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States banning food dyes: the full list

Each enacted state law that names a food dye or additive, sorted by state, with the bills that passed a legislature without becoming law and those we could not confirm.

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

Banned in school food; sale ban blocked

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 HB 2354 (2025), from August 1, 2025.
all food soldEnacted, enforcement blocked by a court HB 2354 (2025), from January 1, 2028. The federal court barred the West Virginia Department of Health from enforcing HB 2354, finding § 16-7-2(b)(7) likely unconstitutionally vague.

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 West Virginia

As of November 1, 2026, 10 states have enacted at least one law that names a food dye or additive, for 14 separate rules. They fall into three kinds. Bans on all food sold in the state exist in California and West Virginia: California's covers four substances from January 1, 2027, and West Virginia's covers nine from January 1, 2028 but is enjoined by a federal court. School rules, which limit what public schools serve or sell on campus, exist in California, West Virginia, Texas, Utah, Virginia, Louisiana, Arizona, Delaware, Alaska and Iowa, with start dates from 2025 to 2028 and lists that range from Red 40 alone in Delaware to eleven substances in Arizona. Label rules exist in Texas and Louisiana: a warning statement in Texas, partly enjoined, and a QR code disclosure in Louisiana. No state law yet bans Red 40 from food sold in stores in a way that is in force. The checker above gives the status for any state and substance on any date.

Which states keep this dye out of school food?

School-food rules naming Yellow 5

9 states

California: December 31, 2027 (enacted, not yet in effect)
West VirginiaAugust 1, 2025 (in effect)
Texas: the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026) (in effect)
Utah: the 2026-2027 school year (in effect)
Virginia: July 1, 2027 (enacted, not yet in effect)
Louisiana: the 2028-2029 school year (enacted, not yet in effect)
Arizona: the 2026-2027 school year (in effect)
Alaska: January 1, 2028 (enacted, not yet in effect)
Iowa: school years beginning on or after July 1, 2027 (enacted, not yet in effect)

All food sold, not only schools: West Virginia.

Read the school meal rules →

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

All state rules on one table

One row per rule: a single law can contain two, such as West Virginia's school rule and sale ban, or Louisiana's school rule and label disclosure. The status is computed for November 5, 2026.

Read at the official legislature and code sites on November 1, 2026. Not confirmed: the official site could not be reached.
StateLawScopeSubstancesFromStatus
CaliforniaAB 418 (2023)all food sold4January 1, 2027Enacted, not yet in effect
CaliforniaAB 2316 (2024)school food6December 31, 2027Enacted, not yet in effect
West VirginiaHB 2354 (2025)all food sold9January 1, 2028Enacted, enforcement blocked by a court
West VirginiaHB 2354 (2025)school food7August 1, 2025In effect
TexasSB 25 (89th Legislature, 2025)package label12labels developed or copyrighted on or after January 1, 2027Enacted, a court order bars enforcement against some companies
TexasSB 314 (89th Legislature, 2025)school food14the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026)In effect
UtahHB 402 (2025)school food9the 2026-2027 school yearIn effect
VirginiaHB 1910 and SB 1289 (2025)school food7July 1, 2027Enacted, not yet in effect
LouisianaSB 14 (2025)school food10the 2028-2029 school yearEnacted, not yet in effect
LouisianaSB 14 (2025)package label11December 31, 2028Enacted, not yet in effect
ArizonaHB 2164 (2025)school food11the 2026-2027 school yearIn effect
DelawareSB 69 (153rd General Assembly)school food1July 1, 2026In effect
AlaskaSB 187 (34th Legislature)school food7January 1, 2028Enacted, not yet in effect
IowaHF 2676 (91st General Assembly)school food8school years beginning on or after July 1, 2027Enacted, not yet in effect
New YorkS1239 (2025-2026)all food sold3not law: would start one year after the act takes effect (180 days after signature)Bill passed by the legislature, not law
TennesseeSB 2423 / HB 1853 (2026), HB 134 (2025)not confirmednot confirmednot confirmedNot confirmed
NebraskaLB 940 (2026)not confirmednot confirmednot confirmedNot confirmed
New HampshireSB 577 (2026)not confirmednot confirmednot confirmedNot confirmed
MichiganHB 5069 (2025-2026)not confirmednot confirmednot confirmedNot confirmed

Three kinds of law

Bans on all food make a product with a listed substance unlawful to make, sell or distribute in the state. They are the strongest kind and the ones most likely to be challenged: West Virginia's was enjoined as likely too vague in its key provision.

School rules change what a school serves or sells, not what shoppers find. They differ in scope: some cover only breakfast and lunch, as in Alaska; others cover everything sold on campus during the school day, as in Arizona, Virginia or Iowa. The school meal page compares them.

Label rules leave a product on sale but require information on the package: a printed warning in Texas for labels designed from 2027, a QR code in Louisiana from the end of 2028. The Texas warning page covers the court order.

Which states keep this dye out of school food?

School-food rules naming Yellow 5

9 states

California: December 31, 2027 (enacted, not yet in effect)
West VirginiaAugust 1, 2025 (in effect)
Texas: the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026) (in effect)
Utah: the 2026-2027 school year (in effect)
Virginia: July 1, 2027 (enacted, not yet in effect)
Louisiana: the 2028-2029 school year (enacted, not yet in effect)
Arizona: the 2026-2027 school year (in effect)
Alaska: January 1, 2028 (enacted, not yet in effect)
Iowa: school years beginning on or after July 1, 2027 (enacted, not yet in effect)

All food sold, not only schools: West Virginia.

Read the school meal rules →

Why some states say "not confirmed"

We show a state law only after reading it at the legislature's own site or the state code. On November 1, 2026, the official sites of Tennessee, Nebraska, New Hampshire and Michigan refused our connections, so we could not confirm the bills reported there. Rather than repeat secondary reports, we mark them "not confirmed" and leave them out of the counts. They will be added once read at the source.

Questions people ask

Is any state ban on Red 40 in all food in force?

No. West Virginia's HB 2354 would make food with Red 40 adulterated from January 1, 2028, but a federal court enjoined enforcement in December 2025 and the appeal was pending as of our last reading. Other states limit Red 40 only in school food or require a label statement.

Which states have bills that are not law yet?

New York's S1239 passed both chambers in 2026 but had no governor action as of November 1, 2026. For Tennessee, Nebraska, New Hampshire and Michigan, bills were reported but the legislature sites were unreachable when we checked, so their status is shown as not confirmed rather than guessed.

Do state school rules apply to private schools?

Mostly not. Most laws cover public schools and charter schools. Louisiana and Iowa also cover state-funded nonpublic schools. Timing matters too: West Virginia, for example, allows fundraiser sales off campus or on campus half an hour after the school day. The state pages give each law's exact scope.

What happens to a state law if the FDA bans the same dye?

Both apply. Federal law sets a floor that applies everywhere; a state law can add to it unless a court finds it preempted. Texas wrote a clause into its label law that ends the warning if the FDA adopts a federal rule on the same ingredients.

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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

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