HB1014: HB1014 Education; prohibit private and public primary and secondary schools from serving or selling, or allowing a third party to serve or sell, food or beverages that contain certain synthetic dyes

26 LC 46 1293 House Bill 1014 By: Representatives Bell of the 75th, Ridley of the 22nd, Barnes of the 86th, Hagan of the 156th, and Sharper of the 177th A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O fficial Code of Georgia1 Annotated, relating to student health, so as to prohibit privat e and public primary and2 secondary schools from serving or selling, or allowing a third party to serve or sell, food or3 beverages that contain certain synthetic dyes; to amend Article 2 of Chapter 2 of Title 26 of4 the Official Code of Georgia Annotated, relating to adulteratio n and misbranding of food,5 so as to prohibit the addition of specific ingredients in food and the selling any food under6 an invented name when it does not contain some ingredient sugge sted by such name or7 contains only an inconsiderable quantity; to provide for defini tions; to provide for an8 exception; to provide for effective dates; to provide for related matters; to repeal conflicting9 laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Part 3 of Article 16 of Chapter 2 of Title 20 of the Official C ode of Georgia Annotated,13 relating to student health, is amended by adding a new Code section to read as follows:14 "20-2-779.5.15 (a) As used in this Code section, the term;16 H. B. 1014 - 1 - 26 LC 46 1293 (1) 'CAS Reg. No.' means an internationally recognized identif ier assigned by the17 Chemical Abstracts Service Registry, a division of the American Chemical Society.18 (2) 'Synthetic dye' means:19 (A) Blue 1 (CAS Reg. No. 3844-45-8);20 (B) Blue 2 (CAS Reg. No. 860-22-0); 21 (C) Green 3 (CAS Reg. No. 2353-45-9);22 (D) Red 3 (CAS Reg. No. 16423-68-0);23 (E) Red 40 (CAS Reg. No. 25956-17-6);24 (F) Yellow 5 (CAS Reg. No. 1934-21-0); or25 (G) Yellow 6 (CAS Reg. No. 2783-94-0).26 (b) Beginning January 1, 2027, no private or public primary or secondary school shall27 serve or sell, or allow a third party to serve or sell, any foo d or beverage that contains28 synthetic dye on school grounds during the regular school day or as part of a school meal29 program.30 (c) A school described in subsection (b) of this Code section may permit the sale of food31 items that do not comply with this Code section as part of a school fundraising event if the32 sale of those items takes place off of and away from school premises or the sale of those33 items takes place on the school premises at least one-half hour after the end of the school34 day."35 SECTION 2.36 Article 2 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, relating to37 adulteration and misbranding of food, is amended by revising Code Section 26-2-22, relating38 to prohibited acts, as follows:39 "26-2-22.40 The following acts and the causing thereof within this state are prohibited:41 H. B. 1014 - 2 - 26 LC 46 1293 (1) The manufacture, sale or delivery, holding, storage, or offering for sale of any food42 that is adulterated or misbranded;43 (2) The adulteration or misbranding of any food;44 (3) The receipt in commerce of any food that is adulterated or misbranded and the45 delivery or proffered delivery thereof for pay or otherwise;46 (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in47 violation of Code Section 26-2-27;48 (5) The dissemination of any false advertisement;49 (5.1) The sale of any food under an invented name when it does not contain some50 ingredient suggested by such name or contains only an inconsiderable quantity;51 (5.1)(5.2) The failure to comply with testing, reporting, or record-keeping requirements52 provided by or pursuant to Code Section 26-2-27.1;53 (6) The refusal to permit entry or inspection, or to permit th e taking of a sample, as54 authorized by Code Section 26-2-36;55 (7) The giving of a guaranty or undertaking, which guaranty or undertaking is false,56 except by a person who relied on a guaranty or undertaking to the same effect signed by,57 and containing the name and address of, the person residing in the State of Georgia from58 whom he or she received in good faith the food;59 (8) The removal or disposal of a detained or embargoed article in violation of Code60 Section 26-2-38;61 (9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any62 part of the labeling of or the doing of any other act with respect to a food, if such act is63 done while such article is held for sale and results in such ar ticle being adulterated or64 misbranded;65 (10) Forging, counterfeiting, simulating, or falsely represent ing, or without proper66 authority using any mark, stamp, tag, label, or other identification device authorized or67 required by regulations promulgated pursuant to this article; and68 H. B. 1014 - 3 - 26 LC 46 1293 (11) The operation of a food sales establishment in violation of Code Section 26-2-25."69 SECTION 3. 