Governor Gavin Newsom is expected to sign the California School Food Safety Act into law, following the unanimous passage of the bill.  This legislation sponsored by Assembly-member Jesse Gabriel, (D-Encino) will ban inclusion of six designated dyes for inclusion in school meals served in California.

The Bill is essentially based on emotion and has little scientific justification.  The Food and Drug Administration has not banned the additives that are widely used in confectionary, candies and a wide range of foods.  The six synthetic dyes are available in Europe, although some countries require label disclosure if included in foods.

The precipitous action by the California legislature establishes a dangerous precedent since the process of risk assessment and chemical and biological assay to establish safety has been bypassed. The California law also creates a situation in which a federal agency that has ruled the additives innocuous is overruled by a state legislature. Ultimately, the law will add to cost and limit the sourcing on many ingredients for schools.

On September 25^th, the FDA organized a public meeting to explain the procedures used to assess chemical food additives and to receive public and industry comments.  The FDA appears to be committed to a transparent process “for identifying and prioritizing food chemicals currently in the market for safety review”. Traditionally the FDA has demonstrated a lack of leadership, indecision and inordinate delays in establishing safety or otherwise for additives. 

There is concern that states including California pass “feel good” laws that appeared a good idea at the time but have unintended consequences and wide ranging practical and cost implications.