School-based Food Pantry Amendments

12
53G-7-228
53G-9-205.2
0
School-based Food Pantry Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Emily Buss
House Sponsor:
LONG TITLE
General Description:
This bill addresses foods available at a public school.
Highlighted Provisions:
This bill:
defines terms;
exempts foods made available for distribution from a school-based food pantry (pantry),
including a teen center, from lawful presence verification requirements for receipt of a
food item from the pantry; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-9-205.2
, as enacted by Laws of Utah 2025, Chapter 466
ENACTS:
53G-7-228
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-7-228
is enacted to read:
53G-7-228
. After school food program.
(1)
As used in this section:
(a)
(i)
"School based food pantry" means a location within or near a public school that
distributes food for students and families to consume outside of a school day.
(ii)
"School-based food pantry" includes a teen center located within a public school.
(b)
"Teen center" means a location within a public school that provides a student with
support services, including access to a food pantry.
(2)
If an LEA participates as a distribution point for a school-based food pantry, the LEA
may not:
(a)
deny a student who is younger than 18 years old or a parent of the student from
receiving a school-based food pantry item; or
(b)
if the student is 18 years old or older, require the student to provide evidence of
lawful presence in the United States to receive a school-based food pantry item.
(3)
Sections
53G-9-205.2
,
63G-12-402
, and
76-14-207
do not apply to a school-based food
pantry item, whether a school-based food pantry is administered by an LEA, a state
agency, a non-profit or for profit organization, or any other political subdivision of the
state that receives or administers state or federal funds to fulfill the purposes of a
school-based food pantry.
Section 2. Section
53G-9-205.2
is amended to read:
53G-9-205.2
. Definitions -- Prohibited food additives -- Exceptions.
(1)
As used in this section:
(a)
"FD
C" means the Federal Food, Drug, and Cosmetics Act, 21 C.F.R. Part 74.
(b)
"Public school" means the same as that term is defined in Section
53G-9-205.1
.
(c)
"School day" means the same as that
terms
term
is defined in Section
53G-6-201
.
(2)
(a)
Beginning in the 2026-2027 school year, a public school may not sell, donate,
offer, or serve on school grounds during the school day, food that contains:
(i)
potassium bromate;
(ii)
propylparaben;
(iii)
FD
C Blue No. 1;
(iv)
FD
C Blue No. 2;
(v)
FD
C Green No. 3;
(vi)
FD
C Red No. 3;
(vii)
FD
C Red No. 40;
(viii)
FD
C Yellow No. 5; and
(ix)
FD
C Yellow No. 6.
(b)
Except as provided in Subsection
(3)
, a person who sells, donates, offers, or serves a
consumable item during the school day shall comply with the requirements under this
section.
(3)
(a)
Notwithstanding Subsection
(2)
(b):
(i)
a student's parent may provide students with a food item described in Subsection
(2)(a)
during the school day;
(ii)
a teacher may provide students with a food item described in Subsection
(2)(a)
if
the teacher obtains permission from the students' parents at the start of each school
semester; and
(iii)
a person may sell a food item described in Subsection
(2)
(a):
(A)
as a concession item at a school-sponsored event or extra-curricular activity; or
(B)
in a vending machine.
(b)
This section does not apply to
:

(i)
a charter school or school district that has 5,500 students or fewer
.
; or
(ii)
an item distributed through a school-based food pantry, as that term is defined in
Section
53G-7-228
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-23-26 11:24 AM