(1) As used in this section: (a) "FD&C" means the Federal Food, Drug, and Cosmetics Act, 21 C.F.R. Part 74. (b) "Public school" means the same as that term is defined in Section 53G-9-205.1. (c) "School day" means the same as that terms is defined in Section 53G-6-201. (2) (a) Beginning in the 2026-2027 school year, a public school may not sell, donate, offer, or serve on school grounds during the school day, food that contains: (i) potassium bromate; (ii) propylparaben; (iii) FD&C Blue No. 1; (iv) FD&C Blue No. 2; (v) FD&C Green No. 3; (vi) FD&C Red No. 3; (vii) FD&C Red No. 40; (viii) FD&C Yellow No. 5; and (ix) FD&C Yellow No. 6. (b) Except as provided in Subsection (3), a person who sells, donates, offers, or serves a consumable item during the school day shall comply with the requirements under this section. (3) (a) Notwithstanding Subsection (2)(b): (i) a student's parent may provide students with a food item described in Subsection (2)(a) during the school day; (ii) a teacher may provide students with a food item described in Subsection (2)(a) if the teacher obtains permission from the students' parents at the start of each school semester; and (iii) a person may sell a food item described in Subsection (2)(a): (A) as a concession item at a school-sponsored event or extra-curricular activity; or (B) in a vending machine. (b) This section does not apply to a charter school or school district that has 5,500 students or fewer.
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