AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.

Delaware school meals must exclude Red 40

Beginning July 1, 2026, Delaware school districts and charter schools cannot sell or serve covered foods containing Red dye 40. The ban covers breakfast, lunch, and other foods and drinks sold through school nutrition programs outside federally reimbursed meals. It applies on school-controlled campus areas open to students during the school day. That period runs from midnight before the official school day until 30 minutes after it ends. Red dye 40 is identified as CAS no. 25956-17-6. The law takes effect immediately, with schools and the Department of Education preparing before the July 2026 start. The Department can adopt rules to carry out the ban.