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?

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FD&C Red No. 40 in California, November 5, 2026

Out of school food from December 31, 2027

FDAAllowed 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 foodEnacted, 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 California

California 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

StartsJanuary 1, 2027
Covers4 dyes or additives
Status todayEnacted, not yet in effect
See every date on the timeline →

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

Read at the official texts on November 1, 2026.
LawScopeSubstancesFromStatus todayEnforcement
AB 418 (2023)all food soldBVO, Potassium bromate, Propylparaben and Red 3January 1, 2027Enacted, not yet in effectCivil 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 foodBlue 1, Blue 2, Green 3, Red 40, Yellow 5 and Yellow 6December 31, 2027Enacted, not yet in effectnot stated

Each tracked substance in California

Status on November 5, 2026.
SubstanceFDAAll food soldSchool foodLabel
Red 40Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Red 3FDA ban ordered, not yet in effectEnacted, not yet in effect (January 1, 2027)nono
Yellow 5Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Yellow 6Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Blue 1Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Blue 2Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Green 3Allowed by FDAnoEnacted, not yet in effect (December 31, 2027)no
Citrus Red 2Still allowed; FDA proposed a bannonono
Orange BBanned nationwide by FDAnonono
BVOBanned nationwide by FDAEnacted, not yet in effect (January 1, 2027)nono
Potassium bromateAllowed by FDAEnacted, not yet in effect (January 1, 2027)nono
PropylparabenAllowed by FDAEnacted, not yet in effect (January 1, 2027)nono
Titanium dioxideAllowed by FDAnonono
BHAAllowed by FDAnonono

Questions people ask

California AB 418 (2023), all food sold: what does it cover and from when?

It applies to all food sold from January 1, 2027 and names 4 of the substances tracked here: BVO, Potassium bromate, Propylparaben and Red 3. Its place in the law: Health and Safety Code § 109025. Status on November 1, 2026: enacted, not yet in effect. Enforcement: 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.

California AB 2316 (2024), school food: what does it cover and from when?

It applies to school food from December 31, 2027 and names 6 of the substances tracked here: Blue 1, Blue 2, Green 3, Red 40, Yellow 5 and Yellow 6. Its place in the law: Education Code §§ 49431, 49431.2, 49431.5 and 49531. Status on November 1, 2026: enacted, not yet in effect. The text sets no fine of its own.

Can stores in California still sell food with Red 40?

Yes. The California law on all food sold in the state does not name Red 40, so the FDA listing decides, and Red 40 remains listed. School rules and label rules, where they exist, do not stop a store from selling a product. The checker at the top of this page gives the status of every tracked substance.

Where can I read the California texts?

Each rule is linked, in the table and in the sources of this page, to the legislature's own site, where the enrolled or chaptered text is published. We read them on November 1, 2026. When a text, a date or a court order changes, the reading date on this page changes with it and the status shown is computed again.

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Laws and official pages behind this page

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Independent publisher of a state-by-state tracker of food dye and additive laws in the United States, with an ingredient-list checker built on USDA FoodData Central

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Food dye and additive rules 2026, read in each state law and in the Federal Register, last checked on