Bill Text: NY S08211 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits food products containing brominated vegetable oil, potassium bromate, propylparaben, red dye 3, and titanium dioxide; provides for a private right of action for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-12 - REFERRED TO AGRICULTURE [S08211 Detail]

Download: New_York-2023-S08211-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8211

                    IN SENATE

                                    January 12, 2024
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN  ACT to amend the agriculture and markets law, in relation to prohib-
          iting certain food additives and food color additives,  and  providing
          for a private right of action

          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-five, 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 any of the following substances  as  food
    11  additives or food color additives or any food or food product containing
    12  any of the following substances:
    13    (i) brominated vegetable oil;
    14    (ii) potassium bromate;
    15    (iii) propylparaben;
    16    (iv) red dye 3; and
    17    (v) titanium dioxide.
    18    (b)  Within thirty days of the effective date of this subdivision, the
    19  commissioner shall amend  the  exemption  list  maintained  pursuant  to
    20  subdivision  three  of  this  section to indicate that in this state the
    21  substances prohibited in this subdivision shall not be deemed to be safe
    22  for human consumption on or after January first,  two  thousand  twenty-
    23  five.  In  an  action  instituted  by the commissioner under section two
    24  hundred two-c of this article to enforce compliance with  this  subdivi-
    25  sion  or any rule or order promulgated pursuant to this subdivision, the
    26  recognition by the federal food and drug administration of any of  these
    27  substances as safe may not be alleged as a defense.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13812-01-3
        S. 8211                             2

     1    (c) Any person who violates any provision of this subdivision shall be
     2  liable  in  any  court of competent jurisdiction, including small claims
     3  court. In any action brought by any person to enforce this section,  the
     4  court  may, subject to its jurisdiction, issue an injunction to restrain
     5  or  prevent any violation of this section or any continuance of any such
     6  violation.
     7    § 2. This act shall take effect immediately.