Indiana could join a growing number of states scrutinizing ultra-processed foods in schools under legislation heard Wednesday that would restrict certain additives in student meals and snacks.
House Bill 1137, authored by Rep. Julie McGuire, R-Indianapolis, would apply to any public school that participates in a federally funded or assisted meal program.
Beginning with the 2027-28 school year, those schools could no longer serve or sell foods or beverages containing certain additives during the school day, including in cafeterias and vending machines, nor allow third-party vendors to do so.
Some examples might include sugary cereals, chicken nuggets, chips and applesauce.
Schools would also be required to post their breakfast and lunch menus on their websites, along with ingredient lists for each item.
“This is a healthy school lunch bill,” McGuire told members of the House Education Committee. “What we serve kids at school isn’t just about lunch. It’s about their health, their ability to learn and the long-term future of our children.”
McGuire said she expects amendments to be finalized and considered next week, before the committee decides whether to advance the bill to the full House.
‘Low-hanging fruit’
McGuire framed the proposal as a response to what she called a growing childhood chronic disease crisis, pointing to rising rates of obesity, Type 2 diabetes and metabolic disease among children.
“Ultra-processed foods now make up a huge share of what kids eat every day, and for many students, school meals account for nearly half of their daily calories,” she said. “In fact, about 65% of food served through the school lunch program are considered ultra-processed.”
Rep. Julie McGuire, R-Indianapolis, watches votes in the House chamber on April 23, 2025. (Photo by Whitney Downard/Indiana Capital Chronicle)
The bill’s current draft defines “ultra-processed” foods as those containing one or more of 13 listed ingredients, including potassium bromate, propylparaben, titanium dioxide, several synthetic food dyes, and preservatives such as BHT and TBHQ.
Many of those additives, McGuire said, have been linked in research to cancer risks, endocrine disruption or effects on attention and brain development.
“These ingredients are inflammatory,” she said later in the hearing. “They are leading to chronic disease, and so this is kind of low-hanging fruit to try to get to start on it.”
McGuire told lawmakers she plans to amend the bill before a committee vote, however, to avoid putting a formal definition of “ultra-processed” food into state law. She said the change was prompted by concerns about conflicting standards if federal agencies later adopt a different definition from Indiana’s.
“We’re just going to keep a list of ingredients that are prohibited,” McGuire said, “so that way, we don’t have that conflict.”
Still, the bill includes several exceptions.
Schools could still sell foods containing the listed ingredients as part of fundraising events, as long as sales occur at least 30 minutes after the end of the school day. McGuire said the carveout is meant to preserve concession stands at athletic events. Parents would also remain free to send such foods with their children during the school day.
“We can’t control what a parent sends in with a school lunch,” McGuire said. “That becomes parental choice.”
Mixed support in public testimony
Supporters argued that the bill takes a “measured” approach and gives schools ample time to comply. Changes would not take effect until the 2027-28 school year, allowing districts to renegotiate food service contracts and work with vendors.
“This bill provides districts the necessary time to review their contracts, work with vendors and make changes without any disruption to school meal service for students and their families,” said Cindy Long, executive director of the Indiana Association of School Principals, which supports the bill.
Long said that posting menus and ingredients online would additionally help build parent trust.
The Indiana Small Rural Schools Association also testified in support, while urging lawmakers to consider policies that expand farm-to-school programs and local food sourcing.
Separately, Josh Trenary, with the Indiana Pork Producers Association, said his organization opposes the bill “in its current form.” He argued that focusing solely on a list of additives fails to account for why some processing occurs.
“There’s more to evaluating the value of a food product than just creating a static list of additives,” Trenary said.
He pointed specifically to BHT, which he said is used in some pork processing to prevent fats from turning rancid.
“If a food is nutrient dense and it’s being processed in some way to either improve safety, shelf life or nutrient availability, it shouldn’t be regulated according to this approach,” Trenary continued.
The Indiana State Poultry Association took a neutral position but echoed concerns about ensuring that high-protein foods such as eggs and turkey products are not inadvertently excluded from school menus.
McGuire maintained that alternatives to certain preservatives already exist and are being used by major retailers and restaurant chains.
“We’re asking for producers to choose different alternatives,” she said. “This is coming down the line.”
The bill also drew questions about whether Indiana is moving faster than the federal government, which is studying ultra-processed foods and food additives.
Rep. Sheila Klinker, D-Lafayette, asked whether the state should wait for more specific federal guidance.
McGuire said the delayed implementation date in her bills allows time to adjust if federal standards change.
“If, through the course of the year, something comes out about one of these particular ingredients at the federal level, we can still address that,” she said.
Officials from the Indiana Department of Health testified in support of the bill and said the agency is continuing its own review of food dyes, additives and ultra-processed foods.
“We are supportive of the transparency language and allowing parents to know what’s in their school lunches,” said Rachel Swartwood, the department’s chief of policy for health and family services. She said the measure aligns with Gov. Mike Braun’s “Make Indiana Healthy Again” initiative.
About 90% of Indiana public schools participated in the federally-funded National School Lunch Program in fiscal year 2025, according to a legislative fiscal analysis, but any financial impact on schools would depend largely on future contract terms negotiated with food service vendors.