S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1556
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M. of A. KELLES, COLTON, EPSTEIN, GIBBS, GLICK, JACKSON,
   LEE, LEVENBERG, RAGA, REYES, ROSENTHAL,  SAYEGH,  SEAWRIGHT,  SHIMSKY,
   SIMON, STECK, STIRPE, TAPIA -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to amend the agriculture and markets law and the education law,
   in relation to prohibiting certain food additives and food color addi-
   tives and to the reporting of GRAS substances
 
   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 INTENDED FOR HUMAN CONSUMPTION.
   5.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,
 COMMENCING ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  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  ANY  OF  THE FOLLOWING
 SUBSTANCES AS FOOD ADDITIVES OR FOOD COLOR ADDITIVES OR ANY FOOD OR FOOD
 PRODUCT CONTAINING ANY OF THE FOLLOWING SUBSTANCES  INTENDED  FOR  HUMAN
 CONSUMPTION:
   (I) FD&C RED NO. 3;
   (II) POTASSIUM BROMATE; OR
   (III) PROPYLPARABEN.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A STORE SHALL BE PERMITTED TO  SELL,  DELIVER,  DISTRIBUTE,  HOLD,
 OFFER  OR EXPOSE FOR SALE ANY FOOD OR FOOD PRODUCT CONTAINING ANY OF THE
 SUBSTANCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UNTIL THE EXPIRA-
 TION DATE, "BEST BY" DATE, OR "SELL BY" DATE PRINTED ON THE PACKAGING OF
 THE FOOD OR FOOD PRODUCT BY THE MANUFACTURER OR PRODUCER, BUT  NO  LATER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01051-02-5
              

 A. 1556                             2
 
 THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDED,
 HOWEVER, THAT:
   (I)  THE STORE SELLS FOOD OR FOOD PRODUCTS AT RETAIL AND IS NOT PRIMA-
 RILY ENGAGED IN THE SALE OF FOOD FOR CONSUMPTION ON THE PREMISES;
   (II) THE STORE IS INDEPENDENTLY OWNED AND OPERATED BY A BUSINESS  THAT
 EMPLOYS TEN OR FEWER PERSONS; AND
   (III) THE FOOD OR FOOD PRODUCT WAS ACQUIRED BY THE BUSINESS.
   (C)  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
 SUBSTANCES PROHIBITED IN THIS SUBDIVISION SHALL NOT BE DEEMED TO BE SAFE
 FOR HUMAN CONSUMPTION ON OR AFTER ONE YEAR AFTER THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION.
   §  2.  The  education  law is amended by adding a new section 915-a to
 read as follows:
   § 915-A. PROHIBITING THE SALE  OF  FOODS  CONTAINING  SYNTHETIC  COLOR
 ADDITIVES.  1.  NO  FOODS  OR  BEVERAGES, INCLUDING COMPETITIVE FOODS AS
 DEFINED UNDER 7 CFR 210.11(A)(2) AND  MEALS  REIMBURSED  UNDER  PROGRAMS
 AUTHORIZED  BY  THE FEDERAL RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
 (PUBLIC LAW 113-79) AND THE FEDERAL CHILD  NUTRITION  ACT  OF  1966  (42
 U.S.C.  SEC.  1771  ET SEQ.), CONTAINING ANY OF THE FOLLOWING SUBSTANCES
 SHALL BE SOLD IN ANY PUBLIC SCHOOL WITHIN THE STATE:
   A. FD&C RED NO. 3
   B. FD&C RED NO. 40
   C. FD&C BLUE NO. 1
   D. FD&C BLUE NO. 2
   E. FD&C GREEN NO. 3
   F. FD&C YELLOW NO. 5
   G. FD&C YELLOW NO. 6
   2. A SCHOOL MAY PERMIT THE SALE OF FOODS AND  BEVERAGES  THAT  DO  NOT
 COMPLY  WITH  SUBDIVISION  ONE OF THIS SECTION IF THE SALE OF SUCH ITEMS
 TAKES PLACE EITHER:
   A. OFF AND AWAY FROM THE PREMISES OF THE SCHOOL; OR
   B. ON SCHOOL PREMISES AT LEAST ONE-HALF HOUR  AFTER  THE  END  OF  THE
 SCHOOL DAY.
