AB 1264 Enacted to Decrease the Consumption of Ultraprocessed Foods in Schools

10.20.2025

On October 8, 2025, Governor Gavin Newsom signed Assembly Bill (“AB”) 1264 into law in attempt to reduce the consumption of ultraprocessed foods by the children of California. AB 1264 amends various sections of the Education Code and Health and Safety Codes in an effort to require school districts to provide healthier options, including agricultural and whole food products, in school meals.

AB 1264 requires, on or before June 1, 2028, the State Department of Public Health to adopt regulations defining “ultraprocessed foods of concern” and “restricted school foods” that consider, among other things, the following:

Whether substances are banned in other state, federal, or international jurisdictions due to concerns about adverse health consequences;
Whether the products require a warning label in other state, federal, or international jurisdictions due to concerns about adverse health consequences;
Whether, based on reputable peer-reviewed scientific evidence, a substance is linked to adverse health consequences including cancer, cardiovascular disease, metabolic disease, developmental or behavioral issues, reproductive harm, obesity, type 2 diabetes, or other health harms associated with ultraprocessed food consumption;
Whether a substance may contribute to food addiction or is a common natural additive; and
Whether the food has been modified to be high in saturated fat, added sugar, or salt.

No later than July 1, 2029, school districts shall begin phasing out “ultraprocessed foods of concern” and “restricted school foods,” as defined by the Health and Safety Code. Beginning July 1, 2032, AB 1264 would prohibit a vendor from “offering” ultraprocessed foods of concern and restricted school foods to a school.

Additionally, beginning July 1, 2035, AB 1264 excludes ultraprocessed foods of concern from the definitions of “nutritionally adequate breakfast” and “nutritionally adequate lunch,” as required to receive reimbursement pursuant to the federal National School Lunch Program.

For questions or additional information regarding this phase-out plan, please reach out to the authors of this Alert of your regular AALRR counsel.

Thank you to law clerk Samantha Fidel for her assistance in the preparation of this Alert.