The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the following definitions apply:

(A) Fruits.

(B) Vegetables.

(C) Grains.

(D) Cereals.

(E) Beans, peas, and lentils.

(F) Nuts, seeds, and soy

products.

(G) Beverages.

(H) Dairy.

(I) Seafood.

(J) Poultry.

(K) Meat.

(L) Eggs.

(M) Condiments.

(N) Fats and oils.

(O) Herbs and spices.

Health.

agency” means a school district, county office of education, or charter school.

(ii) Stabilizers and thickeners, as defined in Section 170.3(o)(28) of Title 21 of the Code of Federal Regulations.

(iii) Propellants, aerating agents, and gases, as defined in Section 170.3(o)(25) of Title 21 of the Code of Federal Regulations.

(iv) Colors and coloring adjuncts, as defined in Section 170.3(o)(4) of Title 21 of the Code of Federal Regulations.

(vi) Flavoring agents and adjuvants, as defined in Section 170.3(o)(12) of Title 21 of the

Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(vii) Flavor enhancers, as defined in Section 170.3(o)(11) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(viii) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations.

(B) Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF.

(ii) Spices or other natural seasonings or flavorings, as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(iii) Natural color additives, as listed in Part 73 of Title 21 of the Code of Federal Regulations.

(ii) The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1.

(iii) The food or beverage contains 10 percent or greater of total energy from added sugars.

(B) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations, or any of the following substances:

(ii) Erythritol (CAS 149-32-6).

(iii) Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2.

(iv) Sucralose (CAS 56038-13-2).

(vi) Lactitol (CAS 585-86-4).

(vii) Luo Han Fruit Concentrate (CAS

977188-77-4).

(viii) Maltitol (CAS 585-88-6).

(ix) Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1.

(xi) Xylitol (CAS 87-99-0).

of the Code of Federal Regulations, only if exempted by the department by regulation.

section.

(A) Whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences.

(B) Whether the products include or require a warning label in other state, federal, or international jurisdictions due to concerns about adverse health consequences.

(C) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, including, but not limited to, any

of the following:

(ii) Cardiovascular disease.

(iii) Metabolic disease.

(iv) Developmental or behavioral issues.

(vi) Obesity.

(vii) Type 2 diabetes.

(viii) Other health harms associated with UPF consumption.

(D) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances may be hyperpalatable, or may contribute to food addiction.

(E) Whether the food has been modified to be high in saturated fat, added sugar, or salt.

(F) Whether the food meets the requirements of the United States Food and Drug Administration’s final rule issued on December 27, 2024, titled “Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy’” that defines nutrient contents that are deemed to be a part of a nutritious diet.

(G) Whether the substance is a common natural additive.

is banned, restricted, or requires a warning label.

ultraprocessed food of concern and restricted school foods every five years to accommodate any relevant advances in scientific knowledge, the development of better agricultural or manufacturing practices, or other changes that require revision of either or both of the definitions. If an update to either or both of those definitions would add a food product to the list of restricted school foods or ultraprocessed foods of concern, the department shall delay the operation of the revised definition by three years to give impacted entities time to comply with the new definition’s impact on the legal requirements of this article.

school nutrition program managers, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations; and other state agencies that the department deems appropriate, after providing an opportunity for all interested parties to comment.

of concern.

defined under Section 14837 of the Government Code.

ultraprocessed food items and are sold or served to pupils on campus during the schoolday in elementary, middle, and high schools.

concern.

This section shall become inoperative on August 1, 2033, and, as of January 1, 2034, is repealed.

This article does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern.

shall be identified by the department through a periodic survey of local educational agencies. The curriculum for the training provided under this section may be developed in consultation with representatives from associations, consumer associations, and others, as deemed appropriate by the department.