Bill banning artificial food dyes from school lunches passes Senate vote

NASHVILLE — Legislation to ban some artificial food dyes from being sold in public schools passed a Senate vote Monday night. The bill, sponsored by state Sen. Rusty Crowe, R-Johnson City, succeeded in a 27-3 vote. It would ban seven of the most widely-used artificial dyes from being sold through schools' nutrition programs: Red 40, Red 3, Yellow 5, Yellow 6, Green 3, Blue 1 and Blue 2. The legislation would not apply to other food items sold on school grounds, such as through vending machines or bake sales. In April of last year, the USDA and FDA announced its intention to encourage companies to phase out petroleum-based synthetic dyes from their food products by the end of 2026. Crowe said his legislation aims to align state policies with the Trump administration's "Make America Healthy Again" initiative. "The FDA and HHS — the federal government — is really into trying to make our kids healthier," said Crowe while introducing his bill to the Senate Education Committee. "That's what this bill's all about." Most artificial dyes are synthesized from petroleum. Three of the most popular dyes — Red 40, Yellow 5 and Yellow 6 — make up about 90% of all food dye consumption in the United States. Studies have linked these dyes and others to cancer and negative behavioral effects in children. A study from the National Institute of Health concluded that "all of the currently used dyes should be removed from the food supply and replaced, if at all, by safer colorings." The FDA and USDA stated its intention to accelerate approval of safer dyes, such as phosphate and Galdieria extract blue "We have a childhood epidemic… of diabetes, obesity, depression, ADHD," said Crowe. "It's just common sense that we should work together to remove these chemicals." Last year, the General Assembly passed a bill to ban Red 40 from being sold through school lunch programs. Crowe's bill would expand that ban to an additional six dyes, which he said will help schools in the state prepare for what he expects to be a federal ban in 2027. The bill would apply only to new contracts entered into or renewed after July of 2027, which Crowe said would give schools and contractors time to make their ingredient lists compliant with the law. "This really gives our schools a little bit of lead time with their contracts and things like that, and takes the shock away from them having to do this [sic] when the times comes when the FDA and HHS say, 'Look, sorry, time's up,'" said Crowe. State Sen. Heidi Campbell, D-Nashville, said during floor debate that while she agrees with the crux of the bill, she believes the bill could cause affordability issues with schools forced to find new vendors in order to be compliant with the legislation. The legislation will need to pass through the House before heading to Gov. Bill Lee's desk. The house version of the bill, HB1853, has 14 co-sponsors, including local state Reps. Timothy Hill, R-Blountville, and Bud Hulsey, R-Kingsport.