Bill Text: NY A06424 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-02-22 - print number 6424a [A06424 Detail]

Download: New_York-2023-A06424-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6424

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 6, 2023
                                       ___________

        Introduced by M. of A. KELLES -- read once and referred 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

          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.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10205-06-3