(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.
(2)
(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.
(3)
(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