Prohibits certain food additives and food color additives; provides that in an action to enforce compliance, the recognition by the federal food and drug administration of any of these substances as safe may not be alleged as a defense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6424A
SPONSOR: Kelles TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting certain food additives and food color additives
PURPOSE:
To prohibit the use of certain substances as food additives or color
additives in the manufacture and commercial distribution of food
products
SUMMARY OF PROVISIONS:
Section one of the bill amends the agriculture and markets law to indi-
cate that the section addresses food additive and color additives, and
adds a new subdivision 5 to the section to prohibit the use of the
following substances as food additive or color additives in the state
one year after the effective date of this subdivision: brominated vege-
table oil (BVO), potassium bromate, propylparabens, red dye 3, azodicar-
bonamide, butylated hydroxyanisole (BHA), and titanium dioxide, however,
dairy products containing titanium dioxide shall be included on the
exemption list. This section of the bill also requires the commissioner
of agriculture and markets to amend an exemption list already provided
for in subdivision three of section 199-a, within thirty days of the
effective date of this subdivision, to indicate the new prohibitions and
states that recognition by the federal food and drug administration of
any of these substances as safe may not be alleged as a defense in an
enforcement action brought by the state under state law.
Section two of the bill sets forth the effective date.
JUSTIFICATION:
While the use of food additives to enhance the shelf life, taste, or
texture of various commercial food products is nothing new, the science
behind the health effects of increased consumption of such additives is
shedding new light on just how dangerous some of them can be. This
legislation protects New Yorkers from five of the most pervasive and
harmful food additives by prohibiting the manufacture or sale of food
containing any of the following: brominated vegetable oil (linked to
nervous system damage); potassium bromate (linked to cancer); propylpar-
abens (linked to hormone and reproductive system harm); red dye 3
(linked to cancer and behavioral problems in children); butylated
hydroxyanisole (linked to cancer); azodicarbonamide (linked to cancer);
and titanium dioxide (linked to DNA damage and harm to the immune
system). This bill is similar to legislation that has been enacted in
California, and with the exception of the use of red dye 3 in candied
cherries, the European Union already prohibits the sale of food contain-
ing any one of these substances.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6424--A
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. KELLES, TAPIA, STECK, LEE, STIRPE, GLICK, SAYEGH,
EPSTEIN, GIBBS, L. ROSENTHAL, REYES, SIMON, JACKSON -- read once and
referred to the Committee on Agriculture -- recommitted to the Commit-
tee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting certain food additives and food color additives
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading of section 199-a of the agriculture and
2 markets law, as amended by chapter 797 of the laws of 1961, is amended
3 and a new subdivision 5 is added to read as follows:
4 Prohibition as to adulterated or misbranded food and certain food
5 additives and food color additives.
6 5. (a) Notwithstanding any other provision of law to the contrary,
7 commencing one year after the effective date of this subdivision, it
8 shall be unlawful for any person, firm, association, or corporation to
9 manufacture, compound, brew, distill, produce, process, sell, deliver,
10 distribute, hold, offer or expose for sale any of the following
11 substances as food additives or food color additives or any food or food
12 product containing any of the following substances:
13 (i) brominated vegetable oil (BVO);
14 (ii) potassium bromate;
15 (iii) propylparaben;
16 (iv) azodicarbonamide;
17 (v) butylated hydroxyanisole (BHA);
18 (vi) red dye 3; and
19 (vii) titanium dioxide.
20 (b) Within thirty days of the effective date of this subdivision, the
21 commissioner shall amend the exemption list maintained pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10205-09-4
A. 6424--A 2
1 subdivision three of this section to indicate that in this state the
2 substances prohibited in this subdivision shall not be deemed to be safe
3 for human consumption on or after one year after the effective date of
4 this subdivision; provided, however, dairy products containing titanium
5 dioxide shall be included on the exemption list maintained pursuant to
6 such subdivision three. In an action instituted by the commissioner
7 under section two hundred two-c of this article to enforce compliance
8 with this subdivision or any rule or order promulgated pursuant to this
9 subdivision, the recognition by the federal food and drug administration
10 of any of these substances as safe may not be alleged as a defense.
11 § 2. This act shall take effect immediately.
