These responses reflect scientific evidence and practical implementation considerations to the CDPH AB 1264 Public Input Survey.
October 6, 2026
To support implementation of Assembly Bill 1264, the California Department of Public Health (CDPH) conducted a public survey to gather stakeholder input on the development of definitions for “Ultra-Processed Foods of Concern” and “Restricted School Foods.” CDPH invited feedback from interested parties, including those involved in growing, manufacturing, selling, purchasing, preparing, serving and consuming school food.
Below are Dairy Council of California’s responses to the CDPH AB 1264 Public Input Survey. These responses reflect scientific evidence and practical implementation considerations.
1. What factors do you think should be considered when defining “ultraprocessed foods of concern” and “restricted school foods”?
Definitions should consider a food’s nutrient density, purpose and extent of processing, food matrix, ingredients and additives, and scientific evidence linking it to beneficial or poor health outcomes. Foods should not be classified based solely on processing level, as processing can improve food safety, shelf life, accessibility, affordability and nutritional quality.
For example, dairy foods demonstrate how processing can serve important public health and nutritional purposes beyond simply altering a food’s level of processing. Milk and dairy foods can undergo a range of processing techniques, from pasteurization, which is critical to ensure the safety and quality of milk, to fermentation to create products such as yogurt and kefir, nutrient-dense foods that contribute to healthy dietary patterns and support gut health. The presence of isolated nutrients such as added sugars, sodium or saturated fat does not necessarily diminish the overall nutritional value of dairy foods. Evidence suggests that many dairy foods are associated with neutral to beneficial health outcomes, underscoring the importance of considering the dairy matrix, nutrient density and overall dietary patterns rather than focusing solely on individual nutrients.
2. What considerations should guide decisions about which foods may or may not be allowed in schools?
Decisions should prioritize nutritional value, food safety and alignment with federal school nutrition standards, while also considering affordability, accessibility, cultural relevance, student acceptance and operational feasibility. Restrictions should not unintentionally limit nutrient-dense foods or worsen nutrition security.
Dairy foods are a good example of the balance needed in these decisions. Consuming three daily servings of dairy can help address nutrient gaps among children by providing calcium, vitamin D and potassium, nutrients which are often under consumed. Dairy foods are affordable, widely available and adaptable across diverse dietary preferences and cultural traditions represented across California. School food policies should support access to nutrient-dense foods that help children meet nutrition recommendations and support health, growth and learning.
3. Is there anything else you believe is important for CDPH to keep in mind regarding food definitions or school food restrictions?
Food definitions and school food restrictions should be evaluated for their potential impact on school meal programs, federal nutrition assistance programs, food costs, convenience and nutrition security to avoid unintended consequences for the communities these programs serve. CDPH should take an evidence-based approach that recognizes the complexity of food processing and existing research gaps, including the need for long-term studies on different types of ultra-processed foods, their mechanisms of action and the role of additives. Opportunities for industry innovation, practical implementation timelines and cost impacts should also be considered. Dairy Council of California welcomes the opportunity to serve as a resource and provide subject matter expertise should CDPH convene an advisory panel to inform policy development and implementation.