   §  3.  Section  198  of  the agriculture and markets law is amended by
 adding a new subdivision 7-a to read as follows:
   7-A. FOR PURPOSES OF THIS SECTION, THE TERM "GENERALLY  RECOGNIZED  AS
 SAFE  SUBSTANCE"  OR  "GRAS SUBSTANCE" MEANS ANY SUBSTANCE ADDED TO FOOD
 THAT IS NOT EXEMPTED FROM THE DEFINITION OF "FOOD ADDITIVE" UNDER SUBDI-
 VISION SEVEN OF THIS SECTION BECAUSE IT IS GENERALLY  RECOGNIZED,  AMONG
 EXPERTS  QUALIFIED BY SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE ITS
 SAFETY, AS HAVING BEEN ADEQUATELY SHOWN TO BE SAFE UNDER THE  CONDITIONS
 OF ITS INTENDED USE:
   (A)  EITHER  THROUGH SCIENTIFIC PROCEDURES USING THE SAME QUANTITY AND
 QUALITY OF SCIENTIFIC EVIDENCE AS IS REQUIRED TO OBTAIN APPROVAL OF  THE
 SUBSTANCE AS A FOOD ADDITIVE; OR
   (B)  FOR  A  SUBSTANCE  USED  IN FOOD PRIOR TO JANUARY FIRST, NINETEEN
 HUNDRED FIFTY-EIGHT, THROUGH EXPERIENCE BASED ON COMMON USE IN FOOD.
   § 4. Subdivision 4 of section 199-a of  the  agriculture  and  markets
 law,  as  amended by chapter 671 of the laws of 1966, is amended to read
 as follows:
   4. All data submitted to the commissioner in support of  the  FOOD  OR
 COLOR  ADDITIVES report under this section shall be considered confiden-
 tial by the commissioner and shall not be revealed to any  person  other
 than  to  a  person authorized by the commissioner in the performance of
 A. 1556                             3

 [his] THEIR official duties under this article. In  case  of  an  actual
 controversy  as  to  the validity of an order or decision of the commis-
 sioner respecting the test data or  report  in  which  a  proceeding  to
 review has been instituted as authorized by section two hundred two-c of
 this  article  the petition, data and report shall be transmitted by the
 commissioner to the clerk of the court in which the review proceeding is
 instituted, together with a record  of  the  proceedings  on  which  the
 commissioner  based  [his]  THE  order or decision, and such transmittal
 shall not be construed to be a violation of  confidence.    Subdivisions
 two and three of this section shall not apply to food additives or color
 additives  which  are  safe within the meaning of the federal food, drug
 and cosmetic act as amended.
   § 5. The agriculture and markets  law  is  amended  by  adding  a  new
 section 199-g to read as follows:
   §  199-G.  REPORTING  OF  GRAS SUBSTANCES. 1. A. EXCEPT AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, UNLESS A REPORT DESCRIBED IN  PARAGRAPH
 B  OF  THIS  SUBDIVISION HAS BEEN SUBMITTED TO THE COMMISSIONER AND SUCH
 REPORT IS MADE AVAILABLE IN THE DATABASE DESCRIBED IN  SUBDIVISION  FIVE
 OF  SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE, AND NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR
 ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO:
   (I) SELL OR OFFER OR EXPOSE FOR SALE FOR USE IN OR ON FOOD, OR TO  USE
 IN  THE  MANUFACTURING,  COMPOUNDING, BREWING, DISTILLING, PRODUCING, OR
 PROCESSING OF ANY FOOD OR FOOD PRODUCT, ANY GRAS SUBSTANCE  OR  COMBINA-
 TION OF GRAS SUBSTANCES;
   (II)  MAKE  ANY  NEW  USE OF ANY GRAS SUBSTANCE OR COMBINATION OF GRAS
 SUBSTANCES IN OR ON FOOD; OR
   (III) SELL OR OFFER OR EXPOSE  FOR  SALE  ANY  FOOD  OR  FOOD  PRODUCT
 CONTAINING ANY GRAS SUBSTANCE OR COMBINATION OF GRAS SUBSTANCES.
