HB 1132 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for unhealthy ultra-processed food prohibited in competitive foods.

PRINTER'S NO.   1417

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1132
                                               Session of
                                                 2025

     INTRODUCED BY MIHALEK, SHUSTERMAN, ROWE, SCIALABBA, O'MARA,
        MAJOR, FLEMING, HOGAN, WARNER, KAIL, LABS, LEADBETER, GLEIM,
        BOROWSKI, BENHAM, METZGAR, SAPPEY, GIRAL, SANCHEZ, VENKAT,
        KULIK, NEILSON, KAUFFMAN, OTTEN, KOZAK, RIVERA, GREEN,
        KERWIN, WEBSTER, COOPER AND PUGH, APRIL 21, 2025

     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        APRIL 21, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in school health services, providing
 6      for unhealthy ultra-processed food prohibited in competitive
 7      foods.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 1422.4.    Unhealthy Ultra-Processed Food Prohibited in
14   Competitive Foods.--(a)    A public school may not sell or offer a
15   competitive food on school grounds during the school day if the
16   competitive food contains an unhealthy ultra-processed food.
17      (b)   As used in this section, the following words and phrases
18   shall have the meanings given to them in this subsection unless
 1   the context clearly indicates otherwise:
 2      "Competitive food" means a food offered or sold in
 3   competition with reimbursable meals served under the National
 4   School Lunch or School Breakfast Program.
 5      "School day" has the same meaning as provided in section
 6   1326.
 7      "Ultra-processed food" means a food that contains one or more
 8   of the following:
 9      (1)     A substance not available in the Food and Drug
10   Administration Substances Added to Food database, but having any
11   of the following:
12      (i)     Surface-active agents, as defined in 21 CFR 170.3(o)(29)
13   (relating to definitions) as of the effecitve date of this
14   section.
15      (ii)     Stabilizers and thickeners, as defined in 21 CFR
16   170.3(o)(28) as of the effective date of this section.
17      (iii)     Propellants, aerating agents and gases, as defined in
18   21 CFR 170.3(o)(25) as of the effective date of this section.
19      (iv)     Colors and coloring adjuncts, as defined in 21 CFR
20   170.3(o)(4) as of the effective date of this section.
21      (v)     Emulsifiers and emulsifier salts, as defined in 21 CFR
22   170.3(o)(8) as of the effective date of this section.
23      (vi)     Flavoring agents and adjuvants, as defined in 21 CFR
24   170.3(o)(12), excluding spices and other natural seasonings and
25   flavorings as listed in 21 CFR 182.10 (relating to spices and
26   other natural seasonings and flavorings) as of the effective
27   date of this section.
28      (vii)     Flavor enhancers, as defined in 21 CFR 170.3(o)(11) as
29   of the effective date of this section, excluding spices and
30   other natural seasonings and flavorings as listed in 21 CFR

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 1   182.10 as of the effective date of this section.
 2      (viii)   Surface-finishing agents, as defined in 21 CFR
 3   170.3(o)(30) as of the effective date of this section.
 4      (ix)   Non-nutritive sweeteners, as defined in 21 CFR 170.3(o)
 5   (19) as of the effective date of this section.
 6      (2)    A substance available in the Food and Drug
 7   Administration Substances Added to Food database that are
 8   designated as having any of the technical effects listed in
 9   paragraph (1), excluding spices and other natural seasonings and
10   flavorings, as listed in 21 CFR 182.10 as of the effective date
11   of this section.
12      "Unhealthy ultra-processed food" means an ultra-processed
13   food that does not comply with the requirements under 21 CFR
14   101.65(d) (relating to implied nutrient content claims and
15   related label statements), as of the effective date of this
16   section, for use of the term "healthy" as an implied nutrient
17   content claim on the label or in labeling of a food.
18      Section 2.   This act shall take effect July 1, 2027.




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