53G-9-205.2. Definitions -- Prohibited food additives -- Exceptions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section:

(a)"FD&C" means the Federal Food, Drug, and Cosmetics Act, 21 C.F.R. Part 74.

(b)"Public school" means the same as that term is defined in Section 53G-9-205.1 .

(c)"School day" means the same as that terms is defined in Section 53G-6-201 .

(a)Beginning in the 2026-2027 school year, a public school may not sell, donate, offer, or serve on school grounds during the school day, food that contains:

(i)potassium bromate;

(ii)propylparaben;

(iii)FD&C Blue No. 1;

(iv)FD&C Blue No. 2;

(v)FD&C Green No. 3;

(vi)FD&C Red No. 3;

(vii)FD&C Red No. 40;

(viii)FD&C Yellow No. 5; and

(ix)FD&C Yellow No. 6.

(b)Except as provided in Subsection

(3), a person who sells, donates, offers, or serves a consumable item during the school day shall comply with the requirements under this section.

(a)Notwithstanding Subsection

(2)(b):

(i)a student's parent may provide students with a food item described in Subsection (2)(a) during the school day;

(ii)a teacher may provide students with a food item described in Subsection (2)(a) if the teacher obtains permission from the students' parents at the start of each school semester; and

(iii)a person may sell a food item described in Subsection

(2)(a):

(A)as a concession item at a school-sponsored event or extra-curricular activity; or

(B)in a vending machine.

(b)This section does not apply to a charter school or school district that has 5,500 students or fewer.

Enacted by Chapter 466 , 2025 General Session