   B.  THE  REPORT  REQUIRED  PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
   (I) SIGNED STATEMENTS AND A CERTIFICATION, INCLUDING:
   (1) THE DATE AND SIGNATURE OF A RESPONSIBLE OFFICIAL OF  THE  REPORTER
 OR REPORTING ORGANIZATION;
   (2) THE NAME AND ADDRESS OF THE REPORTER OR REPORTING ORGANIZATION;
   (3)  THE NAME OF ANY GRAS SUBSTANCES DISCUSSED IN THE REPORT, USING AN
 APPROPRIATELY DESCRIPTIVE TERM;
   (4) INTENDED CONDITIONS FOR THE USE OF ANY GRAS SUBSTANCE DISCUSSED IN
 THE REPORT, INCLUDING THE FOODS IN WHICH THE SUBSTANCE WILL BE USED, THE
 LEVELS OF SUCH USE IN  SUCH  FOODS,  AND  THE  PURPOSES  FOR  WHICH  THE
 SUBSTANCE  WILL  BE  USED, INCLUDING, WHEN APPROPRIATE, A DESCRIPTION OF
 ANY SUBPOPULATION EXPECTED TO CONSUME SUCH GRAS SUBSTANCE OR SUBSTANCES;
   (5) THE STATUTORY BASIS FOR THE CONCLUSION OF GRAS STATUS;
   (6) A STATEMENT THAT THE REPORTED SUBSTANCE  IS  NOT  SUBJECT  TO  THE
 PREMARKET  APPROVAL REQUIREMENTS OF THE FEDERAL FOOD, DRUG, AND COSMETIC
 ACT BASED ON THE CONCLUSION THAT THE NOTIFIED SUBSTANCE  IS  GRAS  UNDER
 THE CONDITIONS OF ITS INTENDED USE;
   (7)  A  STATEMENT  THAT, IF ASKED TO SEE THE DATA AND INFORMATION THAT
 ARE THE BASIS FOR THE GRAS CONCLUSION, THE REPORTER WILL AGREE TO:
   (A) MAKE THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER; AND
   (B) UPON THE COMMISSIONER'S REQUEST, BOTH OF THE FOLLOWING  PROCEDURES
 FOR MAKING THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER:
   (I) ALLOW THE COMMISSIONER TO REVIEW AND COPY THE DATA AND INFORMATION
 DURING CUSTOMARY BUSINESS HOURS AT THE ADDRESS SPECIFIED FOR WHERE THESE
 DATA AND INFORMATION WILL BE AVAILABLE; AND
 A. 1556                             4
 
   (II)  PROVIDE A COMPLETE COPY OF THE DATA AND INFORMATION EITHER IN AN
 ELECTRONIC FORMAT OR ON PAPER;
   (8)  VIEWS  AS  TO WHETHER ANY OF THE DATA AND INFORMATION IN THE GRAS
 REPORT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW;
   (9) CERTIFICATIONS THAT, TO THE BEST OF THE REPORTER'S KNOWLEDGE,  THE
 GRAS  REPORT IS A COMPLETE, REPRESENTATIVE, AND BALANCED SUBMISSION THAT
 INCLUDES BOTH UNFAVORABLE AND FAVORABLE INFORMATION KNOWN TO THE  REPOR-
 TER AND PERTINENT TO THE EVALUATION OF THE SAFETY AND GRAS STATUS OF THE
 USE OF THE SUBSTANCE; AND
   (10)  THE  NAME AND POSITION OR TITLE OF THE PERSON WHO SIGNS THE GRAS
 REPORT.
