SB 69: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

This Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.

Sponsors

Sponsors by party (alphabetical): Democratic 12 · Republican 7

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 22, 2025Signed by Governor
2. May 13, 2025Passed By House. Votes: 37 YES 4 ABSENT
3. May 7, 2025Reported Out of Committee (Education) in House with 6 Favorable, 5 On Its Merits
4. May 1, 2025Assigned to Education Committee in House
5. April 17, 2025Passed By Senate. Votes: 19 YES 2 ABSENT
6. April 8, 2025Reported Out of Committee (Education) in Senate with 1 Favorable, 4 On Its Merits
7. March 11, 2025Introduced and Assigned to Education Committee in Senate