CHICAGO, October 10, 2025 — California is embarking on a 10-year effort to reset the standards for what foods and beverages can be offered in school foodservices for children in grades 12 and below.
As part of the initiative, the state has hammered out a definition of “ultra-processed foods” and instructed its Department of Public Health to decide which of those items should be banned from K-12 foodservices. The Department is charged with basing those designations of “ultra-processed foods of concern” and “restricted school foods” on science.
The designations are due by June 1, 2028. School foodservices would then have until July 1, 2029, to begin the phase-out of those items.
As of July 1, 2032, vendors would be prohibited from offering those items for purchase by schools in the state.
Starting Feb. 1, 2028, suppliers will be required to provide state officials with a rundown of what they’re selling to California schools, flagging items that fit the “ultra-processed,” “ultra-processed foods of concern,” and “restricted school foods” definitions. The latter refers to products that feature components flagged in the law as being potentially detrimental to a youngster’s health, such as a high level of saturated fats or sugar.
The information would need to be updated every Feb. 1 thereafter.
The Public Health Department would then have until the following July to meet with representatives of the California Department of Education and draft recommendations for reducing consumption of the items. Those advisories would be provided to the state governor and legislature.
As of July 1, 2035, "ultra-processed foods of concern” and “restricted school foods” would be banned from the cafeterias of all public and chartered schools.
The newly enacted law, known as the Real Food, Healthy Kids Act, also sets restriction on so-called competitive foods, or the items that are sold outside of a school lunch program by the establishment or an affiliated group to raise money.
The specifics of those rules vary by grade, but all seem aimed at discouraging the sale of items that are high in calories, sugar, certain fats, and ultra-processed components.
Ultra-processed foods definition
The Real Food, Healthy Kids Act was signed into law this week by California Gov. Gavin Newsom as the food-away-from-home industry awaits with some anxiety a definition from the federal government of what constitutes “ultra-processed foods.”
It is not known if the definition set forth in the California bill will influence or serve as a model for the national standard.
The California definition is rich in detail. The legislation states that a food or beverage should be regarded as “ultra-processed” if it contains certain additives as well as a high amounts of either saturated fats, sodium or added sugars, with “high amounts” clearly defined.
The designation also applies if the item contains one of the specified additives and certain artificial sweeteners, the latter of which are also listed.
The ingredients that could bring an ultra-processed foods designation include...
- Stabilizers and thickeners
- Propellants, aerating agents, and gasses
- Flavoring agents and enhancers
- Artificial dyes or coloring agents.
In addition, an item would have to either contain a non-nutritive sweetener or fit one of these classifications to be categorized as ultra-processed:
- At least 10% of its calories come from saturated fat.
- It contains at least as many grams of sodium as the number of calories it provides.
- At least 10% of its calories come from added sugars.
The U.S. Department of Health & Human Services is still collecting public input on what should be included or excluded from a federal definition of ultra-processed foods. There is currently no nationwide standard, and California’s definition is believed to be the first one put forth at a state level.
California, the nation’s largest foodservice market, offers free lunches and breakfasts to any student attending one of the state’s 10,000-plus public schools. The state is also the host to about 3,000 private schools below the college level.
As Managing Editor for IFMA The Food Away from Home Association, Romeo is responsible for generating the group's news and feature content. He brings more than 40 years of experience in covering restaurants to the position.
Cover image courtesy: Closed Loop Project