   (II) THE IDENTITY, METHOD OF MANUFACTURE, SPECIFICATIONS, AND PHYSICAL
 OR TECHNICAL EFFECT OF THE NOTIFIED SUBSTANCE, INCLUDING:
   (1)  SCIENTIFIC  DATA  AND  INFORMATION  THAT  IDENTIFIES   THE   GRAS
 SUBSTANCE, INCLUDING:
   (A)  EXAMPLES OF APPROPRIATE DATA AND INFORMATION INCLUDING THE CHEMI-
 CAL NAME, APPLICABLE REGISTRY NUMBERS  (SUCH  AS  A  CHEMICAL  ABSTRACTS
 SERVICE  (CAS)  REGISTRY  NUMBER  OR  AN ENZYME COMMISSION (EC) NUMBER),
 EMPIRICAL FORMULA, STRUCTURAL  FORMULA,  QUANTITATIVE  COMPOSITION,  AND
 CHARACTERISTIC PROPERTIES; AND
   (B)  WHEN THE SOURCE OF A NOTIFIED SUBSTANCE IS A BIOLOGICAL MATERIAL,
 DATA AND INFORMATION SUFFICIENT TO IDENTIFY:
   (I) THE TAXONOMIC SOURCE (E.G., GENUS, SPECIES) OF THE GRAS SUBSTANCE,
 INCLUDING, AS APPLICABLE, DATA AND INFORMATION AT THE SUB-SPECIES  LEVEL
 (E.G., VARIETY, STRAIN);
   (II)  THE  PART  OF ANY PLANT OR ANIMAL USED AS THE SOURCE OF THE GRAS
 SUBSTANCE; AND
   (III) ANY KNOWN TOXICANTS THAT COULD BE IN  THE  SOURCE  OF  THE  GRAS
 SUBSTANCE;
   (2)  A  DESCRIPTION OF THE METHOD OF MANUFACTURE OF THE GRAS SUBSTANCE
 IN SUFFICIENT DETAIL TO EVALUATE THE SAFETY OF THE NOTIFIED SUBSTANCE AS
 MANUFACTURED;
   (3) SPECIFICATIONS FOR FOOD-GRADE MATERIAL; AND
   (4) WHEN NECESSARY TO DEMONSTRATE SAFETY, RELEVANT DATA  AND  INFORMA-
 TION  BEARING  ON  THE  PHYSICAL  OR  OTHER  TECHNICAL  EFFECT  THE GRAS
 SUBSTANCE IS INTENDED TO PRODUCE, INCLUDING THE  QUANTITY  OF  THE  GRAS
 SUBSTANCE REQUIRED TO PRODUCE SUCH EFFECT.
   (III)  DIETARY  EXPOSURE TO THE NOTIFIED SUBSTANCE, INCLUDING INFORMA-
 TION ABOUT DIETARY EXPOSURE (I.E., THE  AMOUNT  OF  RELEVANT  SUBSTANCES
 THAT  CONSUMERS  ARE  LIKELY  TO  EAT OR DRINK AS PART OF A TOTAL DIET),
 INCLUDING:
   (1) AN ESTIMATE OF DIETARY EXPOSURE TO  THE  NOTIFIED  SUBSTANCE  THAT
 INCLUDES EXPOSURE FROM ITS INTENDED USE AND ALL SOURCES IN THE DIET;
   (2)  WHEN  APPLICABLE,  AN  ESTIMATE  OF DIETARY EXPOSURE TO ANY OTHER
 SUBSTANCE THAT IS EXPECTED TO BE FORMED IN OR ON FOOD BECAUSE OF THE USE
 OF  THE  NOTIFIED  SUBSTANCE  (E.G.,  HYDROLYTIC  PRODUCTS  OR  REACTION
 PRODUCTS);
   (3)  WHEN  APPLICABLE,  AN  ESTIMATE  OF DIETARY EXPOSURE TO ANY OTHER
 SUBSTANCE THAT IS PRESENT WITH THE NOTIFIED SUBSTANCE  EITHER  NATURALLY
 OR DUE TO ITS MANUFACTURE (E.G., CONTAMINANTS OR BY-PRODUCTS);
   (4)  SOURCES  OF  ANY  FOOD  CONSUMPTION DATA USED TO ESTIMATE DIETARY
 EXPOSURE, IN ACCORDANCE WITH CLAUSES ONE THROUGH THREE OF THIS  SUBPARA-
 GRAPH; AND
   (5)  ANY  ASSUMPTIONS MADE TO ESTIMATE DIETARY EXPOSURE, IN ACCORDANCE
 WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARAGRAPH.
 A. 1556                             5
 
   (IV) SELF-LIMITING LEVELS OF USE IN CIRCUMSTANCES WHERE THE AMOUNT  OF
 THE NOTIFIED SUBSTANCE THAT CAN BE ADDED TO HUMAN FOOD OR ANIMAL FOOD IS
 LIMITED  BECAUSE  THE  FOOD  CONTAINING LEVELS OF THE NOTIFIED SUBSTANCE
 ABOVE A PARTICULAR LEVEL WOULD  BECOME  UNPALATABLE  OR  TECHNOLOGICALLY
 IMPRACTICAL.
   (V) IF THE STATUTORY BASIS FOR GRAS STATUS IS THROUGH EXPERIENCE BASED
 ON  COMMON USE IN FOOD, EVIDENCE OF A SUBSTANTIAL HISTORY OF CONSUMPTION
 OF THE NOTIFIED SUBSTANCE FOR  FOOD  USE  BY  A  SIGNIFICANT  NUMBER  OF
 CONSUMERS PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT.
