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S3785
SENATE, No. 3785
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Senator� RAJ MUKHERJI
District 32 (Hudson)
Co-Sponsored by:
Senator Testa
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 introduced.
��
An Act
prohibiting certain substances in the sale,
distribution, and manufacture of commercial foods
for human consumption,
prohibiting certain artificial dyes in school food, and
amending
R.S.24:5-8 and P.L.2007, c.45.
����
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) Brominated
vegetable oil (CAS no. 8016-94-2);
�����������
(2) Potassium
bromate (CAS no. 7758-01-2);
�����������
(3) Propylparaben
(CAS no. 94-13-3); or
�����������
(4) Red dye 3 (CAS
no. 16423-68-0).
(cf: P.L.1989, c.203, s.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.
(cf: P.L.2007, c.45, s.2)
���� 3.��� Section 1 of this act
shall take effect on the first day of the thirteenth month next following the
date of 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 ; 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.
STATEMENT
����� This bill adds four
substances to the general prohibition on adulterated commercial food and bans
an additional six substances from school food.
���� This bill adds brominated
vegetable oil, potassium bromate, propylparaben, and red dye 3 to the
conditions that deem food for human consumption adulterated.
���� It is unlawful for any entity
in this State to distribute, sell, manufacture for sale or distribution, or
possess with intent to sell or distribute, any adulterated food.� The State
Sanitary Code, N.J.A.C.8:24, provides that enforcement of this bill is to be
carried out by the Department of Health.� Each violation constitutes a separate
offense and is punishable by a penalty of not less than $50 and not more than
$1,000 pursuant to section 10 of P.L.1947, c.177 (C.26:1A-10).�
����� The bill prohibits six additional substances from
food served, sold, or given away anywhere on school property during the school
day, including items served in the reimbursable After School Snack Program.�
The additional substances are all artificial food dyes, namely: red 40; yellow
5; yellow 6; blue 1; blue 2; and green 3.� The prohibition on food dyes in
school foods would be effective August 1, 2028.� The provisions of the bill
regarding commercial food would take effect one year after enactment.
