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HB172 INTRODUCED
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HB172
RBHLLYM-1
By Representative Robbins
RFD: Health
First Read: 13-Jan-26
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RBHLLYM-1 01/09/2026 JWB (L)lg 2025-2960
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First Read: 13-Jan-26
SYNOPSIS:
This bill would define ingredient, artificial
ingredient, and natural ingredient.
This bill would explicitly prohibit the labeling
of food articles as all-natural or including only
natural ingredients if the article contains any
artificial ingredient.
A BILL
TO BE ENTITLED
AN ACT
Relating to food labeling; to amend Sections 20-1-20
and 20-1-25, Code of Alabama 1975; to define artificial and
natural ingredients; and to prohibit the labeling of food
articles as only natural if the article contains any
artificial ingredient.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 20-1-20 and 20-1-25, Code of
Alabama 1975, are amended to read as follows:
"§20-1-20
When used in this chapter, the following words and
phrases terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise:
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unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, suchthe
term is used in the broad and comprehensive sense and has
reference to the food product or the drug product in question.
(2) ARTIFICIAL INGREDIENT. An ingredient that is
synthetically created or modified by humans.
(2)(3) BABY FOOD. A food whichthat purports to be or is
represented for special dietary use as a food for babies by
reason of its special formulation or its particular
suitability for children under two years of age.
(3)(4) BOARD. The State Board of Agriculture and
Industries.
(4)(5) CLASS A FOODS. Baby food, infant formula, and
potentially hazardous food.
(5)(6) COMMISSIONER. The Commissioner of Agriculture
and Industries.
(6)(7) DEALER. A manufacturer, wholesaler, retailer,
jobber, and similar establishments, mobile or permanent,
engaged in the sale of food for consumption on premises.
(7)(8) DEPARTMENT. The Department of Agriculture and
Industries.
(8)(9) DRUG. All medicines and preparations recognized
in the United States pharmacopoeia or national formulary for
internal or external use and any substance or mixture of
substances to be used for the cure, mitigation, or prevention
of disease in manhumans or domestic animals.
(9)(10) FOOD. All articles of food, drink,
confectionery, or condiment, whether simple, mixed, or
compound, used or intended for use by manhumans or domestic
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compound, used or intended for use by manhumans or domestic
animals.
(10)(11) FOOD SALES ESTABLISHMENT. Retail and wholesale
stores and places of business, and similar establishments,
mobile or permanent, engaged in the sale of food primarily for
consumption off the premises off-premises .
(11)(12) INFANT FORMULA. A food which purports to be or
is represented for special dietary use solely as a food for
infants by reason of its simulation of human milk or its
suitability as a complete or partial substitute for human
milk.
(13) INGREDIENT. Any single chemical entity or mixture
used as a component in the manufacture of a food or drug
article.
(12)(14) LABEL. A display of written, printed, or
graphic matter upon the immediate container of any article.
(13)(15) MISBRANDED. Such term shall apply to all drugs
or foods or articles which enter into the composition of food,
theThe package or label of whichany drug, food, article, or
ingredient shall bear or contain that bears or contains any
statement, design, or device regarding suchthe article or the
ingredients or substances contained therein which shall be that
is false or misleading in any particular and to any food or
drug product which is falsely branded way, including as to the
state, territory, or country in which it is manufactured or
produced.
(16) NATURAL INGREDIENT. A food or drug ingredient that
does not include any synthetic or artificial chemicals that
would not normally be expected in that food or drug
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would not normally be expected in that food or drug
ingredient.
(14)(17) OPEN-DATE STATEMENT. The terms "Sell By";
"Freeze By"; "Sell or Freeze By"; "Not to be Sold After";
"Best if Used By"; "Expiration"; or other terms as defined by
rules or regulations rule; or a date without additional words
shall be considered an open-date statement.
(15)(18) OUT-OF-DATE. Any article with a label
containing an open-date statement with a date affixed thereto
whichthat has passed.
(16)(19) PERSON. An individual, partnership,
corporation, or association , or any combination thereof.
(17)(20) POTENTIALLY HAZARDOUS FOOD. A food that is
natural or synthetic and that requires temperature control
because it is in a form capable of supporting rapid and
progressive growth of infectious or toxigenic microorganisms ,
or the growth and toxin production of Clostridium botulinum ,
or the growth of Salmonella Enteritidis. The term does not
include foods whichthat have a pH level 1 of 4.6 or below ; or,
a water activity (a sub w) of 0.85 or less ;, or food products
in hermetically sealed containers processed to achieve and
maintain commercial sterility under unrefrigerated conditions.
The foregoing notwithstanding, the board may by rule adopt the
definition for "Potentially Hazardous Food" set out in
subparagraph 1-201.10 (B)(61), Food Code, 1999 Recommendations
of the United States Public Health Service, Food and Drug
Administration, National Technical Information Service
Publication, PB99-115929.
(18)(21) STANDARD OF PURITY OR QUALITY. The standards
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(18)(21) STANDARD OF PURITY OR QUALITY. The standards
of purity for food products promulgated adopted by the State
Board of Agriculture and Industries and by statutes of this
state."
"§20-1-25
An article of food shall be deemed misbranded in all of
the following cases:
(1) If it is offered for sale under the name of another
article ;.
(2) If it is labeled or branded so as to deceive or
mislead the purchaser, or purports to be a foreign product
when not so it is not, or if the contents of the package as
originally put up shall have been removed in whole or in part
and other contents shall have been placed in suchthe package ;.
(3) If, in package form, the name of the article ,
together with the quantity of the contents in terms of weight,
measure, or numerical count , and the name and principal
address of the manufacturer or other person responsible for
placing the article on the market are not plainly and
conspicuously marked on the outside of the package ;.
(4) If, in package form, the package is not filled with
the food it purports to contain within the limits of tolerance
fixed by the State Board of Agriculture and Industries,
irrespective of whether the quantity of the contents is
plainly and conspicuously marked on the outside of the package
in terms of weight, measure, or numerical count ;.
(5) If the package containing it or its label shall
bearbears any statement, design, or device regarding the
ingredients or the substances contained therein , whichand the
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ingredients or the substances contained therein , whichand the
statement, design, or device shall be is false or misleading in
any particular; .
(6) If, in bulk, it is colored so as to deceive or
mislead the purchaser ;.
(7) If it is offered for sale under false
representations ;.
(8) If it is an imitation of another article and is not
marked with the word "imitation," followed, without
intervening descriptive matter, by a list of the ingredients
contained therein ;.
(9) If it is a compound for which no standard of purity
or quality has been established, and it is not labeled with
the word "compound ," followed, without intervening descriptive
matter, by a list of the ingredients ; provided, . that in the
case of An article shall not be deemed misbranded if it is a
compound which may be now or from time to time hereafter that
is known or becomes known as an article of food under its own
distinctive name and which , the article is not an imitation of
or offered for sale under the name of another article, it
shall not be deemed to be misbranded if , and the name of the
article is accompanied on the same label or brand with a
statement of the place where suchthe article was manufactured
or produced ; or.
(10) If the package, label, or brand fails to give the
ingredients or substances by their common names.
(11) If the food article includes an artificial
ingredient, but the package, label, or brand states that the
food article (i) contains only natural ingredients, (ii) is
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food article (i) contains only natural ingredients, (ii) is
all natural, and (iii) provides other words of assurance to
the consumer that the food article does not contain artificial
ingredients. "
Section 2. This act shall become effective on October
1, 2026.
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