HB5507 104TH GENERAL ASSEMBLY

LRB104 17456 BDA 30882 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5507

Introduced 2/13/2026, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

New Act

Creates the Food Reform to Ensure Student Health Act. Requires each school district in the State to begin to eliminate ultraprocessed foods of concern and restricted school foods by July 1, 2029. Provides that, beginning July 1, 2032, a vendor may not offer to a school either an ultraprocessed food of concern or a restricted school food. Requires food vendors to report to the Department of Public Health certain information about ultraprocessed foods of concern and restricted school foods that they have sold to schools. Requires the Department, in consultation with the State Board of Education, to submit to the General Assembly and Governor annual summary reports of the data submitted to it by food vendors. Directs the Department to post these reports on its website. Requires the Department of Public Health to adopt rules establishing definitions of the terms "ultraprocessed foods of concern" and "restricted school foods" for purposes of these requirements. Requires the Department to review those rules and, if needed, update them every 5 years. Requires the Department to consult with the State Board of Education and to provide compliance training for school food service and procurement staff. Describes the topics to be covered by the Department in the training. Provides for the repeal of the Act on January 1, 2034. Amends the State Mandates Act to require implementation without reimbursement.

A BILL FOR

AN ACT concerning food.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Food Reform to Ensure Student Health Act.

Section 2. Purpose. The purpose of this Act is to facilitate and support the creation of health promoting eating environments in this State.

Section 2.5. Definitions. As used in this Act:

"Category of food" means the following groups of food:

(1) fruits;

(2) vegetables;

(3) grains;

(4) cereals;

(5) beans, peas, and lentils;

(6) nuts, seeds, and soy products;

(7) beverages;

(8) dairy;

(9) seafood;

(10) poultry;

(11) meat;

(12) eggs;

(13) condiments;

(14) fats and oils; and

(15) herbs and spices.

The Department, by rule, may expand, clarify, or subdivide the groups of food enumerated in this definition.

"Department" means the Department of Public Health.

"Food" means all food and beverages intended for sale or to be served to school pupils on campus during the school day.

"Food product" means a finished product of food or beverage with a unique universal product code, other than food products reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and foods provided by the United States Department of Agriculture Foods in Schools program.

"Health promoting eating environments" means, in places where foods and beverages are served or sold, there are healthy, good quality, culturally appropriate, and affordable options.

"Local educational agency" means a school district, regional office of education, or charter school.

"Public entity" means the State, a State agency, a unit of local government, or a school district.

"School" means an elementary or secondary school or any public entity that purchases a food product to provide to pupils on campus during the school day in an elementary or secondary school.

"School day" means that period of time during which the pupil is required to be in attendance for instructional purposes.

Section 3. Ultraprocessed food

(a)(1) As used in this Act, except as provided in subsection (b), "ultraprocessed food" or "UPF" means any food or beverage that contains a substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar, as described in subparagraph (A) of paragraph (3), or a nonnutritive sweetener or other substance described in subparagraph (B) of paragraph (3).

(2)(A) Except as specified in subparagraph (B), substances available in the United States Food and Drug Administration Substances Added to Food database that are designated as having any of the following FDA-defined technical effects:

(i) Surface-active agents, as defined in 21 CFR 170.3(o)(29).

(ii) Stabilizers and thickeners, as defined in 21 CFR 170.3(o)(28).

(iii) Propellants, aerating agents, and gases, as defined in 21 CFR 170.3(o)(25).

(iv) Colors and coloring adjuncts, as defined in 21 CFR 170.3(o)(4).

(v) Emulsifiers and emulsifier salts, as defined in 21 CFR 170.3(o)(8).

(vi) Flavoring agents and adjuvants, as defined in 21 CFR 170.3(o)(12), excluding spices and other natural seasonings and flavorings as listed in 21 CFR 182.10.

(vii) Flavor enhancers, as defined in 21 CFR 170.3(o)(11), excluding spices and other natural seasonings and flavorings as listed in 21 CFR 182.10.

(viii) Nonnutritive sweeteners, as defined in 21 CFR 170.3(o)(19).

(B) Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF:

(i) Salt or sodium chloride.

