California Creates a 'Non-Ultraprocessed Certified' Food Seal

On September 28, 2026, California Governor Gavin Newsom signed Assembly Bill 2244 into law, creating the nation's first official voluntary "Non-Ultraprocessed Certified" food standard. Administered by the California Department of Public Health (CDPH), the measure sets up state-accredited certification agents, bars products containing specified additives from carrying the seal, and requires large grocery supermarkets stocking certified items to make them easy for consumers to find.

Key takeaways:

• Governor Gavin Newsom signed AB 2244 on September 28, 2026, establishing the nation's first official voluntary 'Non-Ultraprocessed Certified' seal.
• The California Department of Public Health (CDPH) must accredit certification agents by June 1, 2029, and will maintain a public registry of compliant products.
• Items containing specified additives, ultraprocessed foods of concern, or restricted school foods are legally barred from carrying the seal.
• Certified foods must be recertified at least every three years, and a reformulated product must be recertified before it can carry the seal.
• Large grocery retailers with annual sales over $10 million stocking more than 25 certified products must make at least 3 of them easy for shoppers to spot.

What happened

On September 28, 2026, California enacted AB 2244, authored by Assemblymember Jesse Gabriel. The bill was approved by Governor Gavin Newsom and filed with the Secretary of State on September 28, 2026, officially recorded as Chapter 721, Statutes of 2026. According to Gabriel's office, the signing took place at a ceremony at UCLA Mattel Children's Hospital.

The measure advanced through the California Legislature with unanimous bipartisan support, passing with a 32-0 vote in the Senate and a 72-0 vote in the Assembly. AB 2244 was signed alongside a broader package of ten health measures that day, including Senate Bill 869 regarding menu added-sugar warnings and Senate Bill 977 concerning children's meals.

Public health and medical organizations actively supported the legislation, including the Environmental Working Group, the California Medical Association, the American Academy of Pediatrics, the American Diabetes Association, and the American Heart Association. Gabriel's office says the seal is modeled after the "USDA Organic" label.

What changed

AB 2244 establishes a formal, state-defined mechanism to verify that a food product is not ultraprocessed. Under the statute, CDPH must accredit certification agents no later than June 1, 2029. These accredited agents will evaluate food products and issue certifications allowing brands to display the official seal.

The statute sets strict eligibility standards. A certification agent cannot certify any product that meets the additive criteria for ultraprocessed food under California Health and Safety Code Section 104661(a)(2). That test is about additives alone: a product does not also need high saturated fat, sodium or added sugar to be barred from the seal. Additionally, products classified by CDPH as an "ultraprocessed food of concern" or a "restricted school food" under Section 104662 are entirely disqualified from receiving certification.

To ensure ongoing product integrity, certifications do not last indefinitely. Any certified food product must undergo mandatory recertification at least once every three years. Furthermore, if a manufacturer reformulates an ingredient blend, that product must be recertified before it can lawfully continue carrying the seal.

CDPH is directed to create a standardized seal that may include phrasing like "Non-Ultraprocessed Certified Food Standard" or "Non-UPF Certified" and feature whole-food or California imagery. Brands may place this seal on the principal display panel or information panel, provided it does not obscure other required information, such as the statement of identity or the Nutrition Facts panel.

Accountability mechanisms include a public tracking database. Accredited certifiers must report to CDPH each certified item's product name, full ingredient list, Nutrition Facts panel details, manufacturer, brand, Global Trade Item Number (GTIN) and UPC, and the date certified. CDPH will host and maintain a publicly accessible webpage cataloging all active certified products.

Misusing the seal is explicitly unlawful under California law. The statute grants enforcement powers to enjoin unauthorized use to the CDPH, the California Attorney General, county counsel, and city attorneys. In addition, private rights of action allow consumers, businesses and nonprofit organizations to seek injunctive relief against improper seal usage.

CDPH is authorized to assess registration fees on certifying agents and certification fees on participating products. All collected fees will be deposited into a newly established state treasury fund: the Public Health Food and Nutrition Education Fund.

Who is affected

Food manufacturers seeking to differentiate their products in the retail market are central to this law. Participation is voluntary. A brand that wants the seal has to go through an accredited certification agent, recertify at least every three years, and recertify again after any reformulation. For shoppers, the same skills in How to Read a Food Label: The Ingredient List, Line by Line still apply until certified products appear.

