Hunton Retail Law Resource

On September 28, 2026, California Governor Gavin Newsom signed Assembly Bill 2244, the California Certified Food Standard Act, into law, establishing the nation’s first government-backed “Non-Ultra processed Certified” label.  Under the new law, food manufacturers may voluntarily use the state certification mark on qualifying products that meet California’s definition of non-ultra processed foods.  Public concern regarding ultra processed foods has grown in recent years, and state and federal lawmakers have increasingly sought ways to address those concerns. 

The California Department of Public Health (CDPH) is charged with developing the certification framework and accrediting certification agents.  Among other responsibilities, CDPH must develop a definition of “ultra processed foods,” with the certification program expected to become operational by 2029.  The law also imposes requirements on retailers with more than $10 million in annual gross sales that offer more than 25 certified products.  Those retailers must make at least three certified products readily identifiable to consumers through prominent placement or other visual cues. 

The law has prompted both support and criticism.  Supporters contend that the certification label will help consumers more easily identify healthier food options.  Industry groups, however, argue that differing government definitions of ultra processed foods are likely to create confusion for both consumers and retailers.  That concern may become more pronounced given that, in August, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration submitted a joint white paper on a proposed federal definition of ultra processed foods to the White House Office of Management and Budget.  Divergent state and federal definitions and requirements could complicate compliance efforts for manufacturers and retailers alike. 

Although the compliance deadlines remain several years away, retailers that begin preparing now will be better positioned once the California law takes effect.  Practical first steps include monitoring CDPH rulemaking, identifying potentially covered stores, engaging with key suppliers regarding certification plans, and reviewing marketing and in-store signage practices.  Our team will continue to monitor this law and related developments closely.