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AB 2034: Food safety: unsafe additives and ingredient disclosures.

California · Assembly · 2025–2026 Regular Session · last verified June 8, 2026

What AB 2034 does, verified June 8, 2026

<p>The proposed legislation amends existing food safety regulations under California's health and safety code, focusing on additives and ingredient disclosures. It deems any food additive or dietary ingredient unsafe unless it meets specific conditions, including introduction between January 1, 1958, and January 1, 2027, and adherence to a published notice. Starting July 1, 2027, individuals intending to use such substances must submit detailed notices to the Department of Public Health for verification and public database publication.</p> <p>The bill also mandates that manufacturers provide a complete list of packaged food products sold in California by July 1, 2027, identifying ingredients not individually listed on labels. The Department will assess safety considering factors like bans or restrictions in other jurisdictions due to health concerns.</p>

Bill journey

1IntroducedCurrent

2In CommitteePending

3First Chamber FloorPending

4Second ChamberPending

5GovernorPending

6ChapteredPending

Last action: In committee: Held under submission. (2026-05-14)Alert me

Author and sponsors

Asm. Dawn AddisAuthor · California State Assembly

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Coauthors

Damon ConnollyGregg Hart

Recent actions12 total · showing 5

May. 14, 2026	In committee: Held under submission.
May. 14, 2026	Joint Rule 62(a), file notice suspended. (Page 5030.)
May. 13, 2026	In committee: Set, first hearing. Referred to APPR. suspense file.
Apr. 20, 2026	Re-referred to Com. on APPR.
Apr. 16, 2026	Read second time and amended.

Full action history, 7 earlier actionsConnect Plus

Latest bill textAmended version, April 16, 2026 · 3,471 words

Amended IN Assembly April 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2034

Introduced by Assembly Member Addis
(Coauthors: Assembly Members Connolly and Hart)

February 17, 2026

An act to amend Sections 109940, 110285, 110445 of, and to add Article 8.3 (commencing with Section 110961) and Article 8.4 (commencing with Section 110961.20) to Chapter 5 of Part 5 of Division 104 of, the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 2034, as amended, Addis. Food safety: unsafe additives and ingredient disclosures.

Existing law, the Sherman Food, Drug, and Cosmetic Law, under the administration and enforcement of the State Department of Public Health (department), provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. A violation of the Sherman Food, Drug, and Cosmetic Law is punishable as a misdemeanor.

Existing law makes it unlawful for any person to adulterate any food or to manufacture, sell, deliver, hold, or offer for sale any food that is adulterated. Existing law deems a food as adulterated if it is, bears, or contains any food additive that is unsafe, or if it bears or contains any color additive or added poisonous or deleterious substance that is unsafe. Existing law deems, among other things, any food additive, color additive, or an added poisonous or deleterious substance as unsafe for use with respect to any food unless there is in effect a regulation, as specified, that limits the quantity and the use, or intended use, of the substance.

This bill would deem ~~a color additive, food additive, or dietary ingredient as unsafe in food intended for humans if it is found to induce cancer, as specified. This bill would deem~~ a food additive or dietary ingredient as unsafe in food intended for humans with respect to its intended use unless the substance and its intended use meet a specified condition, including, among others, that the substance and its intended use were introduced after January 1, 1958, but before January 1, 2027, and are used in accordance with ~~the below-described notice, public listing, and licensing requirements.~~ a published notice, as described below. Commencing July 1, 2027, if an individual intends to use a food additive or dietary ingredient in food intended for humans pursuant to these provisions, the bill would require the individual to submit a notice to the department that includes the same information required for a specified federal notice. The bill would require the department to verify the information and, if the information is complete, publish the notice in a public database, as specified. The bill would ~~require the department to issue or decline to issue a license for those food additives, as specified, and would require~~ authorize the department, when assessing the safety of a food additive, to consider various factors, including, among others, whether the substance is banned or restricted in other jurisdictions due to concerns about adverse health consequences. ~~The bill would authorize the department to create and update user fees for notices, assessments, and reassessments.~~

The bill would require, on or before July 1, 2027, the manufacturer of any packaged food product that is sold in this state to provide the department with a complete and accurate list of its food products that, as of the date of submission, are sold in the state and that do not individually list each of the product’s ingredients in the ingredient ~~list.~~ list on the product’s label. For every product submitted, the bill would require the manufacturer to identify each ingredient not individually named in the ingredient ~~list,~~ list on the product’s label, as specified.

