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Delaware Senate Republicans

Senator Buckson Introduces Legislation to Prohibit Red Dye 40 in Schools, Updates Senate Bill 41

March 13, 2025

DOVER, DE – Senator Eric Buckson (R-South Dover) has introduced new legislation aimed at protecting Delaware students from the potential health risks associated with Red Dye 40. Senate Bill 69 (SB 69) prohibits the sale or distribution of food and beverages containing Red Dye 40 during the school day in public and charter schools. This measure follows recent concerns over the impact of synthetic food dyes on children’s health, including potential links to hyperactivity and behavioral issues.

In addition, Senator Buckson has introduced Senate Substitute 2 for Senate Bill 41 (SS2 for SB 41), which refines his previous legislation by removing Red Dye 40 from the proposed prohibition while maintaining the ban on Red Dye 3 in food products sold in Delaware. The revision comes after discussions with stakeholders and policymakers to ensure a balanced and effective approach to addressing harmful food additives.

“While I remain committed to eliminating harmful additives from our food supply, I also recognize the importance of a focused and practical approach,” said Senator Buckson. “By refining SB 41 and introducing SB 69, we are taking meaningful steps to protect public health, particularly for our children, while ensuring a responsible transition for businesses and schools.”

Under SB 69, schools will be prohibited from serving or selling food and beverages containing Red Dye 40 during school hours. The legislation aims to reduce students’ exposure to synthetic food dyes and mitigate potential health risks. The legislation is set to be implemented by July 1, 2026, providing schools and education officials time to prepare for the transition.

“Scientific research has raised concerns about the effects of Red Dye 40 on children, and several states are now moving to address this issue,” Buckson added. “This bill ensures that Delaware is proactive in prioritizing student health while allowing for reasonable exemptions.”

SB 69 has been assigned to the Senate Education Committee and is expected to receive a committee hearing in the coming weeks.

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