Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 8 D · 6 R cosponsors

SB 69 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FOODS AND BEVERAGES IN SCHOOLS.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 11, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on May 22, 2025.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 D · 6 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 37 YES 4 ABSENT

  3. Reported Out of Committee (Education) in House with 6 Favorable, 5 On Its Merits

  4. Assigned to Education Committee in House

  5. Passed By Senate. Votes: 19 YES 2 ABSENT

  6. Reported Out of Committee (Education) in Senate with 1 Favorable, 4 On Its Merits

  7. Introduced and Assigned to Education Committee in Senate

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 46 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (46)

46 members have not signed on to this bill.

Show all 46 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 23003
Republican 14000
Unaffiliated 0001
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Stell Parker Selby — Not Voting
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Not Voting
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Not Voting
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Not Voting
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 14001
Republican 5001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Not Voting
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does SB 69 do?
This Act prohibits a school district or charter school from selling or serving breakfast, lunch, or competitive food on campus during the school day that contains the color additive Red dye 40 (CAS no. 25956-17-6). Competitive foods are sold through the school nutrition programs, and include items sold in vending machines on campus or served a la carte. Red dye 40 (CAS no. 25956-17-6) is a synthetic food coloring derived from petroleum. It is found in food products such as cereal, beverages, gelatins, puddings, popsicles, chips, dairy products, and confections. Red dye 40 is used solely to enhance the appearance of food and does not provide any nutritional value. Consumption of Red dye 40 has been associated with hyperactivity, aggression, and other neurobehavioral problems in some children. Red dye 40 may also be linked with migraines and learning difficulties. The European Union requires a warning label to be placed on food products with Red dye 40, stating that it “may have an adverse effect on activity and attention in children”. California became the first state to pass a prohibition on the provision of and sale of foods in schools that contain Red dye 40. Presently, at least 6 other states have introduced legislation to prohibit Red dye 40 in schools. This Act is effective immediately and is to be implemented beginning July 1, 2026. The Department of Education and local education agencies will use the period leading up to the implementation date as a planning and preparation year.
Who sponsors SB 69?
SB 69 is sponsored by Stell Parker Selby, Dave G. Lawson (Republican), David P. Sokola (Democratic), Kerri Evelyn Harris (Democratic), William Bush (Democratic), Darius J. Brown (Democratic), David L. Wilson (Republican), Bryant L. Richardson (Republican), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), Josue O Ortega (Democratic), Claire Snyder-Hall (Democratic), Melanie Ross Levin, Bryan W. Shupe (Republican), Laura V. Sturgeon (Democratic), and Eric Buckson (Republican).
What is the current status of SB 69?
This bill has been enacted into law. Introduced March 11, 2025. Enacted.
Where can I track SB 69?
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