SB577 (2026) Detail

Prohibiting the use of specific color additives in meals offered or made available by public schools.


SB 577-FN - AS INTRODUCED

 

 

2026 SESSION

26-2234

12/09

 

SENATE BILL 577-FN

 

AN ACT prohibiting the use of specific color additives in meals offered or made available by public schools.

 

SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24; Rep. Spier, Hills. 6; Rep. Burroughs, Carr. 2

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill prohibits certain blue, red, citrus red, yellow, green, and orange color additives from being used in meals offered or made available by public schools.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2234

12/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT prohibiting the use of specific color additives in meals offered or made available by public schools.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Short Title.  This act shall be known as the Protect Our Kids' Food Act.  

2  Statement of Findings.  The general court finds that:  

I.  Food dyes add no nutritional value to meals and studies have shown they may be harmful for some kids;

II.  Some brands already make the exact same products without potentially harmful dyes in other countries;

III.  There is growing bipartisan support in New Hampshire and across the country for banning these dyes because of potential health risks; and

IV.  Banning these dyes specifically in schools - where we should be doing everything we can to foster kids' physical and emotional health - is a sensible middle ground.  

3  New Paragraph; Prohibition of Certain Color Additives.  Amend RSA 189:11-a by inserting after paragraph II the following new paragraph:  

II-a.  No public elementary or secondary school shall offer or make available to any student any food served as a part of a school meal or any competitive food that contains any of the following color additives, as recognized by the Food and Drug Administration:  

(a)  FD&C blue number 1, CAS Registry numbers 3844-45-8, 3844-45-9.

(b)  FD&C blue number 2, CAS Registry number 860-22-0.

(c)  FD&C green number 3, CAS Registry number 2353-45-9.

(d)  FD&C red number 3, CAS Registry number 16423-68-0.

(e)  FD&C red number 40, CAS Registry number 25956-17-6.

(f)  FD&C yellow number 5, CAS Registry number 1934-21-0.

(g)  FD&C yellow number 6, CAS Registry number 2783-94-0.

(h)  FD&C citrus red number 2, CAS Registry number 6358-53-8.

(i)  FD&C orange letter B, CAS Registry number 15139-76-1.

4  Effective Date.  This act shall take effect January 1, 2028.  

 

LBA

26-2234

11/18/25

 

SB 577-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting the use of specific color additives in meals offered or made available by public schools.

 

FISCAL IMPACT:      

 

Estimated Political Subdivision Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

$0

Indeterminable

 

METHODOLOGY:

This bill, effective January 1, 2028 (in the middle of school year 2027-2028), prohibits certain color additives from being used in meals offered, or made available, by public schools. Costs to school districts to comply with this bill, if any, are indeterminable and will vary by district. The Department states potential cost areas include:

  • Higher food costs, to purchase whole food products that do not contain color additives
  • Additional training for staff cooking the whole food products
  • Changing purchasing and procurement procedures to ensure that all products procured do not have color additives
  • Requiring additional food service labor to process the whole food products
  • Requiring updates to local wellness policies to include the limitations stated for any food served to students in the school.

 

AGENCIES CONTACTED:

Department of Education

 

Links


Date Body Type
Jan. 20, 2026 Senate Hearing
Senate Floor Vote

Bill Text Revisions

SB577 Revision: 49429 Date: Nov. 24, 2025, 1:21 p.m.

Docket


Feb. 3, 2026: Committee Report: Ought to Pass, Vote 5-0 SC 5


Dec. 11, 2025: Hearing: 01/20/2026, Map Room, SL, 10:00 am; SC 46


Dec. 11, 2025: ==CANCELLED== Hearing: 01/13/2026, Map Room, SL, 09:45 am; SC 45


Nov. 25, 2025: Introduced 01/07/2026 and Referred to Education; SJ 1