Bill Text: NY S08822 | 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 1-0)

Status: (Introduced) 2024-03-15 - REFERRED TO AGRICULTURE [S08822 Detail]

Download: New_York-2023-S08822-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8822

                    IN SENATE

                                     March 15, 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 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