The California Food Safety Act (AB 418)
The most significant and recent development in California's food regulations is the California Food Safety Act, or AB 418, signed into law in 2023. This law explicitly bans the manufacture, sale, or distribution of food products containing four specific chemical additives, effective January 1, 2027. The ban was enacted over health concerns linked to these chemicals, including cancer, nervous system damage, and hyperactivity, though industry groups contested the necessity of state-specific bans. Many manufacturers, like those in Europe where these additives are also banned, already produce alternative versions of their products, suggesting this change is feasible.
The four banned additives are:
- Red Dye No. 3: A colorant found in many processed candies, icings, and beverages. The FDA banned its use in cosmetics in 1990 due to cancer links, but had not restricted its food applications until California's recent law.
- Potassium Bromate: A leavening agent used in baked goods like packaged breads and tortillas. It is often used to strengthen dough and improve its rise.
- Brominated Vegetable Oil (BVO): An emulsifier used to stabilize citrus-flavored beverages, preventing flavor oils from separating. The FDA proposed a federal ban on BVO in late 2023, following California's lead.
- Propylparaben: A preservative used in packaged baked goods and other processed foods to inhibit microbial growth.
School Food Bans: Real Food, Healthy Kids Act (AB 1264)
In addition to the statewide ban, California has taken targeted action to regulate the food served in schools through the Real Food, Healthy Kids Act (AB 1264). Signed into law in October 2025, this act defines ultra-processed foods and initiates a gradual phase-out of certain products from school meals, with a complete ban scheduled for 2035. This initiative aims to improve child nutrition and reduce exposure to harmful additives. The law was partly inspired by links between some food dyes and neurobehavioral issues in children.
Which school foods are affected?
- Certain Synthetic Food Dyes: The ban targets specific dyes known to cause health problems in some children, including Red 40, Yellow 5, and Yellow 6.
- Ultra-Processed Foods: The act provides a legal definition for these foods, characterized by high levels of sugar, salt, saturated fat, and additives. Examples include some brightly colored cereals and processed snack foods.
Broader Federal and State Restrictions
While California's laws are prominent, other bans also apply within the state's borders due to broader federal regulations. A prime example is traditional haggis, the Scottish national dish. The U.S. has prohibited the import of haggis containing sheep lung since 1971, based on USDA rules deeming animal lungs unfit for human consumption. Therefore, authentic, imported haggis is effectively outlawed in California, as it is throughout the entire country.
Proposition 65: Warnings, Not Bans
It is crucial to distinguish between outright bans and the requirements of California's Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986). Prop 65 does not ban foods but mandates that businesses provide warnings about significant exposures to chemicals known to cause cancer or reproductive toxicity. This means some products sold in California may carry warning labels without being outright banned, including certain fish high in mercury, canned foods with BPA linings, or items containing acrylamide formed during high-heat cooking.
California's Raw Milk and Dairy Rules
California permits the sale of raw, unpasteurized milk and dairy products, but under strict regulations that differentiate it from other foods. Producers must obtain a special permit and meet rigorous testing standards. The state's Department of Food and Agriculture oversees these rules, ensuring that while not outlawed, raw dairy products are handled with exceptional care and sold only in approved locations, unlike in some other states where their sale may be illegal or heavily restricted.
A Comparison of California vs. Other Food Regulations
| Feature | California Regulations | Federal/USDA Regulations | European Union (EU) Regulations |
|---|---|---|---|
| Red Dye No. 3 | Banned as of 2027 under AB 418. | Still permitted in food, banned in cosmetics since 1990. | Banned in food. |
| Potassium Bromate | Banned as of 2027 under AB 418. | Considered safe for use in specific amounts. | Banned in food. |
| Brominated Vegetable Oil (BVO) | Banned as of 2027 under AB 418. | Undergoing proposed ban process by FDA as of 2023. | Banned in food. |
| Propylparaben | Banned as of 2027 under AB 418. | Permitted as a food preservative. | Banned in food. |
| Haggis (Traditional) | Effectively banned due to import ban. | Banned for import due to sheep lung. | Permitted, made with sheep offal and casings. |
The “California Effect” on the National Food Supply
California's large economy and consumer base often mean that its regulations have a national impact, a phenomenon known as the "California effect". Rather than producing two versions of a product (one for California, one for other states), many food manufacturers find it more efficient to reformulate their recipes across the board. This means that the food bans enacted in California could ultimately lead to the removal of these specific additives from food products sold throughout the United States.
Conclusion
California's food laws are a dynamic and evolving landscape, characterized by recent, highly publicized bans on certain food additives and processed foods in schools. The California Food Safety Act (AB 418) and the Real Food, Healthy Kids Act (AB 1264) represent significant steps to regulate the food supply for health and safety. While some federal bans, like the one on haggis, also apply, California's proactive state-level action influences broader manufacturing practices. Consumers in California, and potentially the rest of the nation, can expect to see changes in product ingredients as these laws take effect. For further information, consult the official website of the California Department of Public Health (CDPH).
