Prohibits certain substances in sale, distribution, and manufacture of commercial foods for human consumption; bans certain substances in school food.*

A2050 1R

[First Reprint]

ASSEMBLY, No. 2050

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblyman� RAVI S. BHALLA

District 32 (Hudson)

SYNOPSIS

����� Prohibits certain
substances in sale, distribution, and manufacture of commercial foods for human
consumption; bans certain substances in school food.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Children, Families and
Food Security Committee on March 16, 2026, with amendments.

��

An Act
prohibiting
certain substances in the sale, distribution, and manufacture of commercial
foods
for human consumption
1
, prohibiting certain artificial dyes in school
food,
1

and amending R.S.24:5-8
1
and P.L.2007, c.45
1
.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

�����
1.�� R.S.24:5-8
is amended to read as follows:

���� 24:5-8. For the purposes of
this subtitle food
for human consumption

shall be deemed adulterated:

���� A.� (1) If
[
it
]

the food
bears or contains any
poisonous or deleterious substance which may render
[
it
]

the food
injurious to health; but in case the substance is not an
added substance such food shall not be considered adulterated under this clause
if the quantity of such substance in such food does not ordinarily render
[
it
]

the food
injurious to health; or�

���� (2) If
[
it
]

the food
bears or contains any added
poisonous or added deleterious substance which is unsafe within the meaning of
regulations promulgated by the Department of Health limiting the quantity
therein or thereon to such extent as the Department of Health
[
of the State
of New Jersey
]

finds necessary for the protection of the public health; or�

���� (3) If
[
it
]

the food
consists in whole or in part
of any filthy, putrid, or decomposed substance, or if

[
it
]

the food
is otherwise unfit for food;
or

���� (4) If
[
it
]

the food
has been produced, prepared,
packed
,
or held under insanitary
conditions whereby
[
it
]

the food
may have become contaminated
with filth, or whereby
[
it
]

the food
may have been rendered
injurious to health; or

���� (5) If
[
it
]

the food
is in whole or in part the
product of an animal which has not been inspected, and the meat of such animal
passed as fit for food:

���� (a) By an official federal
inspector; or

���� (b) By such officer or person
as shall be qualified for such purpose in accordance with, and in such manner
as shall be prescribed by, regulations adopted by the State department, if such
inspection is required by such regulations, or if
[
it
]

the food
is in whole or in part the product of an animal which
has died otherwise than by slaughter; or�

���� (6) If
[
its
]

the food�s
container is composed, in
whole or in part, of any poisonous or deleterious substance which may render
the contents injurious to health; or

���� (7) If, during the course of
[
its
]

the food�s
processing,
[
it
]

the food
has been exposed to, or
treated with, ionized radiation, except that this paragraph shall not apply to
any spice so exposed or treated.

���� B.� (1) If any valuable
constituent has been in whole or in part omitted or abstracted therefrom; or

���� (2) If any substance has been
substituted wholly or in part therefor; or

���� (3) If damage or inferiority
has been concealed in any manner; or

���� (4) If any substance has been
added thereto or mixed or packaged therewith so as to increase
[
its
]

the food�s
bulk or weight, or reduce
[
its
]

the food�s
quality or strength or
make
[
it
]

the food
appear better or of greater
value than
[
it
is
]

the
food possesses
.

���� C.� If
[
it
]

the food
falls below the standard of
purity, quality
,
or strength
which
[
it
]

the food
purports or is represented
to possess.

���� D.� If
[
it
]

the food
bears or contains a coal-tar
color other than one from a batch that has been certified under the federal
act.

����
E.� If
the food
contains any of these substances:

����
(1)

1
[
brominated
]

Brominated
1

vegetable
oil (CAS no. 8016-94-2);

����
(2)

1
[
potassium
]

Potassium
1

bromate
(CAS no.7758-01-2);

����
(3)

1
[
propylparaben
]

Propylparaben
1

(CAS
no.94-13-3);
or

����
(4)

1
[
red
]

Red
1

dye 3 (CAS no.
16423-68-0).

(cf: P.L.1989, c.203, s.1)

�����
1
2.� Section
2 of P.L.2007, c.45 (C.18A:33-16) is amended to read as follows:

���� 2.��� a.�
[
As of
September 2007, the
]

The
following items shall not be served, sold
,
or given away as a
free promotion anywhere on school property at any time before the end of the
school day, including items served in the reimbursable After School Snack
Program:

���� (1)�� Foods of minimal
nutritional value, as defined by the United States Department of Agriculture;

���� (2)�� All food and beverage
items listing sugar, in any form, as the first ingredient;
[
and
]

���� (3)�� All forms of candy as
defined by the New Jersey Department of Agriculture
; and

����
(4)�� The following
substances:

����
(a) Red 40 (CAS no.
25956-17-6);

����
(b) Yellow 5 (CAS no.
1934-21-0);

����
(c) Yellow 6 (CAS no.
2783-94-0);

����
(d) Blue 1 (CAS no.
3844-45-9);

����
(e) Blue 2 (CAS no.
860-22-0); and

����
(f) Green 3 (CAS no.
2353-45-9)
.

���� b.��� Schools shall reduce the
purchase of any products containing trans fats beginning September 1, 2007.

���� c.���� As of September 2007,
all snack and beverage items, sold or served anywhere on school property during
the school day, including items sold in a la carte lines, vending machines,
snack bars, school stores and fundraisers, or served in the reimbursable After
School Snack Program, shall meet the following standards:

���� (1)�� Based on manufacturers'
nutritional data or nutrient facts labels, no more than eight grams of total
fat per serving, with the exception of nuts and seeds, and no more than two
grams of saturated fat per serving;

���� (2)�� All beverages, other
than milk containing two percent or less fat, or water, shall not exceed a
12-ounce portion size; and whole milk may not exceed an eight-ounce portion;

���� (3)�� In elementary schools,
beverages shall be limited to milk, water or 100 percent fruit or vegetable
juices;

���� (4)�� In middle and high
schools, at least 60 percent of all beverages offered, other than milk or
water, must be 100 percent fruit or vegetable juice; and

���� (5)�� In middle and high
schools, no more than 40 percent of all ice cream and frozen desserts shall be
allowed to exceed the above standards for sugar, fat and saturated fat.

���� d.��� Food and beverages
served during special school celebrations or during curriculum-related
activities shall be exempt from the provisions of this section, with the
exception of foods of minimal nutritional value as defined by the United States
Department of Agriculture.

���� e.���� The provisions of this
section shall not apply to:

���� (1)�� Medically authorized
special needs diets as defined by the United States Department of Agriculture;

���� (2)�� School nurses using
foods of minimal nutritional value during the course of providing health care
to individual students; or

���� (3)�� Special needs students
whose Individual Education Plan indicates a particular diet.
1

(cf: P.L.2007, c.45, s.2)

�����
1
[
2
]

3
1
.����
1
[
This
]

Section 1 of this
1
act
shall take effect on the first day of the
1
[
13th
]

thirteenth
1

month next following
1
the date of
1

enactment, except that the Commissioner
of Health may take any anticipatory administrative action in advance as shall
be necessary for the implementation of this act
1
; section 2 of this act shall take effect on August 1, 2028, except that
the Commissioner of Education may take any anticipatory administrative action
in advance as shall be necessary for the implementation of this act
1
.