Newsom in October. The measure defines UPF. It also requires the state to identify “UPF of concern” and “restricted school foods” and prohibits those foods in schools starting July 1, 2032. Though the original bill applied to all food and beverages, amendments to AB 1264 ensure the bill is limited to “food and beverages intended
Ag Council’s 2025 Influential Legislator Award presentation to Sen. Ashby. Chief gov’t and public affairs officer, Alicia Rockwell (first row, left) with Sen. Angelique Ashby (D-Sacramento) next to Rockwell pictured with Ag Council board members.
Though certainly not a perfect bill, Ag Council moved to a neutral position given the amendments the author added after extensive conversations, including the exclusions described above, the move to CDPH, and limiting AB 1264 to schools. Ag Funding Key to Reducing California’s Emissions Among the most successful programs that reduce greenhouse gas emissions in California are those operating in the food and agriculture sector, and the programs need Greenhouse Gas Reduction Fund (GGRF) funding to continue. In 2025, Ag Council and over 30 ag organizations united to request funding for specific programs via GGRF that substantially reduce emissions. Unfortunately, though billions are provided for other purposes this year, agriculture’s requests were not part of the final package. This includes programs in the top tier of all the California Climate Investment programs in terms of the significant amount of greenhouse gas emissions reduced for the dollars spent – providing the state with a strong return on investment. Most of the projects funded via the programs are also located in disadvantaged or low-income communities. In addition, the projects are advancing the latest technologies and serve as a model of innovation. Going forward, Ag Council and others are working to urge legislators and Governor Newsom to commit to funding these effective matching state grant programs,
for sale or to be served to school pupils on campus during the school day.” Ag Council was pleased with this narrowing of the bill to focus on UPF in schools. Ag Council staff worked extensively to pursue amendments to the bill, which incorporate exclusions to the definition of UPF, such as minimally processed food (comprises roasting and smoking, among other processes), Class 1 milk, and the removal of surface finishing agents (e.g., waxes used on fruit). We appreciate Governor Newsom for adding an amendment to AB 1264 to move regulatory authority from the Office of Environmental Health Hazard Assessment (OEHHA) to the California Department of Public Health (CDPH). Ag Council was among those who requested this change given OEHHA does not have expertise in food and nutrition. Under AB 1264, UPF is defined as a food or beverage containing high amounts of saturated fat, sodium or added sugar, and the food or beverage contains one of the substances listed in the bill (e.g., emulsifiers, thickeners, stabilizers, colors/coloring adjuncts, flavoring agents/enhancers, non-nutritive sweeteners, or surface- active agents, etc.). Salt, sodium chloride, natural spices and seasonings, as well as natural flavorings and colors — by themselves — do not categorize a food or beverage as UPF. Amendments were also included in AB 1264 to ensure that noncompliance with the bill does not create a private right of action, which would have made it easier to bring lawsuits.
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NOVEMBER–DECEMBER 2025
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