   (VI)  A  NARRATIVE  THAT PROVIDES THE BASIS FOR THE CONCLUSION OF GRAS
 STATUS, INCLUDING:
   (1) AN EXPLANATION FOR WHY THE DATA  AND  INFORMATION  IN  THE  REPORT
 PROVIDE A BASIS FOR THAT THE NOTIFIED SUBSTANCE IS SAFE UNDER THE CONDI-
 TIONS  OF ITS INTENDED USE. SUCH EXPLANATION SHALL ADDRESS THE SAFETY OF
 THE NOTIFIED SUBSTANCE, CONSIDERING ALL DIETARY SOURCES AND TAKING  INTO
 ACCOUNT  ANY  CHEMICALLY OR PHARMACOLOGICALLY RELATED SUBSTANCES IN SUCH
 DIET, AND IDENTIFY WHAT  SPECIFIC  DATA  AND  INFORMATION  DISCUSSED  IN
 ACCORDANCE  WITH  THIS  CLAUSE ARE GENERALLY AVAILABLE AND NOT GENERALLY
 AVAILABLE, BY PROVIDING CITATIONS TO THE LIST OF  DATA  AND  INFORMATION
 REQUIRED IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
   (2) AN EXPLANATION OF HOW THE GENERALLY AVAILABLE DATA AND INFORMATION
 RELIED  ON  TO  ESTABLISH  SAFETY  IN ACCORDANCE WITH CLAUSE ONE OF THIS
 SUBPARAGRAPH PROVIDES A BASIS  FOR  THE  CONCLUSION  THAT  THE  REPORTED
 SUBSTANCE  IS  GENERALLY RECOGNIZED, AMONG QUALIFIED EXPERTS, TO BE SAFE
 UNDER THE CONDITIONS OF ITS INTENDED USE;
   (3) EITHER:
   (A) DATA AND INFORMATION THAT ARE, OR MAY APPEAR TO  BE,  INCONSISTENT
 WITH THE CONCLUSION OF GRAS STATUS; OR
   (B)  A  STATEMENT THAT THE AVAILABLE DATA AND INFORMATION WAS REVIEWED
 AND THE REPORTER IS NOT AWARE OF ANY DATA AND INFORMATION THAT  ARE,  OR
 MAY APPEAR TO BE, INCONSISTENT WITH THE CONCLUSION OF GRAS STATUS;
   (4)  IF  ANY DATA AND INFORMATION IN THE REPORT IS EXEMPT FROM DISCLO-
 SURE UNDER THE FREEDOM OF INFORMATION LAW, A STATEMENT  THAT  IDENTIFIES
 SUCH DATA AND INFORMATION; AND
   (5)  FOR NON-PUBLIC, SAFETY-RELATED DATA AND INFORMATION CONSIDERED IN
 REACHING A CONCLUSION OF GRAS STATUS, AN EXPLANATION OF HOW THERE  COULD
 BE  A  BASIS FOR A CONCLUSION OF GRAS STATUS IF QUALIFIED EXPERTS DO NOT
 HAVE ACCESS TO SUCH DATA AND INFORMATION.
   (VII) A LIST OF THE GENERALLY AVAILABLE DATA, INFORMATION, AND METHODS
 THE NOTIFIER CITES IN THE GRAS NOTICE, INCLUDING:
   (1) A LIST OF ALL OF THE DATA AND INFORMATION REQUIRED BY SUBPARAGRAPH
 (VI) OF THIS PARAGRAPH TO PROVIDE A BASIS FOR DETERMINING THAT THE NOTI-
 FIED SUBSTANCE IS SAFE UNDER THE CONDITIONS  OF  ITS  INTENDED  USE,  AS
 DESCRIBED  IN  ACCORDANCE  WITH  CLAUSE ONE OF SUBPARAGRAPH (VI) OF THIS
 PARAGRAPH; AND
   (2) IDENTIFICATION OF SPECIFIC DATA AND INFORMATION LISTED IN  ACCORD-
 ANCE  WITH  CLAUSE ONE OF THIS SUBPARAGRAPH THAT ARE GENERALLY AVAILABLE
 AND NOT GENERALLY AVAILABLE.
   (VIII) ANY PREVIOUS GRAS SUBSTANCE NOTICES SUBMITTED  TO  THE  FEDERAL
 FOOD  AND  DRUG ADMINISTRATION ON THE REPORTED SUBSTANCE AND THE FEDERAL
 FOOD AND DRUG ADMINISTRATION'S RESPONSES.
