NY State Senate Bill 2023-S8822

Senate Bill S8822

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

download bill text pdf

Current Bill Status - In Senate Committee Agriculture 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2024	referred to agriculture

2023-S8822 (ACTIVE) - Details

See Assembly Version of this Bill:: A9293
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §199-a, Ag & Mkts L

2023-S8822 (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-S8822 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8822

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of the hill is to prohibit the use of red dye 3 as a food or
food color additive and to prohibit the sale of food products containing
red dye 3.

 
SUMMARY OF PROVISIONS:

  Section  1: Amends the section heading of section 199-a of agriculture
and markets law which was amended by chapter 797 of the 1961 laws.  This
section adds a new subdivision 5 that prohibits certain  food  additives
and  food color additives. As of January first, two thousand twenty six,
it will be unlawful to manufacture, compound,  brew,  distill,  produce,

process,  sell,  deliver,  distribute,  hold,  offer  or expose for sale
products containing red aye 3 as a food additive or food color additive.
Within thirty days of the effective date
 of this subdivision, the commissioner shall amend the exemption list to
indicate that after January first, two thousand twenty-six red dye 3  is
not  deemed  safe for human consumption. Under section two hundred two-c
within this article, the recognition by the federal food and drug admin-
istration of this substance as safe may not be used as a defense.

  Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

Red dye 3 has been previously banned by the FDA  for  external  cosmetic
use and it is time for it to be prohibited from our food supply.  Scien-
tific  evidence has shown that red dye 3 may lead to increased hyper-ac-
tivity, health issues and affect memory and learning.  This  bill  would
prohibit the use and sale of food products containing red dye 3 in order
to  keep  ourselves  and our children safe from the harm of the chemical
additive.

 
LEGISLATIVE HISTORY:

A424/055A of 2023-2024; Referred to Agriculture

S8211 of 2023-2024; Referred to Agriculture

 
FISCAL IMPLICATIONS.

TO BE DETERMINED

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8822 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8822
 
                             I N  S E N A T E
 
                              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:
 
   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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.