(ii) Spices or other natural seasonings or flavorings, as listed in 21 CFR 182.10.

(iii) Natural color additives, as listed in 21 CFR Part 73.

(3)(A) High amounts of saturated fat, sodium, or added sugar, as defined respectively as follows:

(i) The food or beverage contains 10% or greater of total energy from saturated fat.

(ii) The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1.

(iii) The food or beverage contains 10% or greater of total energy from added sugars.

(B) Nonnutritive sweeteners, as defined in 21 CFR 170.3(o)(19), or any of the following substances:

(i) D-sorbitol (CAS 50-70-4).

(ii) Erythritol (CAS 149-32-6).

(iii) Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2.

(iv) Sucralose (CAS 56038-13-2).

(v) Isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8.

(vi) Lactitol (CAS 585-86-4).

(vii) Luo Han Fruit Concentrate (CAS 977188-77-4).

(viii) Maltitol (CAS 585-88-6).

(ix) Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1.

(x) Thaumatin, including, but not limited to, CAS 977178-03-2 and CAS 53850-34-3.

(xi) Xylitol (CAS 87-99-0).

(b) "Ultraprocessed food" or "UPF" does not include any of the following:

(1) Commodity food specifically made available by the United States Department of Agriculture.

(2) A raw agricultural commodity.

(3) An unprocessed locally grown or locally raised agricultural product as defined in paragraph (2) of subsection (g) of 7 CFR 210.21.

(4) Minimally processed prepared food as defined by the Department by rule, which may include foods in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized.

(5) Class 1 milk as determined by Federal Milk Marketing Orders.

(6) Alcoholic beverages.

(7) Medical foods as defined in 21 CFR 101.9(j)(8), only if exempted by the Department by rule.

(8) Infant formula as defined in 21 CFR 107, only if exempted by the Department by rule.

Section 4. Rules.

(a) As used in this Act:

(1) "Restricted school foods" means a food or beverage product that is not listed in subsection (b) of Section 3, that contains one or more of the substances specified in paragraph (2) of subsection (a) of Section 3, and that is restricted from service or sale in schools, as defined by the rules adopted by the Department consistent with this Section.

(2) "Ultraprocessed food of concern" or "UPF of concern" means a food or food product that is an ultraprocessed food, as defined in Section 3, that is of concern, as determined by rules adopted by the Department consistent with this Section.

(b)(1) On or before June 1, 2028, the Department shall adopt rules to define ultraprocessed foods of concern and restricted school foods that consider all of the following factors:

(A) Whether the substance or group of substances are banned or restricted in other State, federal, or international jurisdictions due to concerns about adverse health consequences.

(B) Whether the products include or require a warning label in other State, federal, or international jurisdictions due to concerns about adverse health consequences.

(C) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, including, but not limited to, any of the following:

(i) cancer;

(ii) cardiovascular disease;

(iii) metabolic disease;

(iv) developmental or behavioral issues;

(v) reproductive harm;

(vi) obesity;

(vii) type 2 diabetes; and

(viii) other health harms associated with UPF consumption.

(D) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances may be hyperpalatable, or may contribute to food addiction.

(E) Whether the food has been modified to be high in saturated fat, added sugar, or salt.

(F) Whether the food meets the requirements of the United States Food and Drug Administration's final rule issued on December 27, 2024, titled "Food Labeling: Nutrient Content Claims; Definition of Term 'Healthy'" that defines nutrient contents that are deemed to be a part of a nutritious diet.

(G) Whether the substance is a common natural additive.

(2) For purposes of paragraph (1), the Department shall be guided by a rigorous examination of available reputable peer-reviewed scientific evidence and shall consider all of the following:

(A) The total number of jurisdictions where the substance or product is banned, restricted, or requires a warning label.

(B) The basis for any determination by another jurisdiction to ban, restrict, or require a warning label for any substance or product.

(C) The quality, caliber, and scope of any scientific evidence to any above determination, including a rigorous examination of whether the evidence is the product of scientific research conducted according to internationally recognized best practices for scientific research.

(D) Any reputable peer-reviewed scientific evidence that would call into question any determination that a substance is linked to health harms or adverse health consequences.

