Laws

Delaware school Red 40 law (SB 69)

Delaware chose the narrowest law of any state: a single dye, Red 40, removed from school food.

Is this dye or additive banned in your state?

Try a date in 2027 or 2028 to see what changes.

Everything you enter stays in this browser: nothing is sent or stored.

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

Banned in school food in Delaware

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 foodIn effect SB 69 (153rd General Assembly), from July 1, 2026.

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 Delaware

Senate Bill 69 of the 153rd General Assembly became chapter 27 of volume 85 of the Laws of Delaware, approved on May 22, 2025. It adds section 4137B to Title 14 of the Delaware Code, which provides that a school district or charter school may not sell or serve, as a breakfast, a lunch or a competitive food on campus during the school day, a food that contains Red dye 40. The requirement is to be implemented beginning July 1, 2026, so it applies from the current school year. Delaware did not include the other certified dyes, Red 3 or any preservative, which makes its rule the smallest in scope of those enacted. Food sold outside schools is not affected. For the other six dyes, federal rules alone apply in Delaware, including the FDA order that removes Red 3 from all food from January 15, 2027.

How long until a state rule starts?

Delaware, SB 69 (153rd General Assembly) (school food)

Already in effect

StartsJuly 1, 2026
Covers1 dyes or additives
Status todayIn effect
See every date on the timeline →

Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources

Why only one dye

The enacted text names Red 40 alone. It is the dye most often listed in the labeled products counted on this site, which the product search shows category by category. A Delaware school snack colored with Yellow 5 or Blue 1 alone remains allowed under state law.

Families can check a label with the checker, Delaware selected.

Delaware rules on dyes and additives

Read at the official texts on November 1, 2026.
LawScopeSubstancesFromStatus todayEnforcement
SB 69 (153rd General Assembly)school foodRed 40July 1, 2026In effectnot stated

Each tracked substance in Delaware

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

Questions people ask

Delaware SB 69 (153rd General Assembly), school food: what does it cover and from when?

It applies to school food from July 1, 2026 and names 1 of the substances tracked here: Red 40. Its place in the law: 14 Del. C. § 4137B. Status on November 1, 2026: in effect. The text sets no fine of its own.

Can stores in Delaware still sell food with Red 40?

Yes. Delaware has no law on all food sold in the state, 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 Delaware 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.

Check next

Laws and official pages behind this page

Written by

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

Laws and FDA orders checked on · Editorial policy · Contact

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