Bill
HB 4369
Prohibits schools from providing foods containing BVO, potassium bromate, propylparaben, or certain synthetic dyes (Red 40, Green 3, Blue 1/2, Yellow 6) in school meals, effective
Status and key dates
- Filed: March 11, 2025 (house filing). Introduced in the House: April 22, 2025.
- Passed by the Michigan House: July 1, 2025 (Roll Call #170: Yeas 58, Nays 47).
- Referred to Senate Committee on Education: July 17, 2025.
- Would add section 7134 to Michigan’s Food Law (proposed MCL 289.7134).
Purpose
- To prohibit certain specified food additives and synthetic dyes from being provided, sold, offered for sale, or otherwise made available to K–12 students by schools (public and nonpublic) as part of school meal programs.
Prohibited substances (as in the version passed by the House, H‑4)
- Brominated vegetable oil (BVO)
- Potassium bromate
- Propylparaben
- Synthetic color additives: Red 40, Green 3, Blue 1, Blue 2, Yellow 6
Effective date
- The prohibition in the House‑passed version takes effect July 1, 2028.
Scope and who is affected
- Applies to “school” as defined in the Revised School Code (public and nonpublic schools).
- Covers foods that schools “provide, sell, offer for sale, or make available to a student,” i.e., foods served or offered through school meal programs (school breakfast/lunch and similar programs).
- Affects school districts, public school academies (PSAs), intermediate school districts (ISDs), school food service operators, and their food suppliers and distributors. Also affects food manufacturers whose products are used in school meal programs.
Notable changes across bill versions
- Earlier introduced versions (and some substitutes) varied on language and timing:
- Original introduced text included titanium dioxide and set an earlier effective date (July 1, 2026).
- Substitute H‑3 shifted the duty to “food establishment distributors” that provide food to schools and set an effective date of July 1, 2028.
- Substitute H‑4 (adopted and passed by the House) requires schools themselves not to provide foods containing the listed substances, effective July 1, 2028, and does not include titanium dioxide.
Background context
- BVO: FDA approval revoked July 2024; production of foods containing BVO prohibited after August 2, 2025.
- Potassium bromate: not FDA‑approved today but classified as a “prior‑sanctioned” substance.
- Propylparaben and the listed dyes are currently permitted in some foods but have been subjects of regulatory review and industry efforts to phase down certain synthetic dyes.
Fiscal impact
- State and local fiscal impacts are indeterminate.
- Michigan Department of Agriculture and Rural Development (MDARD) administers the Food Law; it is unclear whether enforcement/administering this prohibition would materially increase MDARD costs or staffing needs.
- Local school costs depend on whether schools currently use affected products and whether alternatives are available at comparable price.
Source citations
- Text and analyses prepared by the Michigan House Fiscal Agency and legislative documents for HB 4369 (H‑4 as passed House).
Compiled from official sources — confirm details with the bill’s official record.
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