California Bill to Create Non-Ultraprocessed Certification Passes State Legislature

A California State Assembly bill, AB2244, which would establish a state-backed Non-Ultra-processed Certification for food products, has passed through the legislature and now sits on Gov. Gavin Newsom’s desk.

The bill establishes a voluntary certification process that would allow food manufacturers to have their products evaluated by independent certifiers to determine if those products are non-ultra-processed, at which point the product would be permitted to bear a “Non-Ultra-processed Certified” seal.

Existing California law, for school-related purposes, defines ultra-processed foods (UPFs) as foods or beverages that contain “a specified substance and either high amounts of saturated fat, sodium, or added sugar or a non-nutritive sweetener or other substance, as specified.” Additionally, the state’s Department of Health is currently tasked with defining ultra-processed foods of concern for general purposes, and that definition would also apply to the certification.

The current bill would require the California Department of Health, by June 1, 2029, to accredit certification agents for the new certification. Certified products would be given permission to bear a standardized seal.  

The bill was modeled after the USDA Organic program and is intended to help consumers with a simple, trustworthy way to identify non-ultra-processed foods at a quick glance, Assemblymember Jesse Gabriel, the bill’s author, said.

“This new seal will provide consumers with clear, trustworthy information and make it easier for them to locate healthier foods that are free from harmful additives,” Gabriel stated. “Parents shouldn’t need a PhD in chemistry to understand what they’re feeding their kids. California began this movement three years ago by banning the most dangerous food additives, and this week’s vote is the next big step toward protecting our kids from harmful ultra-processed foods.”

AB 2244 passed with the support of a bipartisan coalition and was endorsed by the Environmental Working Group, the California Medical Association, the American Academy of Pediatrics, the American Diabetes Association, the American Heart Association, the Crohn’s and Colitis Foundation, and the United Nurses Associations of California.

“Once again, California is leading the way by helping consumers identify and avoid UPFs,” said Melanie Benesh, vice president of government affairs at the Environmental Working Group. “Last year, California enacted the nation’s first definition of UPFs. This week, California has taken the next step by helping consumers distinguish between processed foods, which are part of a healthy diet, and ultra-processed foods, which are engineered to be overeaten. Our food should nourish us, not make us sick. EWG is so grateful that Assemblymember Gabriel is continuing to put our health first.”

“As a dietitian and nutrition researcher, it is clear to me that most people want to choose healthy foods for their kids,” said Alyssa J. Moran, deputy director of the Center for Food and Nutrition Policy at the University of Pennsylvania. “But nutrition information is not easy to interpret, and junk foods tend to dominate grocery store shelves. By clearly labeling foods non-ultra-processed and making them easy to find in stores, this bill sets people up for success.”

“We have a long road ahead to a food supply free from harmful chemicals and a healthier America,” said Todd Wagner, entrepreneur and co-founder of FoodFight USA. “In the meantime, we must give consumers the tools and knowledge to make healthier food choices. By creating a ‘Non-Ultra-processed Certified’ seal to help identify healthier, non-UPF options, Assemblymember Gabriel continues to advance California’s leadership in the fight to reduce consumption of the hyperpalatable, addictive ultra-processed foods driving our nation’s chronic disease crisis.”