• California has passed Assembly Bill 1264 to define ultra-processed foods (UPF) and phase certain “UPFs of concern” out of school meals. The bill was introduced earlier this year by a bipartisan group of California lawmakers, as we previously blogged.
  • AB 1264 defines UPF as “any food or beverage that contains a substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar . . . or a nonnutritive sweetener or other substance . . . .” The substances in paragraph 2 include the following categories of ingredients:
    • Surface-active agents;
    • Stabilizers and thickeners;
    • Propellants, aerating agents, and gases;
    • Colors and coloring adjuncts;
    • Emulsifiers and emulsifier salts;
    • Flavoring agents and adjuvants; and
    • Nonnutritive sweeteners.
  • The bill clarifies that salt, sodium chloride, spices or other natural seasonings and flavorings, and natural color additives listed in 21 CFR Part 73 will not cause a food or beverage to be categorized as a UPF. In addition, the following are excluded from the UPF definition:
    • A commodity food specifically made available by the U.S. Department of Agriculture;
    • A raw agricultural commodity;
    • An unprocessed locally grown or locally raised agricultural product;
    • Minimally processed prepared foods, which may include foods in whole, cut, sliced, diced, canned, pureed, dried, and pasteurized forms;
    • Class 1 milk;
    • Alcoholic beverages;
    • Medical foods; and
    • Infant formula.
  • High amounts of saturated fat, sodium, or added sugar are defined to mean 10 percent or greater of total energy from saturated fat, a ratio of milligrams of sodium to calories equal to or greater than 1:1, and 10 percent or greater of total energy from added sugars. Nonnutritive sweeteners include those defined in 21 CFR 170.3(o)(19): D-sorbitol, erythritol, hydrogenated starch hydrolysates, sucralose, isomalt, lactitol, Luo Han fruit concentrate, maltitol, steviol glycosides, thaumatin, and xylitol.
  • The California Office of Environmental Health Hazard Assessment is directed in the bill to define “UPFs of concern,” which will be phased out of use in school foods by July 1, 2035. The department will consider factors such as whether the substance is banned or required to bear a warning label in other jurisdictions; is linked to adverse health consequences; is considered hyperpalatable or linked to food addiction; has been modified to be high in saturated fat, added sugar, or salt; meets the requirements for FDA’s definition of the term “healthy”; and is a common natural additive.
  • The bill is now awaiting a signature from California Governor Gavin Newsom. Keller and Heckman will continue to monitor this bill and other state legislation related to UPFs.