California is creating a voluntary certification program for products that meet state standards concerning ultraprocessed foods. Assembly Bill 2244, signed by Governor Gavin Newsom on September 28, 2026, directs the California Department of Public Health (“CDPH”) to establish the “Non-Ultraprocessed Certified” program and accredit independent agents to certify qualifying products.

Although participation will be voluntary, the program could affect retailer expectations, consumer perceptions, marketing claims and product reformulation. Manufacturers and retailers should consider how the certification may affect their products and operations as California develops the program.

How the Program Will Operate
By June 1, 2029, CDPH must establish an accreditation pathway for independent certification agents. The program is not yet operational, and California’s underlying ultraprocessed-food criteria are developing through a separate rulemaking process. Once implemented, products may display the standardized seal only after receiving approval from an accredited agent.

Eligibility will turn on California’s statutory framework for ultraprocessed foods. Products classified under California law as an “ultraprocessed food,” an “ultraprocessed food of concern,” or a “restricted school food” will not qualify. Eligibility considerations include specified colors, flavoring agents, emulsifiers, stabilizers, thickeners, non-nutritive sweeteners, and other substances used for identified technical functions. CDPH’s implementing regulations will provide additional detail.

Certification will require ongoing compliance.  Products must be recertified at least every three years, and reformulation will trigger recertification before continued use of the seal. Certification agents must register with CDPH, identify certified products, preserve substantiating records, and produce those records for state inspection. CDPH will publish a current list of certified products.

The certification program also establishes display requirements for certain retailers. A grocery store with more than $10 million in annual gross store sales that offers more than 25 types of certified products must make at least three certified products distinguishable through placement, signage, or another visual method that would be apparent to a reasonable consumer.

A company may not represent a product as certified or use the seal without authorization. CDPH and designated state and local officials may seek injunctive relief, and the statute permits certain private parties to seek an injunction as well.

What Companies Should Consider Now
While key details remain subject to rulemaking, manufacturers and retailers can begin assessing how the program could affect their operations. Manufacturers and retailers should consider:

• Responsible parties: Assign responsibility for tracking CDPH regulations, accreditation criteria, and implementation dates.
• Product eligibility: Screen current formulations against the California categories that will determine eligibility.
• Supplier information: Identify gaps in supplier specifications, processing disclosures, and contractual change-notification rights.
• Marketing claims: Compare existing “clean,” “natural,” “minimally processed,” and similar claims with the developing California criteria.
• Certification strategy: Model the timing and commercial value of certification, reformulation, packaging changes, and future recertification.
• Retail requirements: Determine which stores and product assortments could trigger the display requirement and evaluate workable identification methods.

Looking Ahead
Companies do not need to wait for final regulations to begin evaluating the potential impact. The implementation period provides an opportunity to identify affected products and locations, preserve flexibility in commercial agreements, and evaluate the seal alongside broader state and federal developments concerning ultraprocessed foods.

Barley Snyder’s Food & Agribusiness Industry Group will continue to monitor California’s implementation of the “Non-Ultraprocessed Certified” program. For guidance on product eligibility, ingredient and supplier documentation, certification or reformulation strategies, or retailer display obligations, please contact attorneys Hyo Jin (Jinnie) Lee, Catherine T. Begley, Timothy G. Dietrich, or any member of Barley Snyder’s Food & Agribusiness Industry Group.