Health and Safety Code § 104662

(a)For purposes of this article, the following definitions apply:

(1)“Restricted school foods” means a food or beverage product that is not listed in subdivision (b) of Section 104661, that contains one or more of the substances specified in paragraph (2) of subdivision (a) of Section 104661, and that is restricted from service or sale in schools, as defined by the regulations adopted by the department consistent with this section.

(2)“Ultraprocessed food of concern” or “UPF of concern” means a food or food product that is an ultraprocessed food, as defined in Section 104661, that is of concern, as determined by regulations adopted by the department consistent with this

section.

(b)(1) On or before June 1, 2028, the department shall adopt regulations to define ultraprocessed foods of concern and restricted school foods that consider all of the following factors:

(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:

(i)Cancer.

(ii) Cardiovascular disease.

(iii) Metabolic disease.

(iv) Developmental or behavioral issues.

(v)Reproductive harm.

(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.

(2)For purposes of paragraph (1), the department shall be guided by a rigorous examination of available reputable peer-reviewed scientific evidence and shall consider all of the following:

(A)The total number of jurisdictions where the substance or product

is banned, restricted, or requires a warning label.

(B)The basis for any determination by another jurisdiction to ban, restrict, or require a warning label for any substance or product.

(C)The quality, caliber, and scope of any scientific evidence to any above determination, including a rigorous examination of whether such evidence is the product of scientific research conducted according to internationally recognized best practices for scientific research.

(D)Any reputable peer-reviewed scientific evidence that would call into question any determination that a substance is linked to health harms or adverse health consequences.

(c)(1) The department shall review regulations and, as needed, update the definitions of

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.

(2)The department shall adopt and revise regulations pursuant to this section in consultation with the Office of Environmental Health Hazard Assessment; the State Department of Education; the Department of Food and Agriculture; the University of California; school food authorities, school nutrition program directors, and

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.

(3)The department may seek information from academia, other states, the federal government, and other nations to inform implementation of this section.