DE SB 69

enacted

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.

Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper

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Quick answers

Did DE SB 69 pass?

Yes. DE SB 69 has been enacted into law. Latest recorded action (2025-05-22): Signed by Governor

What is DE SB 69 about?

This Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.

Who sponsors DE SB 69?

Dave G. Lawson, David P. Sokola, Kerri Evelyn Harris and 14 others are the primary sponsors of DE SB 69, joined by 16 cosponsors.

Description

Introduced: 2025-03-11
Latest action: 2025-05-22 — Signed by Governor
Bill type: bill
Last updated: —

Committees

Not provided by source.

Action timeline

Newest first

2025-05-22
Signed by Governor
executive-signature
2025-05-13
Passed By House. Votes: 37 YES 4 ABSENT
passage
2025-05-07
Reported Out of Committee (Education) in House with 6 Favorable, 5 On Its Merits
committee-passage,committee-passage-favorable
2025-05-01
Assigned to Education Committee in House
introduction,referral-committee
2025-04-17
Passed By Senate. Votes: 19 YES 2 ABSENT
passage
2025-04-08
Reported Out of Committee (Education) in Senate with 1 Favorable, 4 On Its Merits
committee-passage,committee-passage-favorable
2025-03-11
Introduced and Assigned to Education Committee in Senate
introduction,referral-committee

Versions

Bill TextCompare

Documents

Votes

SM
2025-04-17 · pass · 19-0
Member-level votes (21)
- Darius J. Brown: other
- Eric Buckson: yes
- Daniel Cruce: yes
- Stephanie L. Hansen: yes
- Gerald W. Hocker: yes
- Kyra L. Hoffner: yes
- Russell Huxtable: yes
- Dave G. Lawson: other
- S. Elizabeth Lockman: yes
- Spiros Mantzavinos: yes
- Trey Paradee: yes
- Brian Pettyjohn: yes
- Marie Pinkney: yes
- Nicole Poore: yes
- Bryant L. Richardson: yes
- Ray Seigfried: yes
- David P. Sokola: yes
- Laura V. Sturgeon: yes
- Bryan Townsend: yes
- John "Jack" Walsh: yes
- David L. Wilson: yes
SM
2025-05-13 · pass · 37-0
Member-level votes (41)
- Stephanie T. Bolden: yes
- Frank Burns: other
- William Bush: yes
- William J. Carson: yes
- Nnamdi O. Chukwuocha: yes
- Richard G. Collins: yes
- Franklin D. Cooke: yes
- Daniel B. Short: yes
- Timothy D. Dukes: yes
- Mara Gorman: yes
- Ronald E. Gray: yes
- Krista Griffith: yes
- Kerri Evelyn Harris: yes
- Debra Heffernan: yes
- Kevin S Hensley: yes
- Jeff Hilovsky: yes
- Valerie Jones Giltner: yes
- Kendra Johnson: yes
- Kimberly Williams: yes
- Kamela T Smith: yes
- Larry Lambert: yes
- Sean M. Lynn: yes
- Michael F. Smith: yes
- Melissa Minor-Brown: yes
- Shannon Morris: yes
- Eric Morrison: yes
- DeShanna U Neal: other
- Josue O Ortega: yes
- Edward S. Osienski: yes
- Stell Parker Selby: other
- Sophie Phillips: yes
- Charles S Postles Jr.: yes
- Cyndie Romer: yes
- Melanie Ross Levin: yes
- Sherae'a Moore: yes
- Bryan W. Shupe: yes
- Claire Snyder-Hall: yes
- Jeffrey N. Spiegelman: yes
- Jesse R. Vanderwende: yes
- Madinah Wilson-Anton: other
- Lyndon D. Yearick: yes

Related bills

No related bills recorded for this bill.

Official source

https://legis.delaware.gov/BillDetail?LegislationId=141908

Attribution

Data from openstates_api_sync, retrieved 2026-10-23T02:18:27.958964Z

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