Grocery retailers get a display duty once CDPH creates the standardized seal. Supermarkets and grocery stores with annual gross sales exceeding $10 million that stock more than 25 certified items must make at least 3 certified items "clearly identifiable" to consumers. The law lists physical separation, signage or other visual cues as ways to do it. Gas-station marts and convenience stores are exempt from this requirement, and a store is deemed compliant if it shows a good-faith effort and reasonable policies, procedures or employee training. This grocer display mandate includes a sunset provision repealing the requirement on January 1, 2040.

Certification agents are the third group. Each must register with CDPH, complete department training, renew every year, and report every product it certifies; CDPH may audit their procedures and records.

What it means for shoppers

For consumers navigating crowded grocery store aisles, AB 2244 introduces a verifiable, state-regulated benchmark. Rather than relying on self-declared marketing terms like "natural" or "wholesome," shoppers will have a seal tied to specific ingredient exclusions written into state law.

The law targets additive classes such as emulsifiers, stabilizers and thickeners, colors other than the natural colors listed in 21 CFR Part 73, flavoring agents and nonnutritive sweeteners. For what those additives look like on a label, see Emulsifiers on Ingredient Lists Explained: Lecithin to Polysorbate 80 and Food Gums on 6 Scanned Labels: From Five Thickeners to Zero.

Shoppers will also have an objective verification tool beyond packaging claims. Because CDPH will host an open registry tracking certified UPCs and ingredients, consumers will be able to confirm whether an item on the shelf holds an active certification.

The background

AB 2244 builds directly upon groundwork laid by previous California legislation, specifically AB 1264 enacted in 2025 and effective January 1, 2026. That earlier statute added Section 104661 to the California Health and Safety Code, establishing the statutory baseline definition for ultraprocessed food that the new certification program utilizes.

Under Section 104661, a food is ultraprocessed if it contains a substance from FDA's Substances Added to Food inventory with one of the listed technical effects, plus either high saturated fat, sodium or added sugar, or a nonnutritive sweetener or one of the listed sweeteners such as sucralose, erythritol, steviol glycosides, monk fruit (Luo Han) concentrate, sorbitol or xylitol. These technical additive effects include:

• Surface-active agents, emulsifiers, and emulsifier salts
• Stabilizers and thickeners
• Propellants, aerating agents, and gases
• Colors and coloring adjuncts
• Flavoring agents, adjuvants, and flavor enhancers (excluding standard spices and natural seasonings under 21 CFR 182.10)
• Nonnutritive sweeteners

Section 104661 specifically notes that salt, traditional culinary spices, and natural color additives exempt from certification under 21 CFR Part 73 do not trigger an ultraprocessed designation on their own. Raw agricultural commodities and minimally processed whole foods are also expressly excluded from the definition.

Existing law further requires CDPH to adopt formal administrative regulations defining "ultraprocessed foods of concern" and "restricted school foods" on or before June 1, 2028. AB 2244 links its certification prohibitions directly to those upcoming standards.

What to watch next

Several regulatory milestones will dictate how quickly certified products reach consumer shopping baskets:

• June 1, 2028: CDPH is required to adopt regulations defining "ultraprocessed foods of concern" and "restricted school foods" under existing Health and Safety Code provisions.
• June 1, 2029: Statutory deadline for CDPH to accredit certification agents.
• Ongoing: Design and release of the standardized seal graphic by CDPH, alongside fee schedule determinations.

Significant details remain undisclosed by state officials. The bill materials name no brand or manufacturer that plans to seek the seal. CDPH has not yet unveiled the visual design of the seal, nor has it published the fee schedule for certifier registration or product filing. The entities that will apply to serve as accredited certifiers remain unknown.

Critically, state statutes do not establish a fixed date by which certified items must be on store shelves, and there are no official projections estimating how many packaged products will ultimately qualify. At the federal level, the FDA and USDA have asked for public input to help develop a uniform definition of ultra-processed foods. The California seal is a state program, and nothing in the bill gives a federal agency a role in it. There is also no data yet on whether the seal will change what people buy or their health.