Assembly Bill A9293

2023-2024 Legislative Session

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

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Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9293 (ACTIVE) - Details

See Senate Version of this Bill:
S8822
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §199-a, Ag & Mkts L

2023-A9293 (ACTIVE) - Summary

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.

2023-A9293 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9293
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The section heading of section 199-a of the agriculture and
 markets  law,  as amended by chapter 797 of the laws of 1961, is amended
 and a new subdivision 5 is added to read as follows:
   Prohibition as to adulterated or  misbranded  food  AND  CERTAIN  FOOD
 ADDITIVES AND FOOD COLOR ADDITIVES.
   5.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON
 OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, IT  SHALL  BE  UNLAWFUL
 FOR  ANY  PERSON,  FIRM,  ASSOCIATION,  OR  CORPORATION  TO MANUFACTURE,
 COMPOUND, BREW, DISTILL, PRODUCE, PROCESS,  SELL,  DELIVER,  DISTRIBUTE,
 HOLD,  OFFER OR EXPOSE FOR SALE THE SUBSTANCE AS A FOOD ADDITIVE OR FOOD
 COLOR ADDITIVE OR ANY FOOD OR FOOD PRODUCT CONTAINING RED DYE 3.
   (B) WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,  THE
 COMMISSIONER  SHALL  AMEND  THE  EXEMPTION  LIST  MAINTAINED PURSUANT TO
 SUBDIVISION THREE OF THIS SECTION TO INDICATE THAT  IN  THIS  STATE  THE
 SUBSTANCE  PROHIBITED IN THIS SUBDIVISION SHALL NOT BE DEEMED TO BE SAFE
 FOR HUMAN CONSUMPTION ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY-
 SIX.  IN  AN  ACTION  INSTITUTED  BY  THE COMMISSIONER UNDER SECTION TWO
 HUNDRED TWO-C OF THIS ARTICLE TO ENFORCE COMPLIANCE WITH  THIS  SUBDIVI-
 SION  OR ANY RULE OR ORDER PROMULGATED PURSUANT TO THIS SUBDIVISION, THE
 RECOGNITION  BY  THE  FEDERAL  FOOD  AND  DRUG  ADMINISTRATION  OF  THIS
 SUBSTANCE AS SAFE MAY NOT BE ALLEGED AS A DEFENSE.
   § 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

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