Senator Buckson Introduces Legislation to Prohibit Red Dye 40 in Schools, Updates Senate Bill 41


Concerns about potential health effects from Red Dye 40, including links to hyperactivity and behavioral issues in children has led to the introduction of Senate Bill 69. Senator Eric Buckson of South Dover introduced the bill to prohibit the sale or distribution of food and drinks containing Red Dye 40 in Delaware public and charter schools during school hours. Buckson also introduced a revised version of Senate Bill 41 (SS2 for SB 41) which removes Red Dye 40 from its original ban but maintains restrictions on Red Dye 3. The changes were made after discussions with stakeholders to balance health concerns with practical implementation. SB 69 is set to take effect by July 1st, 2026, providing schools and education officials time to prepare for the transition. SB 69 has been assigned to the Senate Education Committee and is expected to receive a committee hearing in the coming weeks.