   (IX) ALL RELEVANT CURRENTLY AVAILABLE SAFETY INFORMATION.
   2. THE FOLLOWING SUBSTANCES ARE EXEMPT FROM THE REPORTING REQUIREMENTS
 OF SUBDIVISION ONE OF THIS SECTION:
   A. ANY GRAS SUBSTANCE FOR WHICH THE FEDERAL  FOOD  AND  DRUG  ADMINIS-
 TRATION  HAS RECEIVED A GRAS NOTICE AND ISSUED A LETTER STATING THAT THE
 A. 1556                             6
 
 FEDERAL FOOD AND DRUG ADMINISTRATION  HAS  NO  QUESTIONS  REGARDING  THE
 CONCLUSION  THAT THE SUBSTANCE IS GENERALLY RECOGNIZED AS SAFE UNDER ITS
 INTENDED CONDITIONS OF USE;
   B.  ANY  SUBSTANCES  RECOGNIZED  IN FEDERAL REGULATIONS AS PRIOR SANC-
 TIONED OR GRAS SUBSTANCES FOR USE IN FOOD OR FOOD PACKAGING;
   C. ANY FOOD CONTACT SUBSTANCE FOR WHICH THERE IS AN EFFECTIVE  PREMAR-
 KET NOTIFICATION DEMONSTRATING SAFETY FOR ITS INTENDED USE;
   D. ANY SUBSTANCES SUBJECT TO REGULATION APPROVING ITS INTENDED USE FOR
 FOOD;
   E. A FOOD INGREDIENT OF NATURAL BIOLOGICAL ORIGIN THAT HAS BEEN WIDELY
 CONSUMED FOR ITS NUTRIENT PROPERTIES IN THE UNITED STATES PRIOR TO JANU-
 ARY  FIRST,  NINETEEN  HUNDRED  FIFTY-EIGHT  WITHOUT  KNOWN  DETRIMENTAL
 EFFECTS, WHICH IS SUBJECT ONLY TO CONVENTIONAL PROCESSING  AS  PRACTICED
 PRIOR  TO  JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT, AND FOR WHICH NO
 KNOWN SAFETY HAZARD EXISTS;
   F. ANY SUBSTANCE FOR WHICH THE FEDERAL FOOD  AND  DRUG  ADMINISTRATION
 HAS  RECEIVED  A NEW DIETARY INGREDIENT NOTIFICATION AND ISSUED A LETTER
 OF ACKNOWLEDGEMENT WITHOUT OBJECTION THAT THE SUBSTANCE  IS  SAFE  UNDER
 ITS NOTIFICATION'S INTENDED CONDITIONS OF USE; AND
   G.  ANY  SUBSTANCE DETERMINED SAFE TO BE ADDED TO FOODS BY THE COMMIS-
 SIONER THROUGH RULEMAKING.
   3. ANY PERSON MAY  FILE  A  REPORT  TO  THE  COMMISSIONER  UNDER  THIS
 SECTION.
   4. A SMALL BUSINESS, DEFINED AS A BUSINESS THAT IS INDEPENDENTLY OWNED
 AND  OPERATED AND EMPLOYS TEN OR FEWER PERSONS, SHALL BE EXEMPT FROM THE
 REQUIREMENTS OF THIS SECTION.
   5. DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL BE  BASED
 ON  PUBLICLY  AVAILABLE  INFORMATION  AND  SHALL  NOT  BE BASED ON TRADE
 SECRETS.
   § 6. Section 199-b of the agriculture and markets law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5. THE COMMISSIONER:
   A.  SHALL MAKE REPORTS SUBMITTED PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-NINE-G OF THIS ARTICLE AVAILABLE TO THE PUBLIC IN A DATABASE  ON  ITS
 WEBSITE. THE DATABASE SHALL:
   (I) BE SEARCHABLE BY MEMBERS OF THE PUBLIC;
   (II) ENABLE CONSUMERS TO DOWNLOAD AND PRINT DISPLAYED INFORMATION; AND
   (III) ACCOMMODATE REASONABLY ANTICIPATED AND ACTUAL PUBLIC USE.
