill structure by moving the parent exception from Subsection (4) to Subsection (3) and renumbering related provisions.

Introduced → Enrolled · 6 edits · Mar 27, 2025

MODERATE

The bill was revised to broaden its scope from prohibiting specific ultraprocessed foods to prohibiting consumable items containing certain food additives, with additional exceptions for teachers and concession sales. The list of prohibited additives was updated to use official FD&C naming conventions, and new exemptions were added for teachers with parental permission and small school districts.

Scope change

The bill now applies to a broader range of consumable items rather than just ultraprocessed foods, and includes new exemptions for teachers and small school districts that were not present in the original version.

DEFINITION

Added a new definition for 'FD&C' referencing the Federal Food, Drug, and Cosmetics Act to clarify the naming convention for food dyes.

REQUIREMENT

Changed the prohibited items from 'ultraprocessed food' to 'food that contains' specific additives, broadening the scope beyond just ultraprocessed foods.

Added exceptions allowing sales of prohibited items as concession items at school events or in vending machines.

Updated the list of prohibited additives to use official FD&C naming conventions (e.g., 'FD&C Blue No. 1' instead of 'blue dye 1').

ELIGIBILITY

Added an exception allowing teachers to provide prohibited food items if they obtain parental permission at the start of each semester.

Added an exception allowing small school districts with 5,500 students or fewer to opt out of the restrictions.

Foods Additives in Schools

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