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?
FD&C Red No. 40 in Delaware, November 5, 2026
Banned in school food in Delaware
| 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 | In 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 DelawareSenate 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
| Starts | July 1, 2026 |
| Covers | 1 dyes or additives |
| Status today | In effect |
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
| Law | Scope | Substances | From | Status today | Enforcement |
|---|---|---|---|---|---|
| SB 69 (153rd General Assembly) | school food | Red 40 | July 1, 2026 | In effect | not stated |
Each tracked substance in Delaware
| Substance | FDA | All food sold | School food | Label |
|---|---|---|---|---|
| Red 40 | Allowed by FDA | no | In effect (July 1, 2026) | no |
| Red 3 | FDA ban ordered, not yet in effect | no | no | no |
| Yellow 5 | Allowed by FDA | no | no | no |
| Yellow 6 | Allowed by FDA | no | no | no |
| Blue 1 | Allowed by FDA | no | no | no |
| Blue 2 | Allowed by FDA | no | no | no |
| Green 3 | Allowed by FDA | no | no | 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 | no | no | no |
| Potassium bromate | Allowed by FDA | no | no | no |
| Propylparaben | Allowed by FDA | no | no | no |
| Titanium dioxide | Allowed by FDA | no | no | no |
| BHA | Allowed by FDA | no | no | no |