Food safety: unsafe additives and ingredient disclosures.
AB 2034
California Bills
20250AB__203498AMD INTRODUCED 2026-02-17 AMENDED_ASSEMBLY 2026-04-16 2025 AB AMD Introduced by Assembly Member Addis (Coauthors: Assembly Members Connolly and Hart) LEAD_AUTHOR ASSEMBLY Addis COAUTHOR ASSEMBLY Connolly COAUTHOR ASSEMBLY Hart
An act to amend Sections 109940, 110285, 110445 of, and to add
Article 8.3 (commencing with
Section 110961) and
Article 8.4 (commencing with
Section 110961.20) to
Chapter of Part of Division of, the Health and Safety Code, relating to food safety. food safety Food safety: unsafe additives and ingredient disclosures. Existing law, the Sherman Food, Drug, and Cosmetic Law, under the administration and enforcement of the State Department of Public Health (department), provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. A violation of the Sherman Food, Drug, and Cosmetic Law is punishable as a misdemeanor.
Existing law makes it unlawful for any person to adulterate any food or to manufacture, sell, deliver, hold, or offer for sale any food that is adulterated. Existing law deems a food as adulterated if it is, bears, or contains any food additive that is unsafe, or if it bears or contains any color additive or added poisonous or deleterious substance that is unsafe.
Existing law deems, among other things, any food additive, color additive, or an added poisonous or deleterious substance as unsafe for use with respect to any food unless there is in effect a regulation, as specified, that limits the quantity and the use, or intended use, of the substance.
This bill would deem a food additive or dietary ingredient as unsafe in food intended for humans with respect to its intended use unless the substance and its intended use meet a specified condition, including, among others, that the substance and its intended use were introduced after January 1, 1958, but before January 1, 2027, and are used in accordance with a published notice, as described below.
Commencing July 1, 2027, if an individual intends to use a food additive or dietary ingredient in food intended for humans pursuant to these provisions, the bill would require the individual to submit a notice to the department that includes the same information required for a specified federal notice. The bill would require the department to verify the information and, if the information is complete, publish the notice in a public database, as specified.
The bill would authorize the department, when assessing the safety of a food additive, to consider various factors, including, among others, whether the substance is banned or restricted in other jurisdictions due to concerns about adverse health consequences.
The bill would require, on or before July 1, 2027, the manufacturer of any packaged food product that is sold in this state to provide the department with a complete and accurate list of its food products that, as of the date of submission, are sold in the state and that do not individually list each of the product’s ingredients in the ingredient list on the product’s label. For every product submitted, the bill would require the manufacturer to identify each ingredient not individually named in the ingredient list on the product’s label, as specified.
By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following: (
a) There is a growing public concern regarding the impact of harmful ultraprocessed foods (UPFs) on health and safety. (
b) Food additives, color additives, and flavors are often used in UPFs without federal Food and Drug Administration (FDA) knowledge or agency review to ensure safety. (
c) Regulators, public health officials, and researchers have little knowledge of how these chemicals impact public health and safety due to the lack of public disclosure of safety data and various industry safety assessments and the lack of effective federal premarket and postmarket safety evaluations. (
d) Governor Newsom’s executive order on UPFs (Executive Order No. N-1-25) called for action against risks of UPFs and ingredients, including substances that are “generally recognized as safe.” (
e) Congress intended new chemicals to undergo premarket review with the passage of the Food Additive Amendment of 1958, but food companies circumvent such review through the “generally recognized as safe” loophole.
SEC. 2.
Section of the Health and Safety Code is amended to read: 109940. Notwithstanding
Section 110085, “food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance becoming a component of the food or otherwise affecting characteristics of the food. This includes any substance or radiation source intended for use in producing, manufacturing, packing, treating, packaging, transporting, or holding any food. The term “food additive” does not include any of the following: (
a) A pesticide chemical in or on a raw agricultural commodity. (
b) A pesticide chemical that is used, or intended for use, in the production, storage, or transportation of any raw agricultural commodity. (
c) A color additive. (
d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 (72 Stat. 1784), pursuant to the federal act; the Poultry Products Inspection Act (71 Stat. 441; 21 U.S.C.
Sec. 451 et seq.); the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C.
Sec. 71 et seq.); or the Food and Agricultural Code of this state.
SEC. 3.
Section of the Health and Safety Code is amended to read: 110285. When the department has published a notice pursuant to
Section 110961.1 or adopted a regulation prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or deleterious substance, food additive, pesticide chemical, or color additive in processed foods, the department may require manufacturers to guarantee that foods they market in the state comply with the tolerance. The department may require a guarantee periodically but not more often than once each calendar quarter.
