Bill Text: NY A09293 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the use of red dye 3 as a food additive or food color additive and the sale of food products containing red dye 3 beginning January 1, 2026; 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-02-23 - referred to agriculture [A09293 Detail]

Download: New_York-2023-A09293-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9293

                   IN ASSEMBLY

                                    February 23, 2024
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Agriculture

        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting  the  use of red dye 3 as a food additive or food color additive
          and the sale of food products containing red dye 3

          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, on
     7  or after January first, two thousand twenty-six, it  shall  be  unlawful
     8  for  any  person,  firm,  association,  or  corporation  to manufacture,
     9  compound, brew, distill, produce, process,  sell,  deliver,  distribute,
    10  hold,  offer or expose for sale the substance as a food additive or food
    11  color additive or any food or food product containing red dye 3.
    12    (b) Within thirty days of the effective date of this subdivision,  the
    13  commissioner  shall  amend  the  exemption  list  maintained pursuant to
    14  subdivision three of this section to indicate that  in  this  state  the
    15  substance  prohibited in this subdivision shall not be deemed to be safe
    16  for human consumption on or after January first,  two  thousand  twenty-
    17  six.  In  an  action  instituted  by  the commissioner under section two
    18  hundred two-c of this article to enforce compliance with  this  subdivi-
    19  sion  or any rule or order promulgated pursuant to this subdivision, the
    20  recognition  by  the  federal  food  and  drug  administration  of  this
    21  substance as safe may not be alleged as a defense.
    22    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14107-01-4