By creating new crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) There is a growing public concern regarding the impact of harmful ultraprocessed foods (UPFs) on health and safety.

(b) Food additives, color additives, and flavors are often used in UPFs without federal Food and Drug Administration (FDA) knowledge or agency review to ensure safety.

(c) Regulators, public health officials, and researchers have little knowledge of how these chemicals impact public health and safety due to the lack of public disclosure of safety data and various industry safety assessments and the lack of effective federal premarket and postmarket safety evaluations.

(d) Governor Newsom’s executive order on UPFs (Executive Order No. N-1-25) called for action against risks of UPFs and ingredients, including substances that are “generally recognized as safe.”

(e) Congress intended new chemicals to undergo premarket review with the passage of the Food Additive Amendment of 1958, but food companies circumvent such review through the “generally recognized as safe” loophole.

SEC. 2.

Section 109940 of the Health and Safety Code is amended to read:

109940.

Notwithstanding Section 110085, “food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance becoming a component of the food or otherwise affecting characteristics of the food. This includes any substance or radiation source intended for use in producing, manufacturing, packing, treating, packaging, transporting, or holding any food.

The term “food additive” does not include any of the following:

(a) A pesticide chemical in or on a raw agricultural commodity.

(b) A pesticide chemical that is used, or intended for use, in the production, storage, or transportation of any raw agricultural commodity.

(d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 (72 Stat. 1784), pursuant to the federal act; the Poultry Products Inspection Act (71 Stat. 441; 21 U.S.C. Sec. 451 et seq.); the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Sec. 71 et seq.); or the Food and Agricultural Code of this state.

SEC. 3.

Section 110285 of the Health and Safety Code is amended to read:

110285.

When the department has ~~adopted a license pursuant to Section 110961.4 or~~ published a notice pursuant to Section 110961.1 or adopted a regulation prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or deleterious substance, food additive, pesticide chemical, or color additive in processed foods, the department may require manufacturers to guarantee that foods they market in the state comply with the tolerance. The department may require a guarantee periodically but not more often than once each calendar quarter.

SEC. 4.

Section 110445 of the Health and Safety Code is amended to read:

110445.

Any added poisonous or deleterious substance, or any food additive, pesticide chemical, preservative, or color additive, shall be considered unsafe for use with respect to any food unless ~~there is in effect either of the following:~~ either of the following apply:

(a) A There is in effect a regulation adopted pursuant to Section 110080, 110085, or 110090, that limits the quantity and the use, or intended use, of the substance to the terms prescribed by the regulation.

~~(b)A license pursuant to Section 110961.4 that limits the quantity and the use, or intended use, of the substance to the terms prescribed by the notice or letter.~~
(b) The substance is compliant with the requirements of Section 110961.1.

SEC. 5.

Article 8.3 (commencing with Section 110961) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:

Article 8.3. Foods Additives

110961.
Notwithstanding Section 110085, a color additive, food additive, or dietary ingredient shall be considered unsafe in food intended for humans if it is found to induce cancer when ingested by a human or animal, or if it is found, after tests that are appropriate for the evaluation of the safety of food substance, to induce cancer in a human or animal.
110961.1.

110961.

Notwithstanding Section 110085, a food additive or dietary ingredient shall be considered unsafe under Section ~~110455~~ 110445 in food intended for humans with respect to its intended use unless the substance and its intended use meet any of the following conditions:

(a) Were widely used in the United States prior to January 1, 1958, without known detrimental effects, which is subject only to conventional processing and intended uses as practiced prior to January 1, 1958, and for which no known safety hazard exists.

(b) Were introduced after January 1, 1958, ~~and is~~ but before January 1, 2027, and are used in accordance with ~~the notice, public listing, and licensing requirements of Sections 110961.2 and 110961.4.~~ a notice published pursuant to Section 110961.1.

(c) Are subject to a regulation pursuant to Section 110070 or 110075 prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or deleterious substance or food additive.

(d) Are subject to a Generally Recognized as Safe (GRAS) notice submitted to the United States Food and Drug Administration (FDA) and a current letter by the FDA stating that the FDA has no questions regarding the conclusion that the substance is generally recognized as safe under its intended conditions of use.

(e) Are recognized in federal regulations as ~~prior sanctioned~~ an approved food additive, prior sanctioned, or GRAS for use in human food or food contact materials.

(f) Are a food contact substance or use subject to an effective premarket notification demonstrating safety for its intended use.