SEC. 4.
Section of the Health and Safety Code is amended to read: 110445. Any added poisonous or deleterious substance, or any food additive, pesticide chemical, preservative, or color additive, shall be considered unsafe for use with respect to any food unless either of the following apply: (
a) There is in effect a regulation adopted pursuant to
Section 110080, 110085, or 110090, that limits the quantity and the use, or intended use, of the substance to the terms prescribed by the regulation. (b)<xhtml:span class="EnSpace"/>A license pursuant to
Section 110961.4 that limits the quantity and the use, or intended use, of the substance to the terms prescribed by the notice or letter.</xhtml:p>"?> (
b) The substance is compliant with the requirements of
Section 110961.1.
SEC.
Article 8.3 (commencing with
Section 110961) is added to
Chapter of Part of Division of the Health and Safety Code , to read: 8.3. Foods Additives <caml:Num>110961.</caml:Num><caml:LawSectionVersion id="id_8F22CBD3-2844-451F-B320-1D2B37DD9747"><caml:Content><xhtml:p>Notwithstanding
Section 110085, a color additive, food additive, or dietary ingredient shall be considered unsafe in food intended for humans if it is found to induce cancer when ingested by a human or animal, or if it is found, after tests that are appropriate for the evaluation of the safety of food substance, to induce cancer in a human or animal. </xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_4385B6E0-4BF9-4BC4-BCC8-FD08CC6978C7"><caml:Num>110961.1.</caml:Num><caml:LawSectionVersion id="id_5CA0F9D2-F859-4897-8AF4-AECA341105C2"><caml:Content/></caml:LawSectionVersion></caml:LawSection>"?> 110961.
Notwithstanding
Section 110085, a food additive or dietary ingredient shall be considered unsafe under
Section in food intended for humans with respect to its intended use unless the substance and its intended use meet any of the following conditions: (
a) Were widely used in the United States prior to January 1, 1958, without known detrimental effects, which is subject only to conventional processing and intended uses as practiced prior to January 1, 1958, and for which no known safety hazard exists. (
b) Were introduced after January 1, 1958, but before January 1, 2027, and are used in accordance with a notice published pursuant to
Section 110961.1. (
c) Are subject to a regulation pursuant to
Section or prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or deleterious substance or food additive. (
d) Are subject to a Generally Recognized as Safe (GRAS) notice submitted to the United States Food and Drug Administration (FDA) and a current letter by the FDA stating that the FDA has no questions regarding the conclusion that the substance is generally recognized as safe under its intended conditions of use. (
e) Are recognized in federal regulations as an approved food additive, prior sanctioned, or GRAS for use in human food or food contact materials. (
f) Are a food contact substance or use subject to an effective premarket notification demonstrating safety for its intended use. (
g) Are subject to a new dietary ingredient notification and a current letter of acknowledgment from the FDA without objection that the substance is safe under its intended conditions of use. <caml:Num>110961.2.</caml:Num><caml:LawSectionVersion id="id_96A3449F-FBA2-4DA7-A432-F7044A97BD5C"><caml:Content/></caml:LawSectionVersion></caml:LawSection>"?> 110961.1. (
a) On or before July 1, 2027, the department shall publish on its internet website a database for notices submitted pursuant to this section. (b)
(1) Commencing July 1, 2027, if an individual intends to use a food additive or dietary ingredient in food intended for humans pursuant to subdivision (
b) of
Section 110961, the individual shall submit a notice to the department that includes the information described in Sections 170.225 to 170.255, inclusive, of Title of the Code of Federal Regulations.
(2) Within days of receiving a notice describing an intended use of a substance in foods, the department shall verify that the notice contains the information described in Sections 170.225 to 170.255, inclusive, of Title of the Code of Federal Regulations, and do either of the following: (
A) Publish that notice in the public database described in subdivision (a). (
B) Issue a rejection letter detailing missing information needed to complete the notice. (
c) Prior to publishing any information in the database, the department shall redact information that has been designated by the submitter of that information as a trade secret, provided that data needed to establish safety shall not be redacted. (
d) The department shall ensure the database meets all of the following conditions:
(1) Searchable by members of the public.
(2) Members of the public are able to download and print notices, including all submitted safety information and departmental responses.
(3) Includes any safety information and supporting information related to each notice.