70 Said article is further amended by revising Code Section 26-2-2 6, relating to when food71 deemed adulterated, as follows:72 "26-2-26.73 (a) As used in this Code section, the term 'CAS Reg. No.' mean s an internationally74 recognized identifier assigned by the Chemical Abstract Service Registry, a division of the75 American Chemical Society.76 (b) A food shall be deemed to be adulterated if:77 (1) It bears or contains any poisonous or deleterious substanc e which may render it78 injurious to health; but, in case the substance is not an added substance, such food shall79 not be considered adulterated under this paragraph if the quant ity of such substance in80 such food does not ordinarily render it injurious to health;81 (2) It bears or contains any added poisonous or added deleteri ous substance which is82 unsafe within the meaning of Code Section 26-2-27. In regard to pesticide residues, a83 food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess84 of a tolerance established by the United States Environmental Protection Agency under85 the Federal Food, Drug, and Cosmetic Act or if it bears a residue of a pesticide for which86 no tolerance has been established or is currently in effect for that food, if such residue87 appears at a level which is readily quantifiable by methods of assay for pesticide residues88 employed by the Commissioner on the date of the assay;89 (3) It consists in whole or in part of a diseased or contamina ted, filthy, putrid, or90 decomposed substance or if it is otherwise unfit for food;91 (4) It has been produced, prepared, packed, or held under unsanitary conditions whereby92 it may have become contaminated with filth or whereby it may ha ve been rendered93 diseased, unwholesome, or injurious to health;94 H. B. 1014 - 4 - 26 LC 46 1293 (5) It is the product of a diseased animal or an animal that h as died otherwise than by95 slaughter or an animal that has been fed upon the uncooked offal from a slaughterhouse;96 (6) Its container is composed in whole or in part of any poiso nous or deleterious97 substance which may render the contents injurious to health;98 (7) Any valuable constituent has been in whole or in part omit ted or abstracted99 therefrom;100 (8) Any substance has been substituted wholly or in part therefor;101 (9) Damage or inferiority has been concealed in any manner;102 (10) Any substance has been added thereto or mixed or packed t herewith so as to103 increase its bulk or weight or reduce its quality or strength or make it appear better or of104 greater value than it is;105 (11) It is confectionary and it bears or contains any alcohol or nonnutritive article or106 substance except harmless coloring, harmless flavoring, harmless resinous glaze not in107 excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of108 1 percent, harmless natural gum, and pectin, provided that this paragraph shall not apply109 to any confection containing less than one-half of 1 percent by volume of alcohol derived110 solely from the use of flavoring extracts or to any chewing gum by reason of its111 containing harmless nonnutritive masticatory substances; or112 (12) It bears or contains a coal-tar color other than one from a batch which has been113 certified under authority of the federal act; or114 (13) Beginning January 1, 2028, if it contains any added substance or ingredients which115 are poisonous or injurious to a natural person's health, includ ing butylated116 hydroxyanisole; propylparaben; Blue 1 (CAS Reg. No. 3844-45-8); Blue 2 (CAS Reg.117 No. 860-22-0); Green 3 (CAS Reg. No. 2353-45-9); Red 3 (CAS Reg. No. 16423-68-0);118 Red 40 (CAS Reg. No. 25956-17-6); Yellow 5 (CAS Reg. No. 1934-21-0); or Yellow 6119 (CAS Reg. No. 2783-94-0)."120 H. B. 1014 - 5 - 26 LC 46 1293 SECTION 4.121 All laws and parts of laws in conflict with this Act are repealed.122 H. B. 1014 - 6 -