California is poised to establish the nation's first state-administered certification program for foods marketed as "non-ultraprocessed." Assembly Bill 2244 would direct the California Department of Public Health (CDPH) to create a standardized "Non-Ultraprocessed Certified" seal and accredit third-party certification agents to determine which products qualify to use it. The bill passed both houses of the California legislature without a recorded "no" vote and was presented to Governor Gavin Newsom on September 8, 2026. Under the California Constitution, the bill will become law if the governor does not veto it by September 30. Participation would be voluntary for food manufacturers, but companies choosing to participate would have to satisfy detailed eligibility, certification, information submission, and recertification requirements.
Under AB 2244, CDPH would create a standardized seal that could be displayed on the packaging of products. Only a food product certified by a CDPH-accredited certification agent could bear the seal, and the bill would require CDPH to accredit certification agents no later than June 1, 2029. A certification agent could not certify a product if it:
- meets the additive criteria used in California's statutory definition of an "ultraprocessed food," including certain surface-active agents, stabilizers and thickeners, colors, emulsifiers, flavoring agents and enhancers, and nonnutritive sweeteners, subject to specified exceptions
- is classified as an "ultraprocessed food of concern" or
- is classified as a "restricted school food"
Notably, AB 2244's certification provision cross-references only the Real Food, Healthy Kids Act's additive criteria, rather than the Act's complete statutory definition of an "ultraprocessed food." This means that some foods that would not be considered "ultraprocessed foods" under the Real Food, Healthy Kids Act may nevertheless be ineligible for the "Non-Ultraprocessed Certified" seal.
Food companies therefore should not assume that a product is eligible for certification merely because it falls outside California's complete definition of an ultraprocessed food. Eligibility will depend on the product's ingredients, the statutory carveouts, and CDPH's eventual implementation of the certification program.
Certified products would have to be recertified at least once every three years, and a reformulated product would have to be recertified before the manufacturer could continue using the seal. The bill also includes private and public enforcement provisions for misuse of the certification seal and display obligations for certain larger grocery stores. Venable's Food and Drug law team is preparing a detailed analysis of the bill. If you would like to receive a copy of the team's analysis, please contact the authors of this publication or another member of Venable's Food and Drug team.