California Passes Bill to Create State Seal for “Non-Ultraprocessed” Foods

On August 28, 2026, the California Legislature unanimously passed Assembly Bill 2244 (AB 2244) to establish a voluntary state certification program for non-ultraprocessed foods (non-UPF). Governor Gavin Newsom has until September 30, 2026, to sign or veto the measure. If enacted, AB 2244 would direct the California Department of Public Health (CDPH) to develop a standardized non-UPF seal that qualifying food manufacturers could voluntarily display on eligible products.

AB 2244 is the latest in a series of California legislative initiatives targeting “ultraprocessed foods.” The bill builds on the definitional framework established by AB 1264, the Real Food, Healthy Kids Act, which Governor Newsom signed in October 2025. That law established the first statutory definition of “ultraprocessed food” in the U.S. and set a timeline for phasing out such foods from California public school meals by 2035.

• Definition. AB 2244 relies on the definition of “ultraprocessed food” established by AB 1264. Under that definition, a food is considered “ultraprocessed” if it contains one or more ingredients that serve a “specific technical effect,” including surface-active agents; stabilizers and thickeners; propellants, aerating agents, and gases; colors and coloring adjuncts; emulsifiers and emulsifier salts; flavoring agents and adjuvants; flavor enhancers (excluding spices and natural seasonings or flavorings); and non-nutritive sweeteners. The definition also captures products containing certain enumerated substances—including D-sorbitol, erythritol, hydrogenated starch hydrolysates, isomalt, lactitol, monk fruit concentrate, maltitol, stevia glycosides, thaumatin, and xylitol—as well as products meeting specified nutrient thresholds: 10% or more of total energy from saturated fat; a milligrams-sodium-to-calorie ratio of 1:1 or greater; or 10% or more of total energy from added sugars.
• Voluntary Certification Program. AB 2244 directs CDPH to establish and administer a voluntary certification program for foods that do not qualify as “ultraprocessed” under the definition established by AB 1264. Manufacturers of qualifying foods may opt to display the standardized seal on product packaging. Private non-UPF certification programs, including the Non-UPF Verified certification program, are already available in the marketplace; however, AB 2244 would establish the first state-administered certification framework.
• Third-Party Certification Agents, Recertification, and Listings. AB 2244 also directs CDPH to accredit third-party certification agents by June 1, 2029, to evaluate manufacturer applications and verify compliance with certification standards. Certified products must undergo recertification at least every three years. Additionally, CDPH must maintain a public list of all certified products on its website.
• Retailer Display Requirements. AB 2244 requires grocery stores that sell more than 25 individual non-UPF-certified product types and generate more than $10 million in annual sales to make at least three non-UPF-certified products “identifiable” to consumers through physical separation, signage, or other visual cues.
• Public Health Food and Nutrition Education Fund. AB 2244 authorizes CDPH to establish reasonable fees for the accreditation and renewal of certification agents and for product certification. These fees would be deposited into the Public Health Food and Nutrition Education Fund to support program implementation and related public education efforts.

AB 2244 was passed at a moment of significant activity at the federal level around “ultraprocessed food” regulation. In July 2025, FDA and USDA issued a joint Request for Information (RFI) seeking public input on developing a uniform federal definition of ultraprocessed food. On August 3, 2026, FDA submitted a “Proposed Definition of Ultra-Processed Food” white paper to the Office of Information and Regulatory Affairs (OIRA) for interagency review. Agency leaders have characterized the proposed definition (whose details have not been released publicly) as being intended for future federal nutrition research, although the scope and timing of any future federal action remain uncertain. Any resulting federal definition may or may not align with California’s statutory definition.

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