Bill Text: CA AB2244 | 2025-2026 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Non-Ultraprocessed Certified food standard.

Sponsorship: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2026-09-28 - Chaptered by Secretary of State - Chapter 721, Statutes of 2026. [AB2244 Detail]

Download: California-2025-AB2244-Amended.html

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Amended  IN  Assembly  March 24, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2244

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Introduced by Assembly Member Gabriel

February 19, 2026

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An act to amend Section 113265 of the Health and Safety Code, relating to food. add Article 5 (commencing with Section 110423.200) to Chapter 4 of Part 5 of, and to add Chapter 12.9 (commencing with Section 114379.80) to Part 7 of, Division 104 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

AB 2244, as amended, Gabriel. Wholesale food: frozen food. California Certified food standard.

Existing law, the Sherman Food, Drug, and Cosmetic Law (law), under the administration and enforcement of the State Department of Public Health, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. Existing law provides that a violation of the law is punishable as a misdemeanor or a fine, and authorizes the department to assess a civil penalty against a person who violates any provision of the law.

Existing law defines, for certain school-related purposes, “ultraprocessed food” as any food or beverage that contains a specified substance and either high amounts of saturated fat, sodium, or added sugar or a nonnutritive sweetener or other substance, as specified. Existing law requires the department to adopt regulations, on or before June 1, 2028, to define “ultraprocessed foods of concern” and “restricted school foods,” as specified, and requires the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences.

This bill would require the department, no later than June 1, 2028, to accredit certification agents that can certify products as “California Certified.” The bill would prohibit an accredited certification agent from certifying a product as “California Certified” if it is classified as an ultraprocessed food, ultraprocessed food of concern, or a restricted school food, as defined. The bill would require the department to create a specified standardized “California Certified” seal. The bill would authorize a person to use the seal on a product only if the product has been certified by an accredited certification agent. The bill would require an accredited certification agent to, among other things, register with the department and provide a list to the department of all the products certified by the accredited certification agent. The bill would require any registration information submitted by an accredited certification agent to the department to be made available to the public for inspection and copying.

This bill would require an accredited certification agent to immediately make specified records available to the department for inspection, as specified, and would authorize the department to audit the accredited certification agent’s certification procedures and records at any time. The bill would require any records of the accredited certification agent not otherwise required to be disclosed to be kept confidential by the department. The bill would require the department to maintain a public internet webpage that lists all of the products currently certified as “California Certified” as reported by the accredited certification agent.

This bill would make it unlawful for a person to certify products as “California Certified” unless duly registered as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed in registration as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed to an accredited certification agent, and for a person to use the California Certified seal on a product that does not meet the above-described provisions. The bill would authorize the department, among others, to enjoin a person who engages, has engaged, or proposes to engage in the misuse of the California Certified seal. The bill would provide that a violation of these provisions is not subject to the enforcement provisions of the Sherman Food, Drug, and Cosmetic Law.

Existing law, the California Retail Food Code (Code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local enforcement agencies to enforce these provisions. Existing law provides that a violation of the code is punishable as a misdemeanor or a fine. Existing law defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.

This bill would require a food facility with gross annual store sales of more than $10,000,000 to prominently display, as defined, at least 3 or more “California Certified” items if the food facility offers for sale more than 25 certified items. The bill would authorize the department, among others, to enjoin a food facility that fails to meet these requirements. The bill would provide that a violation of these provisions are not subject to the enforcement provisions of the California Retail Food Code.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the California Food Sanitation Act, requires a food processing establishment, as defined, to satisfy prescribed sanitation requirements for the purpose of food safety. Existing law, the Frozen Food Locker Plant Act of 1951, requires a person to obtain a license from the Secretary of Food and Agriculture to operate a frozen food locker plant. Existing law prohibits low acid foods that are frozen and packaged in hermetically sealed metal containers from being cooked in the containers before freezing.

This bill would make nonsubstantive changes to that prohibition.

Digest Key

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

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Bill Text

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

SECTION 1.

 Article 5 (commencing with Section 110423.200) is added to Chapter 4 of Part 5 of Division 104 of the Health and Safety Code, to read:

Article  5. California Certified

110423.200.

 It is the intent of the Legislature to provide consumers with reliable and easily accessible health-related information so that they can make informed choices when purchasing food and beverages.

110423.201.

 For purposes of this article, all of the following definitions apply:

(a) “Accredited certification agent” means an entity accredited by the department to certify products as “California Certified.”

(b) “California Certified” means a product that has been certified by an accredited certification agent.

(c) “Department” means the State Department of Public Health.

110423.202.

 (a) No later than June 1, 2028, the department shall accredit certification agents that can certify products as “California Certified” pursuant to this section.

