Committee advances bill to remove Red Dye 40 from school nutrition programs, sponsor cites studies linking dyes to behavior

House Bill 134, which would restrict use of Red Dye 40 (Allura Red) in school nutrition programs, was amended in the Education Committee and approved 14‑4; it now moves to the calendar and rules.

Representative Davis, sponsor of the bill, said the measure mirrors steps other states have taken and cited the European Union’s requirement (since 2010, as the sponsor stated) that products containing Allura Red carry a warning that it “may have an adverse effect on the activity and the attention on children.” Davis said about two dozen states have advanced or adopted legislation limiting food dyes in school meals and noted vendor lists and alternative products are available for school nutrition programs.

During committee discussion, members asked whether the measure applied only to school nutrition programs (it does, as drafted) and whether concessions, fundraising and vending machines were exempt—the sponsor confirmed the language targets the school nutrition program only and would not automatically affect concession stands or vending machines.

Questions were raised about the state of the science. One member said much of the existing animal research used high doses and asked whether human evidence is conclusive. The sponsor cited a 2021 peer‑reviewed systematic review—by the organizations and experts she referenced in committee—that concluded synthetic food dyes, including Red Dye 40, “can cause or exacerbate neurobehavioral problems in children.”

After discussion and adoption of the subcommittee rewrite (amendment 50495), the clerk reported the committee vote as 14 ayes and 4 nays. The bill was recorded as moving out of the committee’s calendar and rules.