Prohibits certain substances in sale, distribution, and manufacture of commercial foods within two years; immediately bans certain dyes in school food.

S4092

SENATE, No. 4092

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Prohibits certain substances in sale, distribution,
and manufacture of commercial foods within two years; immediately bans certain
dyes in school food.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

prohibiting certain substances in the sale, distribution, and manufacture of
commercial food, banning certain food dyes from 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 shall be deemed adulterated:

���� A.�� (1) If it bears or
contains any poisonous or deleterious substance which may render it 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 injurious to health; or�

���� (2)�� If it 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 consists in whole
or in part of any filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or

���� (4)�� If it has been produced,
prepared, packed or held under insanitary conditions whereby it may have become
contaminated with filth, or whereby it may have been rendered injurious to
health; or�

���� (5)�� If it 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 is in whole or in
part the product of an animal which has died otherwise than by slaughter; or�

���� (6)�� If its 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 processing, it 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 bulk or
weight, or reduce its quality or strength or make it appear better or of
greater value than it is.�

���� C.��� If it falls below the
standard of purity, quality or strength which it purports or is represented to
possess.

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

����
E.��� If it contains any of
the following substances:

����
(1)�� Propylparaben (CAS
94-13-3);

����
(2)�� Butylated
hydroxyanisole (CAS 25013-16-5);

����
(3)�� FD&C Red 3 (CAS
16423-68-0);

����
(4)�� FD&C Red 40 (CAS
25956-17-6);

����
(5)�� FD&C Yellow 5
(CAS 1934-21-0);

����
(6)�� FD&C Yellow 6
(CAS 2783-94-0);

����
(7)�� FD&C Blue 1 (CAS
3844-45-9);

����
(8)�� FD&C Blue 2 (CAS
860-22-0); or

����
(9)�� FD&C Green No. 3
(CAS 2353-45-9).

���� (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)�� Any food containing a
substance listed in paragraphs (3) through (9) of subsection E. of R.S.24:5-8
.

���� 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.47, s.2)

���� 3.��� Section 2 of this act
shall take effect immediately, and section 1 of this act shall take effect on
the first day of the 25th month next following enactment.

STATEMENT

���� This bill adds several
substances to the list of conditions the State set forth to deem commercial
food adulterated.� It is unlawful for any entity in the State to distribute,
sell, manufacture for distribution or sale, or possess with intent to distribute
or sell, an adulterated food.� Each violation of the State Sanitary Code
constitutes a separate offense and is punishable by a penalty of not less than
$50 and not more than $1,000.

���� Under the bill, a food that
contains butylated hydroxyanisole, propylparaben, red dyes 3 and 40, yellow
dyes 5 and 6, blue dyes 1 and 2, and green dye 3 would be rendered
adulterated.� This general prohibition takes effect two years after the bill is
enacted.

���� The bill also immediately adds
the prohibited dyes to the list of items that are not to 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.