(b) An accredited certification agent shall not certify a product as “California Certified” if it is classified as any of the following:

(1) An ultraprocessed food, as defined in Section 104661.

(2) An ultraprocessed food of concern, as defined in Section 104662.

(3) A restricted school food, as defined in Section 104662.

(c) A product shall be recertified as “California Certified” no less frequently than every three years.

(d) If a product using the “California Certified” seal is reformulated, an applicant for certification of a product shall submit an application to the accredited certification agent within 30 days for recertification of the reformulated product.

110423.203.

 (a) The department shall create a standardized seal that may incorporate both of the following:

(1) The phrase “California Certified Not Ultraprocessed Food Standard.”

(2) Images and themes associated with California and healthy, nutritious whole foods.

(b) A person may use the “California Certified” seal on a product only if the product has been certified by an accredited certification agent pursuant to this article.

(c) The seal may be placed on the principal display panel, the information panel, or elsewhere on the package, provided that the seal does not obscure other required information, such as the nutrition facts panel or the statement of identity.

110423.204.

 (a) An accredited certification agent shall do all of the following:

(1) Register with the department on a form provided by the department.

(2) Annually renew the registration, unless the certification agency is no longer engaged in certifying products pursuant to this article.

(3) Provide a list to the department of all the products certified by the accredited certification agent.

(b) Any registration information submitted by an accredited certification agent to the department shall be made available to the public for inspection and copying.

110423.205.

 (a) An accredited certification agent that certifies products sold as “California Certified” shall immediately make the following records available for inspection by, and shall, upon request within three business days of the request, or within a reasonable time exceeding three business days as determined by the department, provide a copy to, the department:

(1) Records obtained from applicants for certification of a product.

(2) Records created by the accredited certification agent regarding applications for certification of a product.

(b) The department may audit the accredited certification agent’s certification procedures and records at any time, but any records of the accredited certification agent not otherwise required to be disclosed shall be kept confidential by the department.

(c) The department shall maintain a public internet webpage that lists all of the products currently certified as “California Certified” as reported by the accredited certification agent.

110423.206.

 The department may adopt any regulations as are reasonably necessary to assist in the implementation of, or to make more specific the provisions of, this article.

110423.207.

 (a) It is unlawful for a person to certify products as “California Certified” unless duly registered as an accredited certification agent.

(b) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration as an accredited certification agent pursuant to this article.

(c) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed to an accredited certification agent.

(d) It is unlawful for a person to use the California Certified seal on a product that does not meet the provisions of this article.

(e) A person who engages, has engaged, or proposes to engage in the misuse of the California Certified seal may be enjoined in any court of competent jurisdiction by any of the following:

(1) The department.

(2) The Attorney General, district attorney, county counsel authorized by agreement with the district attorney, city attorney of a city having a population in excess of 750,000, city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California.

(3) A consumer, business entity, or non-profit organization.

110423.208.

 A violation of this article shall not be subject to Chapter 8 (commencing with Section 111825).

SEC. 2.

 Chapter 12.9 (commencing with Section 114379.80) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

CHAPTER  12.9. Preferred Placement

114379.80.

 (a) For purposes of this chapter, “prominently display” means to offer a product for sale on a display unit at the end of an aisle, a checkout aisle, store entrance, or at an equally prominent location.

(b) A food facility, as defined in paragraph (1) of subdivision (a) of Section 113789, with gross annual store sales of more than ten million dollars ($10,000,000) shall prominently display at least 3 or more items certified according to Article 5 (commencing with Section 110423.200) if the food facility offers for sale more than 25 certified items.

(c) The department may adopt any regulations as are reasonably necessary to assist in the implementation of the provisions of this section.

114379.81.

 A food facility described in Section 114379.80 that fails to meet the requirements of this chapter may be enjoined in any court of competent jurisdiction by any of the following:

(a) The department.

(b) The Attorney General, district attorney, county counsel authorized by agreement with the district attorney, city attorney of a city having a population in excess of 750,000, city attorney in a city and county, or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California

(c) A consumer, business entity, or nonprofit organization.

114379.82.

 A violation of this chapter shall not be subject to Section 114395.

SEC. 3.

 The Legislature finds and declares that Section 1 of this act, which adds Section 110423.205 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

To ensure protection for confidential and proprietary business information, including, but not limited to, trade secrets, any records of the accredited certification agent not otherwise required to be disclosed shall be kept confidential by the department.

SECTION 1.Section 113265 of the Health and Safety Code is amended to read:

113265.

A low acid food that is to be frozen and packaged in a hermetically sealed metal container shall not be cooked in the container before freezing.