SB 320

 02-23 11:24  S.B. 320
1School-based Food Pantry Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                       Chief Sponsor: Emily Buss
                                               House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses foods available at a public school.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ exempts foods made available for distribution from a school-based food pantry (pantry),
10   including a teen center, from lawful presence verification requirements for receipt of a
11   food item from the pantry; and
12▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
1953G-9-205.2, as enacted by Laws of Utah 2025, Chapter 466
20   ENACTS:
2153G-7-228, Utah Code Annotated 1953
22
23   Be it enacted by the Legislature of the state of Utah:
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24Section 1. Section 53G-7-228 is enacted to read:
2553G-7-228 . After school food program.
26   (1) As used in this section:
27(a)(i) "School based food pantry" means a location within or near a public school that
28distributes food for students and families to consume outside of a school day.
29(ii) "School-based food pantry" includes a teen center located within a public school.
30(b) "Teen center" means a location within a public school that provides a student with
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31support services, including access to a food pantry.
32  (2) If an LEA participates as a distribution point for a school-based food pantry, the LEA
33      may not:
34      (a) deny a student who is younger than 18 years old or a parent of the student from
35receiving a school-based food pantry item; or
36      (b) if the student is 18 years old or older, require the student to provide evidence of
37lawful presence in the United States to receive a school-based food pantry item.
38  (3) Sections 53G-9-205.2, 63G-12-402, and 76-14-207 do not apply to a school-based food
39      pantry item, whether a school-based food pantry is administered by an LEA, a state
40      agency, a non-profit or for profit organization, or any other political subdivision of the
41      state that receives or administers state or federal funds to fulfill the purposes of a
42      school-based food pantry.
43Section 2. Section 53G-9-205.2 is amended to read:
4453G-9-205.2 . Definitions -- Prohibited food additives -- Exceptions.
45  (1) As used in this section:
46      (a) "FD&C" means the Federal Food, Drug, and Cosmetics Act, 21 C.F.R. Part 74.
47      (b) "Public school" means the same as that term is defined in Section 53G-9-205.1.
48      (c) "School day" means the same as that [terms] term is defined in Section 53G-6-201.
49  (2)(a) Beginning in the 2026-2027 school year, a public school may not sell, donate,
50      offer, or serve on school grounds during the school day, food that contains:
51(i) potassium bromate;
52(ii) propylparaben;
53(iii) FD&C Blue No. 1;
54(iv) FD&C Blue No. 2;
55(v) FD&C Green No. 3;
56(vi) FD&C Red No. 3;
57(vii) FD&C Red No. 40;
58(viii) FD&C Yellow No. 5; and
59(ix) FD&C Yellow No. 6.
60      (b) Except as provided in Subsection (3), a person who sells, donates, offers, or serves a
61consumable item during the school day shall comply with the requirements under this
62section.
63  (3)(a) Notwithstanding Subsection (2)(b):
64(i) a student's parent may provide students with a food item described in Subsection
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65(2)(a) during the school day;
66(ii) a teacher may provide students with a food item described in Subsection (2)(a) if
67the teacher obtains permission from the students' parents at the start of each school
68semester; and
69(iii) a person may sell a food item described in Subsection (2)(a):
70(A) as a concession item at a school-sponsored event or extra-curricular activity; or
71(B) in a vending machine.
72(b) This section does not apply to:
73(i) a charter school or school district that has 5,500 students or fewer[.] ; or
74(ii) an item distributed through a school-based food pantry, as that term is defined in
75Section 53G-7-228.
76Section 3. Effective Date.
77   This bill takes effect on May 6, 2026.
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