Food and Food Products - As enacted, prohibits LEAs and public charter schools from selling, offering for sale, or providing to students on school property through a school nutrition program any food or beverage item tha, the official text

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Staie f f Jenn&ssee

                             PUBLIC CHAPTER NO. 619

                                                    SENATE BILL NO. 2423

                                                By Crowe, Jackson, Stevens

                                           Substituted for: House Bill No. 1853

By Reneau, Davis, Cepicky, Reedy, Hulsey, Fritts, Howell, Faison, Warner, Reeves, Hemmer, Lynn,
                 Brock Martin, Hill, Todd, Towns, Barrett, McCalmon, Terry, Bricken, Sparks

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to school nutrition.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 49-6-2308, is amended by deleting the
section and substituting instead the following:

                    (a) An LEA or public charter school shall not sell, offer for sale, or provide to students
          on school property through a school nutrition program any food or beverage item that
          contains one (1) or more of the following petroleum-based synthetic dyes:

                              (1) Allura Red AC, which is assigned Chemical Abstracts Service (CAS)
                    registry number 25956-17-6, and is also known as Red 40;

                              (2) Erythrosine 8, which is assigned CAS registry number 16423-68-0, and is
                    also known as Food Red 14 or Red 3;

                              (3) Tartrazine, which is assigned CAS registry number 1934-21-0, and is also
                    known as Food Yellow 4 or Yellow 5;

                              (4) Sunset Yellow FCF, which is assigned CAS registry number 2783-94-0,
                    and is also known as Food Yellow 3 or Yellow 6;

                              (5) Erioglaucine disodium salt, which is assigned CAS registry number 3844-
                    45-9, and is also known as Acid Blue 9 or Blue 1;

                              (6) Indigo carmine, which is assigned CAS registry number 860-22-0, and is
                    also known as Acid Blue 74 or Blue 2; or

                              (7) Fast Green FCF, which is assigned CAS registry number 2353-45-9, and
                    is also known as Food Green 3.

                    (b)(1) Except as provided in subdivision (b)(2), subsection (a) applies to all food or
                    beverage items sold, offered for sale, or provided to students on school property
                  • through a school nutrition program on or after August 1, 2027.

                              (2)(A) If an LEA or public charter school contracts with a third party for the
                              provision of food or beverage items for a school nutrition program, then
                              subsection (a) applies to all contracts entered into, renewed, or amended by
                              and between the LEA or public charter school and a third party for such
                              purpose on or after August 1, 2027.

                                        (8) This subsection (b) does not prohibit an LEA or public charter
                              school from selling, offering for sale, or providing to students on school
                              property through a school nutrition program any food or beverage item that
                              contains one (1) or more of the petroleum-based synthetic dyes identified in
SB 2423
                              subsection (a) if the food or beverage item was contracted for by the LEA or
                              public charter school before August 1, 2027.

          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 2423

PASSED:  March 9, 2026

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                                        RANDYN~.
                                   SPEAKER OF THE SENATE

                        CAMERON SEXTON, SPEAKER
                        HOUSE OF REPRESENTATIVES

APPROVED this ~ day of 'fV"Cl.vc.L  2026

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             BILL LEE, GOVERNOR