An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for unhealthy ultra-processed food prohibited in competitive foods.

PRINTER'S NO. 1417
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1132
Session of
2025
INTRODUCED BY MIHALEK, SHUSTERMAN, ROWE, SCIALABBA, O'MARA,
MAJOR, FLEMING, HOGAN, WARNER, KAIL, LABS, LEADBETER, GLEIM,
BOROWSKI, BENHAM, METZGAR, SAPPEY, GIRAL, SANCHEZ, VENKAT,
KULIK, NEILSON, KAUFFMAN, OTTEN, KOZAK, RIVERA, GREEN,
KERWIN, WEBSTER, COOPER AND PUGH, APRIL 21, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 21, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for unhealthy ultra-processed food prohibited in competitive
foods.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1422.4. Unhealthy Ultra-Processed Food Prohibited in
Competitive Foods.--(a) A public school may not sell or offer a
competitive food on school grounds during the school day if the
competitive food contains an unhealthy ultra-processed food.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
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the context clearly indicates otherwise:
"Competitive food" means a food offered or sold in
competition with reimbursable meals served under the National
School Lunch or School Breakfast Program .
"School day" has the same meaning as provided in section
1326.
"Ultra-processed food" means a food that contains one or more
of the following:
(1) A substance not available in the Food and Drug
Administration Substances Added to Food database, but having any
of the following:
(i) Surface-active agents, as defined in 21 CFR 170.3(o)(29)
(relating to definitions) as of the effecitve date of this
section.
(ii) Stabilizers and thickeners, as defined in 21 CFR
170.3(o)(28) as of the effective date of this section.
(iii) Propellants, aerating agents and gases, as defined in
21 CFR 170.3(o)(25) as of the effective date of this section.
(iv) Colors and coloring adjuncts, as defined in 21 CFR
170.3(o)(4) as of the effective date of this section.
(v) Emulsifiers and emulsifier salts, as defined in 21 CFR
170.3(o)(8) as of the effective date of this section.
(vi) Flavoring agents and adjuvants, as defined in 21 CFR
170.3(o)(12), excluding spices and other natural seasonings and
flavorings as listed in 21 CFR 182.10 (relating to spices and
other natural seasonings and flavorings) as of the effective
date of this section.
(vii) Flavor enhancers, as defined in 21 CFR 170.3(o)(11) as
of the effective date of this section, excluding spices and
other natural seasonings and flavorings as listed in 21 CFR
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182.10 as of the effective date of this section.
(viii) Surface-finishing agents, as defined in 21 CFR
170.3(o)(30) as of the effective date of this section.
(ix) Non-nutritive sweeteners, as defined in 21 CFR 170.3(o)
(19) as of the effective date of this section.
(2) A substance available in the Food and Drug
Administration Substances Added to Food database that are
designated as having any of the technical effects listed in
paragraph (1), excluding spices and other natural seasonings and
flavorings, as listed in 21 CFR 182.10 as of the effective date
of this section.
"Unhealthy ultra-processed food" means an ultra-processed
food that does not comply with the requirements under 21 CFR
101.65(d) (relating to implied nutrient content claims and
related label statements) , as of the effective date of this
section, for use of the term "healthy" as an implied nutrient
content claim on the label or in labeling of a food.
Section 2. This act shall take effect July 1, 2027.
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