ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: ED DPA 10-0-1-1

HB2164: public schools; ultraprocessed foods

Sponsor: Representative Biasiucci, LD 30

House Engrossed

Overview

Restricts a school that participates in any federally funded or assisted meal program from serving, selling or allowing a third party to sell ultraprocessed food on the school campus during the normal school day.

History

Statute tasks the Arizona Department of Education (ADE) with developing minimum nutrition standards that meet at least federal guidelines and regulations for foods and beverages sold or served on elementary, middle or junior high school grounds during the normal school day. ADE may develop nutrition standards that: 1) include portion sizes, minimum nutrient values and a listing of contents; and 2) are more stringent than the federal guidelines and regulations.

Food and beverages sold or served on school grounds of elementary, middle and junior high schools or at school-sponsored events during the normal school day must meet the ADE-developed minimum nutrition standards, including a la carte items in the food service program and food and beverages sold in vending machines, snack bars and meal-period kiosks and at school stores. Parents, students and community members may review food and beverage contracts to ensure that food and beverages sold on campuses provide nutritious sustenance to students, promote good health, help students learn, provide energy and model fit living for life (A.R.S. § 15-242).

Schools participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) must follow federally set meal patterns that outline weekly meal components, amounts of food and dietary specifications (NSLP Meal Pattern) (SBP Meal Pattern).

Provisions

1. Prohibits, beginning the 2026-2027 school year, any school that participates in a federally funded or assisted meal program from serving, selling or allowing a third party to sell ultraprocessed food on the school campus during the normal school day. (Sec. 1)

2. Specifies a parent is not prevented from providing their student ultraprocessed food during the normal school day. (Sec. 1)

3. Requires ADE to post on its website:

a) a standardized form that a public school may use to certify that it is complying with the prohibition on ultraprocessed foods; and

b) a list of each public school that has certified to ADE that the public school is complying with the prohibition on ultraprocessed foods.

4. Defines ultraprocessed food as a food or beverage that contains one or more of the following ingredients:

a) potassium bromate;

b) propylparaben;

d) titanium dioxide;

c) brominated vegetable oil;

d) yellow dye 5 or 6;

e) blue dye 1 or 2;

f) green dye 3; or

g) red dye 3 or 40. (Sec. 1)

5. Contains legislative findings. (Sec. 2)

6. Entitles this legislation as the Arizona Healthy Schools Act. (Sec. 3)

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10. HB 2164

11. Initials CH/LN Page 0 House Engrossed

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