The Delaware Senate has voted 19 to 2 to advance Senate Bill 69, a measure that would bar public schools and charter schools from serving or selling any breakfast, lunch or other competitive foods containing the synthetic color additive Red dye 40.
Under the proposal, which now moves to the House of Representatives, districts could not offer products with Red dye 40 anywhere on campus during the school day, including items sold à la carte or through vending machines. The Department of Education would be authorized to issue regulations guiding implementation.
Red dye 40, derived from petroleum, is used solely for coloring and offers no nutritional benefit. Health advocates have long warned that the additive may trigger hyperactivity, migraines and other neurobehavioral issues in some children. The European Union already requires a warning label on foods containing the dye, and California enacted the nation’s first statewide school ban last year. At least half a dozen other states are considering similar legislation.
If SB 69 becomes law, Delaware campuses will have until July 1, 2026, to phase out affected products, giving nutrition officials a full planning year to adjust menus and purchasing contracts. Supporters say the timeline strikes a balance between protecting student health and providing schools time to identify alternative snacks and beverages. Opponents argued the restriction is unnecessary, but the lopsided vote suggests the bill enjoys broad bipartisan support as it heads to the House.
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