As it reaches the point of the year when most states are wrapping up their 2026 legislative sessions, there are several noteworthy food-related laws that have been passed and enacted. This article will specifically highlight legislation concerning alternative proteins, food additives, cottage foods, and folic acid fortification.

Alternative Proteins

In keeping on trend with the past few years, in 2026 several states passed and enacted legislation related to alternative proteins. These laws will encompass both cell-cultured proteins and meat substitutes, such as plant-based or insect-based proteins. Specifically, legislation related to alternative proteins will usually take a few forms – establishing labeling requirements for these products, banning their sale or manufacture, or restricting the expenditure of state money on their purchase. To learn more about other state laws related to alternative proteins, click here to view NALC’s Alternative Proteins State Law Compilation.

South Dakota

Prior to this year, South Dakota already had several alternative protein laws on the books – including labeling requirements and prohibitions against the expenditure of state money on alternative proteins. However, in 2026, the state passed legislation that would temporarily prohibit persons from “sell[ing], offer[ing] for sale, hold[ing] for sale, or distribut[ing] . . . any product containing cell-cultured protein.” The prohibition will be in effect from July 1, 2026 to June 30, 2030.

Ohio

This year, Ohio enacted HB 10, a law that creates labeling requirements for alternative proteins. Ohio Rev. Code § 3715.601-605. The law applies to cultivated-protein food products, plant-protein food products, insect-protein food products, and fabricated-egg products. Specifically, it prohibits the use of an “identifying term” on those listed products without the use of an accompanying “qualifying term.” Identifying terms are those that state, indicate, suggest, or describe a meat or egg product. The bill lists several qualifying terms for both fabricated egg products and manufactured protein products, such as “egg-free,” “vegan,” “fake,” or “plant-based.” Additionally, HB 10 includes a provision that directs state education providers to adopt a policy that prevents the purchase of cell-cultured protein food products. Ohio Rev. Code § 3313.8110. This provision does not prevent the state’s higher education institutions from purchasing cell-cultured meat for research purposes. Ohio Rev. Code § 3345.88.

Virginia

Similar to Ohio, Virginia passed a law establishing labeling requirements for “manufactured-protein food products.” According to the Virginia law, this term encompasses the following alternative proteins, “plant-based,” “insect-based,” “fungus-based,” and “cultivated-protein food product.” Under this law, a manufactured-protein product is considered misbranded if the product label includes an identifying term without a qualifying term in close proximity. Va. Code Ann § 3.2-5402.1. The law goes into effect on July 1, 2026.

Idaho

Idaho also passed legislation that established labeling requirements for cell-cultivated animal proteins. Specifically, SB 1270 requires that cultivated meat for sale by “restaurants or other vendors” must properly label these products with the phrases “lab-grown,” “cell-cultivated,” or “cell-cultured.” Further, the law bans cultivated meat “not derived from traditional livestock production or wild game harvest” to be labeled with specific meat cut terms, such as “steak,” “roast,” “tri-tip,” “loin,” or “brisket.” It is notable that the law does not outright ban the use of the term “meat” or other general “meat terms” like “beef” or “chicken,” but it does exclude cell-cultivated animal proteins from bearing terms that are commonly associated with specific meat cuts. The law goes into effect on July 1, 2026, and is codified at Idaho Code § 37-1601-1604.

Mississippi

This year, Mississippi enacted first-in-the-nation legislation to ban cultivated dairy. HB 1153 defines a “cell-cultured dairy product” as one that “intend[s] to replicate or to substitute for milk and that is derived from animal cells cultured outside of a live animal.” The definition also includes “products produced through the growth of mammary or other animal cells in vitro.” Violators of this law could be subject to a civil penalty of up to $500 per day for all violations. The law goes into effect on July 1, 2026, and is codified at Miss. Code Ann § 75-36-9.

Food Additives

In 2023, California became the first state in the nation to pass legislation that banned the sale of foods that contained certain color additives. The following year, California also passed legislation that would prohibit color additives from being served in school meals. As of May 1, 2026, eight other states, including West Virginia, Virginia, Arizona, Utah, Texas, Louisiana, Delaware, Tennessee, and Nebraska, have passed similar legislation regarding color additives in schools. West Virginia also passed legislation similar to California’s outright ban on the sale of foods with certain color additives. Specifically, this year, two states have enacted legislation related to color additives and school meals – Tennessee and Nebraska. To learn more about the federal government’s treatment of color additives, click here to read NALC article “FDA Announces Plan to ‘Phase-Out’ Synthetic Dyes.”

Tennessee

In 2025, Tennessee passed legislation that banned food or beverages that contained Red Dye 40 from being “sold, offered for sale, or provided to students on school property.” However, this year, Tennessee expanded that prohibition with the passage of SB 2423. This law bans Red 40, Red 3, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3 from being sold or provided to students “through a school nutrition program on or after August 1, 2027.” The ban does not extend to food or beverage items that contain artificial dyes if the school contracted for that food or beverage item prior to August 1, 2027.

Nebraska

On April 14, 2026, Nebraska’s governor signed LB 940 into law. This law prohibits certain color additives – including Blue No. 1, Blue No. 2, Green No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6 – from being served in school meals. The law specifically defines “school meals” as a meal served “pursuant to the federal Richard B. Russell National School Lunch Act . . . or the federal Child Nutrition Act of 1966,” and does not extend to “any other food offered or made available to students.” Thus, this law does not apply to food in vending machines or meals served to students not participating in the two listed federal programs. This law goes into effect on August 1, 2027.