(g) Are subject to a new dietary ingredient notification and ~~received~~ a current letter of acknowledgment from the FDA without objection that the substance is safe under its ~~notification’s~~ intended conditions of use.

~~110961.2.~~

110961.1.

(a) On or before July 1, 2027, the department shall publish on its internet website a database for notices submitted pursuant to this section.

(b) (1) Commencing July 1, 2027, if an individual intends to use a food additive or dietary ingredient in food intended for humans pursuant to subdivision (b) of Section ~~110961.1,~~ 110961, the individual shall submit a notice to the department that includes the information described in Sections 170.225 to 170.255, inclusive, of Title 21 of the Code of Federal Regulations.

(2) Within 60 days of receiving a notice describing an intended use of a substance in foods, the department shall verify that the notice contains the information described in Sections 170.225 to 170.255, inclusive, of Title 21 of the Code of Federal Regulations, and do either of the following:

(A) Publish that notice in the public database described in subdivision (a).

(B) Issue a rejection letter detailing missing information needed to complete the notice.

(c) Prior to publishing any information in the database, the department shall redact information that has been designated by the submitter of that information as a trade secret, provided that data needed to establish safety shall not be redacted.

(d) The department shall ensure the database meets all of the following conditions:

(1) Searchable by members of the public.

(2) Members of the public are able to download and print notices, including all submitted safety information and departmental responses.

(3) Includes any ~~licenses, safety information,~~ safety information and supporting information related to each notice.

(4) Accommodates reasonably anticipated and actual public use.

~~110961.3.~~

110961.2.

(a) On or before July 1, 2028, the department shall provide an interim progress report to the Legislature, Governor, and on its internet website concerning efforts to develop and implement the database system required by Section ~~110961.2~~ 110961.1 that includes all of the following:

(1) A projected completion date.

(2) A description of obstacles to development and implementation of the database system.

(3) An estimate of the costs to complete the implementation of the database system.

(b) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

110961.4.
~~This section applies to food additives described in subdivision (b) of Section 110961.1.~~
~~(a)For food additives and uses introduced before July 1, 2027, the department shall issue a license following publishing of notice pursuant to Section 110961.2.~~
~~(b)For food additives and uses introduced on or after July 1, 2027, the department shall do all of the following:~~
~~(1)Allow 45 days for any filing of an objection by any member of the public presenting reasonable questions of safety for the conditions of use described in the notice.~~
~~(2)Within 15 days from the close of the objection period described in paragraph (1), determine whether to issue a license for the conditions of use described in the notice.~~
~~(3)Review the notice and issue a license only if the department finds that no reasonable safety questions or concerns have been raised regarding the conditions of intended use of the substance.~~
(c)If the department determines not to issue a license, the department shall publish a letter summarizing the reasonable safety questions or concerns with the conditions of intended use of the substance.
(d)When considering whether to issue a license under this section, the department may consider and use evidence not contained in the submitted notice and shall consult with the Office of Environmental Health Hazard Assessment and Department of Toxic Substances Control.
~~(e)Licenses under this section are transferrable, provided that any party intending to use the license other than the original submitter notifies the department prior to engaging in use.~~
~~(f)This section does not limit the department in issuing regulations pursuant to Section 110070 or 110075 or otherwise limit its authority to regulate the use of a food additive.~~
110961.5.
~~(a)~~

110961.3.

When assessing the safety of a food ~~additive for the purposes of this article or Section 110070 or 110075, or when determining which chemical should be assessed for the purposes of Section 110961.7, the department shall~~ additive, the department may consider, but is not limited to, all of the following:

~~(1)~~

(a) The factors listed in subdivision (b) of Section 104662.

~~(2)~~

(b) Whether the food additive is subject to a Proposition 65 warning.

~~(3)~~

(c) Estimates of dietary exposure among California and the United States population.

~~(4)~~

(d) The cumulative effects of the substance and chemically and pharmacologically related substances.

~~(5)~~

(e) Hazard, dose response, and exposure.

~~(6)~~

(f) The application of adequately protective safety factors to ensure an appropriate margin of safety to take into account uncertainties in hazard identification, dose response, exposure, and sensitivities.

~~(7)~~

(g) Whether the weight of the evidence shows that the substance has not been found to be carcinogenic.

~~(8)~~

(h) Whether the weight of the evidence shows that the substance has not been found to induce reproductive toxicity or developmental toxicity in humans or animals, including through an endocrine mode of action.

~~(9)~~
(i)
Other information as the department may specify in regulation.