(c)(1) The Department shall review rules and, as needed, update the definitions of ultraprocessed food of concern and restricted school foods every 5 years to accommodate any relevant advances in scientific knowledge, the development of better agricultural or manufacturing practices, or other changes that require revision of either or both of the definitions. If an update to either or both of those definitions would add a food product to the list of restricted school foods or ultraprocessed foods of concern, the Department shall delay the operation of the revised definition by 3 years to give impacted entities time to comply with the new definition's impact on the legal requirements of this Act.

(2) The Department shall adopt and revise rules under this Section in consultation with appropriate State agencies and universities; school food authorities, school nutrition program directors, and school nutrition program managers, as defined in 7 CFR 210.2; after providing an opportunity for all interested parties to comment.

(3) The Department may seek information from academia, other states, the federal government, and other nations to inform implementation of this Section.

Section 5. Phasing out restricted school foods and ultraprocessed foods of concern.

(a) No later than July 1, 2029, a school shall begin to phase out restricted school foods and ultraprocessed foods of concern.

(b) Beginning July 1, 2032, a vendor shall not offer restricted school foods or ultraprocessed foods of concern to a school.

(c) The failure of a school, local educational agency, or vendor to comply with this Section does not create a private right of action.

Section 6. Vendors; report requirements

(a) On or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products to a school shall report the following information to the Department for each food product sold to a school in the past calendar year, to the extent it is known to the vendor:

(1) The total quantity of that food product sold to schools.

(2) The name of the food product.

(3) Whether the food product is an ultraprocessed food.

(4) Whether the food product is a restricted school food or an ultraprocessed food of concern.

(5) The category or categories of food to which the food product belongs.

(6) The average total calories in each food product sold to schools that year.

(7) The ingredient list of the food product.

(8) The nutritional facts of the food product.

(b) The requirements of subsection (a) do not apply to:

(1) A cottage food operation as defined in Section 4 of the Food Handling Regulation Enforcement Act.

(2) A home kitchen operation as defined in Section 3.6 of the Food Handling Regulation Enforcement Act.

(3) A small business as defined in Section 1-75 of the Illinois Administrative Procedure Act.

(c) The failure of a vendor to comply with this Section does not create a private right of action.

(d) This Section shall become inoperative on July 1, 2033. This Section is repealed on January 1, 2034.

Section 7. Annual report.

(a) On or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, the Department, in consultation with the State Board of Education and using information reported under Section 6, shall submit to the General Assembly a written report containing all of the following information:

(1) A summary and analysis of information reported under Section 5 for the prior year.

(2) A summary and analysis of the progress of the restricted school foods and ultraprocessed foods of concern phaseout required by this Act.

(3) Estimates of the amount of foods that are not ultraprocessed food items and are sold or served to pupils on campus during the school day in elementary or secondary schools.

(4) Estimates of the portion of the average elementary or secondary school food intake, in calories, that is composed of ultraprocessed foods.

(5) A strategy for reducing the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools.

(6) Analysis of the feasibility of reducing the sale or service of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools.

(7) Any actions the Department or the State Board of Education plans to take regarding restricted school foods and ultraprocessed foods of concern.

(8) Recommendations for State and local legislative actions that could reduce the consumption of restricted school foods and ultraprocessed foods of concern in schools.

(b) The Department shall annually submit the report prepared under subsection (a) to the Governor.

(c) The Department shall make the report prepared under subsection (a) publicly available on its internet website.

(d) This Section shall become inoperative on August 1, 2033. This Section is repealed on January 1, 2034.

Section 8. More stringent restrictions permitted. This Act does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern.

Section 9. Compliance training and technical assistance

(a) For purposes of this Act, the Department shall consult with the State Board of Education regarding compliance training and technical assistance for school food service and procurement staff.

(b) The Department shall establish a structure to deliver training and technical assistance to local educational agencies.

(c) The Department may contract with providers with expertise in nutrition, school-community collaboration of service delivery and financing, and coordination and integration of support services to deliver training and technical assistance to implement this Act.

(d) The topics for training shall be identified by the Department through a periodic survey of local educational agencies. The curriculum for the training provided under this Section may be developed in consultation with representatives from associations, consumer associations, and others, as deemed appropriate by the Department.