Cottage Foods

Another area of food law that seems to receive annual attention from state legislators is cottage foods. “Cottage food” is a term given to food products usually produced in a home kitchen, or another facility that isn’t subject to traditional state licensing or inspection requirements. Further, cottage food is usually subject to less stringent labeling requirements. For a state-by-state breakdown, click here to view NALC’s Cottage Food Laws State Compilation.

Virginia

In April, Virginia enacted HB 402, a law that expands their current cottage food laws. Specifically, this law permits Virginia cottage food operators to sell their products over the internet or by phone when previously cottage food sales were mandated to be done in person. The law also expands to permit cottage food products to be delivered to purchasers by mail or by delivery service. Cottage food products are still prohibited from being sold outside of Virginia and may not be sold in retail food establishments. This law will take effect on July 1, 2026.

West Virginia

West Virginia expanded their cottage food laws this year through the enactment of SB 44. Previously, West Virginia did not have separate section in its code dedicated to cottage foods. Instead, its rules regarding farmer’s markets, found at W. Va. Code § 19-35, included rules for “potentially hazardous” and “nonpotentiality hazardous” foods. A “potentially hazardous” food is one that must undergo certain time and temperature preparations to be safe from pathogen growth. To be sold at a farmer’s market, the prior rules required that sellers of potentially hazardous foods must obtain a farmers market vendor permit. However, sellers of eligible nonpotentially hazardous foods could be exempt from state licensing, permitting, inspection, packaging, and labeling laws if “done in conformity” with the law. W. Va. Code § 19-35-6. Further, the laws did not limit nonpotentially hazardous foods to only being sold at a farmer’s market but permitted direct producer to consumer sales.

Now, with the passage of SB 44, West Virginia is establishing a permit process for sellers of potentially hazardous cottage foods to be sold directly to consumers. However, the law does not permit sales outside the “boundaries of the State of West Virginia.” The law also clarifies that a potentially hazardous cottage food vendor is not required to obtain a food establishment permit nor a farmer’s market vendor permit to sell from their home. Further, the new law authorizes local health departments to halt cottage food production if a potential imminent health hazard exists. The permitting requirements found in SB 44 do not extend to nonpotentially hazardous foods if they are in compliance with the requirements in W. Va. Code § 19-35-6. The Department of Agriculture will establish rules detailing the conditions and procedures of the permitting process. The law will go into effect in June 2026, 90 days after its passage.

Maryland

This year, Maryland also enacted legislation related to cottage food. Specifically, HB 535 altered the state’s current cottage food laws to allow operators with an annual revenue of not more than $100,000 to qualify as a “cottage food business.” Previously, cottage food businesses could not have annual revenues that exceeded $50,000. This law takes effect on October 1, 2026.

Folic Acid

This year, Alabama’s legislature passed legislation that would tighten folic acid requirements on corn masa products manufactured and sold in their state. Since 1998, the Food and Drug Administration has required that folic acid be added to food products made with “enriched flour.” According to the CDC, Folic Acid is “a form of folate, a B vitamin that helps your body make new cells,” and 400 micrograms of folic acid daily during early pregnancy can help a baby’s brain and spine develop. While folic acid fortification is not mandatory in the US for all products made with flour, the standard of identity for “enriched flour” requires that it must be made with 0.7 milligrams of folic acid.  21 CFR § 137.165. This means that pregnant women who eat bread or pasta products made with enriched flour are likely meeting the folic acid recommendations to help prevent neutral tube defects (NTD).

However, research shows that Hispanic and Latina women are more likely 1) to fall short of the daily folic acid recommendations and 2) contain lower levels of folate in their blood. To combat this, the FDA began encouraging manufacturers of corn masa flour, an ingredient in tortillas, taco shells, and tamales, to fortify their products with folic acid. Further, in 2024 California was the first state in the nation to set folic acid requirements for corn mesa flour and corn masa products sold in their state. A few months later, Alabama passed similar legislation, which required “corn masa” sold in the state to have “not less than 0.7 milligrams of folic acid” and “corn masa products. . . not less than 0.4 milligrams.” In 2026 though, Alabama further passed HB 139, a law that tightens their folic acid requirements by creating a separate definition for “corn masa flour” and changing the language of the law from “not less than” to “shall contain.” Though the language of the requirement is altered, the mandated amount of folic acid remains unchanged.

Further, Alabama’s 2026 law adds an exception for “snack foods.” The law’s definition of snack foods includes chips but makes clear that the definition does not extend to products “made from corn masa flour or wet corn masa products that is bulk packaged or is commonly used as a primary ingredient in meal preparation,” such as tortillas. Meaning that tortilla chips would likely be exempt, but tortillas would not. The 2025 law goes into effect on June 1, 2026, while the tightened restrictions in the 2026 law go into effect on October 1, 2026.

Conclusion

Though a number of food related state laws have been passed and enacted so far this year, many state legislative sessions remain ongoing. This means that there are a number of notable bills related to food topics still being discussed. As such, there will likely be more NALC articles forthcoming on these topics. To stay up to date on the enactment of food related state laws, click here to subscribe to NALC’s biweekly newsletter, “The Feed.”