(4) Accommodates reasonably anticipated and actual public use. <caml:Num>110961.3.</caml:Num><caml:LawSectionVersion id="id_769E7AAC-D87E-4627-8AAD-1CC04A7D5994"><caml:Content/></caml:LawSectionVersion></caml:LawSection>"?> 110961.2. (
a) On or before July 1, 2028, the department shall provide an interim progress report to the Legislature, Governor, and on its internet website concerning efforts to develop and implement the database system required by
Section 110961.1 that includes all of the following:
(1) A projected completion date.
(2) A description of obstacles to development and implementation of the database system.
(3) An estimate of the costs to complete the implementation of the database system. (
b) A report to be submitted to the Legislature pursuant to this
section shall be submitted in compliance with
Section of the Government Code. <caml:Num>110961.4.</caml:Num><caml:LawSectionVersion id="id_F44720EE-2657-4CEC-8162-22210000DD75"><caml:Content><p>This
section applies to food additives described in subdivision (
b) of
Section 110961.1.</p><p>(a)<span class="EnSpace"/>For food additives and uses introduced before July 1, 2027, the department shall issue a license following publishing of notice pursuant to
Section 110961.2.</p><p>(b)<span class="EnSpace"/>For food additives and uses introduced on or after July 1, 2027, the department shall do all of the following:</p><p>(1)<span class="EnSpace"/>Allow days for any filing of an objection by any member of the public presenting reasonable questions of safety for the conditions of use described in the notice.</p><p>(2)<span class="EnSpace"/>Within days from the close of the objection period described in paragraph (1), determine whether to issue a license for the conditions of use described in the notice.</p><p>(3)<span class="EnSpace"/>Review the notice and issue a license only if the department finds that no reasonable safety questions or concerns have been raised regarding the conditions of intended use of the substance.</p><p>(c)<span class="EnSpace"/>If the department determines not to issue a license, the department shall publish a letter summarizing the reasonable safety questions or concerns with the conditions of intended use of the substance.</p><p>(d)<span class="EnSpace"/>When considering whether to issue a license under this section, the department may consider and use evidence not contained in the submitted notice and shall consult with the Office of Environmental Health Hazard Assessment and Department of Toxic Substances Control.</p><p>(e)<span class="EnSpace"/>Licenses under this
section are transferrable, provided that any party intending to use the license other than the original submitter notifies the department prior to engaging in use.</p><p>(f)<span class="EnSpace"/>This
section does not limit the department in issuing regulations pursuant to
Section or or otherwise limit its authority to regulate the use of a food additive.</p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_D5AB3576-1294-42ED-AEE8-9CD943646382"><caml:Num>110961.5.</caml:Num> <caml:LawSectionVersion id="id_7D7F2CEB-63F1-4B9E-AC2A-3A708789669A"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/></xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?> 110961.3. When assessing the safety of a food additive, the department may consider, but is not limited to, all of the following: (1)</xhtml:p>"?> (
a) The factors listed in subdivision (
b) of
Section 104662. (2)</xhtml:p>"?> (
b) Whether the food additive is subject to a Proposition warning. (3)</xhtml:p>"?> (
c) Estimates of dietary exposure among California and the United States population. (4)</xhtml:p>"?> (
d) The cumulative effects of the substance and chemically and pharmacologically related substances. (5)</xhtml:p>"?> (
e) Hazard, dose response, and exposure. (6)</xhtml:p>"?> (
f) The application of adequately protective safety factors to ensure an appropriate margin of safety to take into account uncertainties in hazard identification, dose response, exposure, and sensitivities. (7)</xhtml:p>"?> (
g) Whether the weight of the evidence shows that the substance has not been found to be carcinogenic. (8)</xhtml:p>"?> (
h) Whether the weight of the evidence shows that the substance has not been found to induce reproductive toxicity or developmental toxicity in humans or animals, including through an endocrine mode of action. (9)</xhtml:p>"?> (
i) Other information as the department may specify in regulation. (b)<xhtml:span class="EnSpace"/>If the department determines, with respect to a substance described in subdivision (
b) of
Section 110961.1, based on information received under subdivision (
b) of
Section 110961.7 and publicly available information, that a concern about the safety of the substance, or the intended use of the substance, exists, the department may revoke a license previously issued by the department. If the department revokes a license, the department shall post the revocation in the database described in
