Laws
California food dye and additive laws
California was the first state to ban dyes and additives in all food sold within its borders, then added a second law for schools. Here is what each one does.
Is this dye or additive banned in your state?
FD&C Red No. 40 in California, November 5, 2026
Out of school food from December 31, 2027
| FDA | Allowed by FDA Listed for use in food. FDA asked industry in April 2025 to stop using it voluntarily; its tracker names the end of 2027 as the target. No revocation order. |
| school food | Enacted, not yet in effect AB 2316 (2024), from December 31, 2027. |
FD&C Red No. 40, E129, CAS 25956-17-6. School rules cover food served or sold to students, not grocery shelves. Legal status only, not health advice.
All dye and additive rules in CaliforniaCalifornia has two laws in force on this subject, and they work differently. The California Food Safety Act, AB 418, signed on October 7, 2023 as chapter 328 of that year, adds section 109025 to the Health and Safety Code: from January 1, 2027, no person may manufacture, sell, deliver, distribute, hold or offer for sale a food product containing brominated vegetable oil, potassium bromate, propylparaben or Red dye No. 3. A violation costs up to $5,000 the first time and up to $10,000 for each later one. The California School Food Safety Act, AB 2316, signed on September 28, 2024 as chapter 914, amends the Education Code instead: from December 31, 2027, public schools may not offer food containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6, in meals or in snacks and drinks sold on campus. Food that USDA supplies directly to schools is outside that rule.
How long until a state rule starts?
California, AB 418 (2023) (all food sold)
57 days left
| Starts | January 1, 2027 |
| Covers | 4 dyes or additives |
| Status today | Enacted, not yet in effect |
Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources
Overlap with the federal Red 3 order
The state ban on Red 3 and the FDA order now cover nearly the same ground: the federal date for food is January 15, 2027, two weeks after California's. The California law adds enforcement by the Attorney General, city attorneys and district attorneys, and it covers BVO, which the FDA revoked in 2024, and two substances the FDA has not acted on, potassium bromate and propylparaben.
What comes next in California
A third law, AB 1264 of 2025, asks state agencies to define by regulation which ultra-processed foods it targets and to phase them out of school meals over several years, beginning in 2029. It does not name dyes directly, so it is not counted in the tables here.
California rules on dyes and additives
| Law | Scope | Substances | From | Status today | Enforcement |
|---|---|---|---|---|---|
| AB 418 (2023) | all food sold | BVO, Potassium bromate, Propylparaben and Red 3 | January 1, 2027 | Enacted, not yet in effect | Civil penalty up to $5,000 for a first violation and up to $10,000 for each later one, in an action by the Attorney General, a city attorney, a county counsel or a district attorney. |
| AB 2316 (2024) | school food | Blue 1, Blue 2, Green 3, Red 40, Yellow 5 and Yellow 6 | December 31, 2027 | Enacted, not yet in effect | not stated |
Each tracked substance in California
| Substance | FDA | All food sold | School food | Label |
|---|---|---|---|---|
| Red 40 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Red 3 | FDA ban ordered, not yet in effect | Enacted, not yet in effect (January 1, 2027) | no | no |
| Yellow 5 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Yellow 6 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Blue 1 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Blue 2 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Green 3 | Allowed by FDA | no | Enacted, not yet in effect (December 31, 2027) | no |
| Citrus Red 2 | Still allowed; FDA proposed a ban | no | no | no |
| Orange B | Banned nationwide by FDA | no | no | no |
| BVO | Banned nationwide by FDA | Enacted, not yet in effect (January 1, 2027) | no | no |
| Potassium bromate | Allowed by FDA | Enacted, not yet in effect (January 1, 2027) | no | no |
| Propylparaben | Allowed by FDA | Enacted, not yet in effect (January 1, 2027) | no | no |
| Titanium dioxide | Allowed by FDA | no | no | no |
| BHA | Allowed by FDA | no | no | no |