   B.  SHALL  REDACT FROM THE PUBLIC REPORT ANY INFORMATION THAT HAS BEEN
 DESIGNATED BY THE SUBMITTER AS A TRADE SECRET, PROVIDED,  HOWEVER,  THAT
 DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL NOT BE REDACT-
 ED;
   C. SHALL UPDATE THE DATABASE WITH ANY NEW INFORMATION THAT THE COMMIS-
 SIONER RECEIVES RELATING TO THE SAFETY OF THE GRAS SUBSTANCE;
   D.  MAY REFUSE TO LIST A GRAS SUBSTANCE IF THE COMMISSIONER DETERMINES
 THE REPORT DOES NOT CONTAIN THE  INFORMATION  REQUIRED  BY  SECTION  ONE
 HUNDRED NINETY-NINE-G OF THIS ARTICLE;
   E.  SHALL  PROVIDE  AN  INTERIM  PROGRESS REPORT CONCERNING EFFORTS TO
 DEVELOP AND IMPLEMENT THE DATABASE SYSTEM REQUIRED BY THIS  SUBDIVISION,
 WHICH SHALL INCLUDE:
   (I) A PROJECTED COMPLETION DATE;
   (II)  A  DESCRIPTION OF OBSTACLES TO DEVELOPMENT AND IMPLEMENTATION OF
 THE DATABASE SYSTEM; AND
   (III) AN ESTIMATE OF THE COSTS TO COMPLETE THE IMPLEMENTATION  OF  THE
 DATABASE SYSTEM; AND
 A. 1556                             7
 
   F.  MAY  CHARGE  A FEE TO THE REPORTER OF A GRAS SUBSTANCE IN ORDER TO
 RECOVER THE COSTS INCURRED IN LISTING SUCH GRAS SUBSTANCE AND  MAINTAIN-
 ING THE DATABASE.
   §  7.  The second undesignated paragraph of section 202-c of the agri-
 culture and markets law, as amended by chapter 671 of the laws of  1966,
 is amended to read as follows:
   The  commissioner may institute such action at law or in equity as may
 appear necessary to enforce compliance with sections one  hundred  nine-
 ty-nine-a, ONE HUNDRED NINETY-NINE-G, two hundred and two hundred one of
 this  article,  and  any rule or order respecting a GRAS SUBSTANCE, food
 additive, or color additive promulgated pursuant to sections one hundred
 ninety-nine-b and two hundred fourteen-b of this article and,  in  addi-
 tion  to any other remedy under this chapter or otherwise, may apply for
 relief by injunction  to  protect  the  public  interest  without  being
 compelled  to  allege  or  prove that an adequate remedy at law does not
 exist. In an action instituted by the commissioner to enforce compliance
 with said sections  one  hundred  ninety-nine-a,  two  hundred  and  two
 hundred  one  the  commissioner  shall not be required to prove that the
 food, food additive or color additive  mentioned  in  the  complaint  is
 unsafe  and the claim or defense of the defendant as to its safety shall
 be immaterial, provided, however, that the recognition  by  the  federal
 food  and  drug  administration  of a food additive or color additive as
 safe may be alleged as a proper defense.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1556--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M. of A. KELLES, COLTON, EPSTEIN, GIBBS, GLICK, JACKSON,
   LEE, LEVENBERG, RAGA, REYES, ROSENTHAL,  SAYEGH,  SEAWRIGHT,  SHIMSKY,
   SIMON,  STECK, STIRPE, TAPIA, CLARK, P. CARROLL, HEVESI, TORRES, CRUZ,
   NORBER, DINOWITZ, KAY, LUNSFORD, GALLAGHER, SLATER, PAULIN,  BURROUGHS
   -- read once and referred to the Committee on Agriculture -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets law and the  education  law,
   in relation to enacting the "food safety and chemical disclosure act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "food safety and chemical disclosure act".
   §  2.    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 INTENDED FOR HUMAN CONSUMPTION.