Section 110961.2.</xhtml:p>"?> <caml:Num>110961.6.</caml:Num><caml:LawSectionVersion id="id_E74B2D8A-D5CF-42BB-A584-D3F65FE9C424"><caml:Content><xhtml:p>The department may create and update user fees for notices, assessments, and reassessments. </xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_1B9E02B1-A3E2-4CD7-83A9-4958E4DDECC9"><caml:Num>110961.7.</caml:Num><caml:LawSectionVersion id="id_CCDA0F30-F51C-451D-9A78-80C20C634DB8"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>On or before July 1, 2030, and at least every three years thereafter, the department shall systematically reassess the safety, including the safety of conditions of use, of at least of the following substances, or classes thereof:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Food additives.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Color additives.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Prior-sanctioned substances.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Dietary ingredients.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>When determining which substances should be reassessed and in conducting the reassessments under this section, the department may require any person that manufactures, introduces, delivers for introduction, or receives a food substance described in subdivision (
a) in the state to conduct, and submit to the department, safety evaluations of the substance. The safety evaluation shall include, with respect to the substance, updated information described in
Section 110961.5.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_9F78CD7B-74A8-4255-8B55-4AB7B80D0064"><caml:Num>110961.8.</caml:Num><caml:LawSectionVersion id="id_AA605A49-6676-4D14-8AC8-6EA8FAF74E2B"><caml:Content/></caml:LawSectionVersion></caml:LawSection>"?> 110961.4. (
a) Small businesses are exempt from this article. (
b) For purposes of this section, “small business” means a business that is independently owned and operated, and employs or fewer persons. <caml:Num>110961.9.</caml:Num><caml:LawSectionVersion id="id_61ED5D5A-81F7-414F-B357-277E92D39932"><caml:Content/></caml:LawSectionVersion></caml:LawSection>"?> 110961.5. (
a) Notwithstanding
Section 110961, a food facility, as defined in
Section 113789, food service establishment, food relief organization, supermarket, grocery store, specialty food store, a farmers’ market, or any other vendor that, in the regular course of business, sells food at retail directly to the public on premises located in the state shall be permitted to sell, deliver, distribute, hold, offer or expose for sale any food or food product acquired for sale in the state before July 1, 2027, and for which the sale would otherwise be prohibited by this article, until the expiration date, “best by” date, or “sell by” date printed on the packaging of the food or food product by the manufacturer or producer, but no later than July 1, 2030. (
b) This
section affects only the applicability of this article.
SEC.
Article 8.4 (commencing with
Section 110961.20) is added to
Chapter of Part of Division of the Health and Safety Code , to read: 8.4. Ingredient Disclosures 110961.20. On or before July 1, 2027, the manufacturer of any packaged food product subject to regulation by the federal Food and Drug Administration that is sold in this state shall, on a
schedule and in electronic or other format, as determined by the department, provide the department with a complete and accurate list of its food products that, as of the date of submission, are sold in the state and that do not individually list each of the product’s ingredients in the ingredient list on the product’s label. 110961.21. (
a) For every product submitted pursuant to
Section 110961.20, the manufacturer shall identify each ingredient not individually named in the ingredient list on the product’s label by all of the following:
(1) Its common or usual name.
(2) Other relevant identifiers, including Chemical Abstracts Service number, Flavor and Extract Manufacturers Association of the United States number, or notice published pursuant to
Section 110961.1. (
b) For every ingredient identified pursuant to subdivision (a), the manufacturer shall specify whether it is a natural flavor, artificial flavor, artificial color, or spice as those terms are defined in
Section 101.22 of Title of the Code of Federal Regulations. (
c) This
section does not require a manufacturer to disclose the weight or amount of an ingredient that requires disclosure pursuant to subdivision (
a) or to disclose the manner in which the ingredient or product is formulated. 110961.22. (
a) The manufacturer of a product subject to
Section 110961.20 shall submit to the department information reflecting changes made to its ingredients if any of the following occur:
(1) Ingredients identified pursuant to
Section 110961.21 are added, modified, or removed from the product.
(2) Product labeling is modified to individually list each ingredient. (
b) Upon receipt of new information, the department, after verifying the accuracy of that information, shall revise the manufacturer’s information on record with the department to reflect the new information. 110961.23. This
article does not apply to any manufacturer, distributor, or retailer of food products with annual aggregate sales of food products, both within and outside of California, of less than one million dollars ($1,000,000), based on the party’s most recent tax year filing. 110961.24. On or before July 1, 2027, the department shall develop and make operational a consumer-friendly, public internet website that creates a database of the information collected pursuant to this article. The database shall be searchable to accommodate a wide range of users, including users with limited technical and scientific literacy.
The internet website shall be designed to be easily navigable and to enable users to compare and contrast products and reportable ingredients. The internet website shall include hypertext links to other educational and informational internet websites to enhance consumer understanding. 110961.25. This
article does not require any changes to the packaging or labeling of products with regards to state or federal requirements.
SEC. 7. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of