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Session of 2026
House Substitute for SENATE BILL No. 390
By Committee on Agriculture and Natural Resources
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AN ACT concerning agriculture; relating to the Kansas food, drug and
cosmetic act; prohibiting certain additives in food provided by schools
as part of certain food service programs; requiring schools to certify
that school facilities do not serve food that contains such food
additives; relating to pesticides; permitting federal pesticide warning or
labeling requirements to satisfy any state pesticide warning or labeling
requirements.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Beginning in school year 2027-2028, and each school
year thereafter, no school that participates in a food service program,
school lunch program or school breakfast program shall serve as part of a
reimbursable meal or a free or reduced-price meal any food that contains
the following food additives:
(1) Brominated vegetable oil, BVO;
(2) potassium bromate;
(3) propylparaben;
(4) azodicarbonamide;
(5) titanium dioxide;
(6) FD&C red 3;
(7) FD&C red 40;
(8) FD&C yellow 5;
(9) FD&C yellow 6;
(10) FD&C blue 1;
(11) FD&C blue 2; or
(12) FD&C green 3.
(b) (1) During the inspection required by K.S.A. 65-688, and
amendments thereto, of a school facility, the school shall certify that such
facility does not serve food that contains any food additive listed in
subsection (a) as part of a reimbursable meal or a free or reduced-price
meal.
(2) Beginning in school year 2028-2029, and each school year
thereafter:
(A) If a school cannot certify that a school facility meets the
requirements of subsection (a), such school shall submit a corrective action
plan to the secretary within 30 days of such inspection. The school shall
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post the official notice of the violation and the corrective action plan on
the school's website for one year from the date of the inspection or an
order from the secretary pursuant to this act, whichever is later; and
(B) if a school incorrectly certifies that a school facility meets the
requirements of subsection (a), then such school shall comply with the
requirements of subparagraph (A) and notify the parent or guardian of
each student enrolled in and attending such school of the violation.
(c) As used in this section:
(1) "Food service program" means the same as defined in K.S.A. 72-
17,132, and amendments thereto.
(2) "School" means each school district and nonpublic school in the
state that offers any of the grades kindergarten through 12.
(3) "School breakfast program" means the same as defined in K.S.A.
72-17,145, and amendments thereto.
(4) "School lunch program" means the same as defined in K.S.A. 72-
17,132, and amendments thereto.
(d) This section shall be a part of and supplemental to the Kansas
food, drug and cosmetic act.
Sec. 2. (a) Notwithstanding any other law to the contrary and in
accordance with the uniformity requirements of 7 U.S.C. § 136v, any
pesticide that is registered pursuant to K.S.A. 2-2204, and amendments
thereto, or 7 U.S.C. § 136 et seq. and displays a label that meets one of the
following requirements shall be deemed to satisfy any requirement for
warning or labeling regarding health or safety under article 22 of chapter 2
of the Kansas Statutes Annotated, and amendments thereto, and any other
statutory or common law concerning the duty to warn or label:
(1) The label is consistent with the most recent human health
assessment performed under 7 U.S.C. § 136 et seq.; or
(2) the label is consistent with the United States environmental
protection agency carcinogenicity classification for the pesticide under 7
U.S.C. § 136 et seq.
(b) Nothing in this section shall preclude claims or causes of action
that are unrelated to product warnings or labeling.
(c) This section shall be a part of and supplemental to the agricultural
chemical act of 1947, K.S.A. 2-2201 et seq., and amendments thereto.
Sec. 3. This act shall take effect and be in force from and after
January 1, 2027, and its publication in the statute book.
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