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Committee passes bill restricting certain food additives in school meals after multiple amendments

Senate Agriculture and Natural Resources Committee · February 11, 2026

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Summary

Senators amended SB 390 to clarify it applies to reimbursable school meals, delayed certain enforcement provisions to the 2028–29 school year, removed BHA from the ban and added FD&C labeling clarity; the committee passed the bill favorably as amended by voice vote.

The Senate Agriculture and Natural Resources Committee passed Senate Bill 390 favorably as amended after a series of committee amendments that narrowed and clarified the bill's scope.

Senator Titus proposed the first amendment to clarify that the bill's definition of 'food' applies to reimbursable meals tied to federal school meal programs; that amendment was adopted by voice vote. Senator Sintra Francisco proposed an amendment to delay the certification/enforcement portion so that corrective action plans would not take effect until the 2028–29 school year; the committee agreed to place the delay language at the specified location in the bill and adopted the amendment by voice vote.

Senator Bowser moved an amendment to remove 'BHA' from the list of prohibited additives after testimony from industry groups including the Kansas Pork Association and Kansas Grain and Feed Association highlighting implementation costs for producers and processors. Committee members debated health evidence and implementation burdens; Senator Reichman said he was concerned about potential cancer risks and called for more study, while Senator Shane noted the FDA announced an assessment of BHA the morning of the hearing.

The committee also adopted a conceptual amendment from Senator Francisco to add the prefix 'FD&C' (Food, Drug, and Cosmetic) before listed color additives so entries would read 'FD&C Red 40' and similar designations.

After adopting multiple amendments, Senator Titus moved to pass SB 390 favorably as amended. The motion was seconded by Senator Francisco and carried by voice vote ('Aye' recorded). The committee closed its business and adjourned.