(b)If the department determines, with respect to a substance described in subdivision (b) of Section 110961.1, based on information received under subdivision (b) of Section 110961.7 and publicly available information, that a concern about the safety of the substance, or the intended use of the substance, exists, the department may revoke a license previously issued by the department. If the department revokes a license, the department shall post the revocation in the database described in Section 110961.2.

110961.6.
~~The department may create and update user fees for notices, assessments, and reassessments.~~
110961.7.
(a)On or before July 1, 2030, and at least every three years thereafter, the department shall systematically reassess the safety, including the safety of conditions of use, of at least 10 of the following substances, or classes thereof:
~~(1)Food additives.~~
~~(2)Color additives.~~
~~(3)Prior-sanctioned substances.~~
~~(4)Dietary ingredients.~~
(b)When determining which substances should be reassessed and in conducting the reassessments under this section, the department may require any person that manufactures, introduces, delivers for introduction, or receives a food substance described in subdivision (a) in the state to conduct, and submit to the department, safety evaluations of the substance. The safety evaluation shall include, with respect to the substance, updated information described in Section 110961.5.
110961.8.

110961.4.

(a) Small businesses are exempt from this article.

(b) For purposes of this section, “small business” means a business that is independently owned and operated, and employs 100 or fewer persons.

~~110961.9.~~

110961.5.

(a) Notwithstanding ~~Sections 110961 and 110961.1,~~ Section 110961, a food facility, as defined in Section 113789, food service establishment, food relief organization, supermarket, grocery store, specialty food store, a farmers’ market, or any other vendor that, in the regular course of business, sells food at retail directly to the public on premises located in the state shall be permitted to sell, deliver, distribute, hold, offer or expose for sale any food or food product acquired for sale in the state before July 1, 2027, and for which the sale would otherwise be prohibited by this article, until the expiration date, “best by” date, or “sell by” date printed on the packaging of the food or food product by the manufacturer or producer, but no later than July 1, 2030.

(b) This section affects only the applicability of this article.

SEC. 6.

Article 8.4 (commencing with Section 110961.20) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:

Article 8.4. Ingredient Disclosures

110961.20.

On or before July 1, 2027, the manufacturer of any packaged food product subject to regulation by the federal Food and Drug Administration that is sold in this state shall, on a schedule and in electronic or other format, as determined by the department, provide the department with a complete and accurate list of its food products that, as of the date of submission, are sold in the state and that do not individually list each of the product’s ingredients in the ingredient ~~list.~~ list on the product’s label.

110961.21.

(a) For every product submitted pursuant to Section 110961.20, the manufacturer shall identify each ingredient not individually named in the ingredient list on the product’s label by all of the following:

(1) Its common or usual name.

(2) Other relevant identifiers, including Chemical Abstracts Service number, Flavor and Extract Manufacturers Association of the United States number, or ~~license number under Section 110961.4.~~ notice published pursuant to Section 110961.1.

(b) For every ingredient identified pursuant to subdivision (a), the manufacturer shall specify whether it is a natural flavor, artificial flavor, artificial color, or spice as those terms are defined in Section 101.22 of Title 21 of the Code of Federal Regulations.

(c) This section does not require a manufacturer to disclose the weight or amount of an ingredient that requires disclosure pursuant to subdivision (a) or to disclose the manner in which the ingredient or product is formulated.

110961.22.

(a) The manufacturer of a product subject to Section 110961.20 shall submit to the department information reflecting changes made to its ingredients if any of the following occur:

(1) Ingredients identified pursuant to Section 110961.21 are added, modified, or removed from the product.

(2) Product labeling is modified to individually list each ingredient.

(b) Upon receipt of new information, the department, after verifying the accuracy of that information, shall revise the manufacturer’s information on record with the department to reflect the new information.

110961.23.

This article does not apply to any manufacturer, distributor, or retailer of food products with annual aggregate sales of food products, both within and outside of California, of less than one million dollars ($1,000,000), based on the party’s most recent tax year filing.

110961.24.

On or before July 1, 2027, the department shall develop and make operational a consumer-friendly, public internet website that creates a database of the information collected pursuant to this article. The database shall be searchable to accommodate a wide range of users, including users with limited technical and scientific literacy. The internet website shall be designed to be easily navigable and to enable users to compare and contrast products and reportable ingredients. The internet website shall include hypertext links to other educational and informational internet websites to enhance consumer understanding.

110961.25.

This article does not require any changes to the packaging or labeling of products with regards to state or federal requirements.

SEC. 7.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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