Legislator introduces bill to ban Red Dye 40 in Delaware schools

Senator Eric Buckson (R-South Dover) has introduced new legislation aimed at reducing potential health risks to Delaware students by prohibiting the sale or distribution of food and beverages containing Red Dye 40 in public and charter schools.

Senate Bill 69 seeks to protect children from potential adverse health effects associated with synthetic food dyes, including concerns over hyperactivity and behavioral issues.

The proposed legislation comes as part of a growing national concern over the impact of artificial food additives, particularly Red Dye 40, which has been linked to health problems in some studies.

If passed, SB 69 would prevent schools from serving or selling food and beverages containing the dye during school hours.

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The bill is set to take effect by July 1, 2026, giving schools time to adjust and make necessary changes.

In addition to SB 69, Senator Buckson has also introduced Senate Substitute 2 for Senate Bill 41 (SS2 for SB 41), a revised version of an earlier proposal.

The new version removes Red Dye 40 from the list of prohibited additives while continuing to ban Red Dye 3 in food products sold in the state. This revision follows consultations with stakeholders and policymakers to ensure a balanced and effective approach to tackling harmful food additives.

“I remain committed to eliminating harmful additives from our food supply, but it’s essential we take a practical approach,” Buckson said. “By refining SB 41 and introducing SB 69, we are moving forward with a strategy that protects public health while considering the needs of businesses and schools.”

The legislation has already been assigned to the Senate Education Committee and is expected to receive a hearing soon.

If successful, it would make Delaware one of the first states to proactively address the use of Red Dye 40 in schools, joining several other states that have already taken similar steps.

“Scientific research has raised concerns about the effects of Red Dye 40 on children,” Buckson said. “This bill ensures Delaware is prioritizing student health while providing room for reasonable exemptions as necessary.”

The debate over food additives like Red Dye 40 is expected to continue as SB 69 moves through the legislative process.

The outcome could have wide-reaching implications for both school policies and food manufacturers across the state.