   5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
 COMMENCING  ONE  YEAR  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  ANY  OF  THE  FOLLOWING
 SUBSTANCES AS FOOD ADDITIVES OR FOOD COLOR ADDITIVES OR ANY FOOD OR FOOD
 PRODUCT  CONTAINING  ANY  OF THE FOLLOWING SUBSTANCES INTENDED FOR HUMAN
 CONSUMPTION:
   (I) FD&C RED NO. 3;
   (II) POTASSIUM BROMATE; OR
   (III) PROPYLPARABEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01051-05-5
 A. 1556--B                          2
              

 
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  A  STORE  SHALL  BE PERMITTED TO SELL, DELIVER, DISTRIBUTE, HOLD,
 OFFER OR EXPOSE FOR SALE ANY FOOD OR FOOD PRODUCT CONTAINING ANY OF  THE
 SUBSTANCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UNTIL THE EXPIRA-
 TION DATE, "BEST BY" DATE, OR "SELL BY" DATE PRINTED ON THE PACKAGING OF
 THE  FOOD  OR FOOD PRODUCT BY THE MANUFACTURER OR PRODUCER, BUT NO LATER
 THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDED,
 HOWEVER, THAT:
   (I) THE STORE SELLS FOOD OR FOOD PRODUCTS AT RETAIL AND IS NOT  PRIMA-
 RILY ENGAGED IN THE SALE OF FOOD FOR CONSUMPTION ON THE PREMISES;
   (II)  THE STORE IS INDEPENDENTLY OWNED AND OPERATED BY A BUSINESS THAT
 EMPLOYS TEN OR FEWER PERSONS; AND
   (III) THE FOOD OR FOOD PRODUCT WAS ACQUIRED BY THE BUSINESS.
   (C) 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
 SUBSTANCES PROHIBITED IN THIS SUBDIVISION SHALL NOT BE DEEMED TO BE SAFE
 FOR  HUMAN  CONSUMPTION ON OR AFTER ONE YEAR AFTER THE EFFECTIVE DATE OF
 THIS SUBDIVISION.
   § 3. The education law is amended by adding a  new  section  915-a  to
 read as follows:
   §  915-A.  PROHIBITING  THE  SALE  OF FOODS CONTAINING SYNTHETIC COLOR
 ADDITIVES. 1. NO FOODS OR  BEVERAGES,  INCLUDING  COMPETITIVE  FOODS  AS
 DEFINED  UNDER  7  CFR  210.11(A)(2) AND MEALS REIMBURSED UNDER PROGRAMS
 AUTHORIZED BY THE FEDERAL RICHARD B. RUSSELL NATIONAL SCHOOL  LUNCH  ACT
 (PUBLIC  LAW  113-79)  AND  THE  FEDERAL CHILD NUTRITION ACT OF 1966 (42
 U.S.C. SEC. 1771 ET SEQ.), CONTAINING ANY OF  THE  FOLLOWING  SUBSTANCES
 SHALL BE SOLD IN ANY PUBLIC SCHOOL WITHIN THE STATE:
   A. FD&C RED NO. 3
   B. FD&C RED NO. 40
   C. FD&C BLUE NO. 1
   D. FD&C BLUE NO. 2
   E. FD&C GREEN NO. 3
   F. FD&C YELLOW NO. 5
   G. FD&C YELLOW NO. 6
   2.  A  SCHOOL  MAY  PERMIT THE SALE OF FOODS AND BEVERAGES THAT DO NOT
 COMPLY WITH SUBDIVISION ONE OF THIS SECTION IF THE SALE  OF  SUCH  ITEMS
 TAKES PLACE EITHER:
   A. OFF AND AWAY FROM THE PREMISES OF THE SCHOOL; OR
   B.  ON  SCHOOL  PREMISES  AT  LEAST ONE-HALF HOUR AFTER THE END OF THE
 SCHOOL DAY.
   § 4. Section 198 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 7-a to read as follows:
   7-A.  FOR  PURPOSES OF THIS SECTION, THE TERM "GENERALLY RECOGNIZED AS
 SAFE SUBSTANCE" OR "GRAS SUBSTANCE" MEANS ANY SUBSTANCE  ADDED  TO  FOOD
 THAT  IS  EXEMPTED FROM THE DEFINITION OF "FOOD ADDITIVE" UNDER SUBDIVI-
 SION SEVEN OF THIS SECTION BECAUSE IT  IS  GENERALLY  RECOGNIZED,  AMONG
 EXPERTS  QUALIFIED BY SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE ITS
 SAFETY, AS HAVING BEEN ADEQUATELY SHOWN TO BE SAFE UNDER THE  CONDITIONS
 OF ITS INTENDED USE:
   (A)  EITHER  THROUGH SCIENTIFIC PROCEDURES USING THE SAME QUANTITY AND
 QUALITY OF SCIENTIFIC EVIDENCE AS IS REQUIRED TO OBTAIN APPROVAL OF  THE
 SUBSTANCE AS A FOOD ADDITIVE; OR
   (B)  FOR  A  SUBSTANCE  USED  IN FOOD PRIOR TO JANUARY FIRST, NINETEEN
 HUNDRED FIFTY-EIGHT, THROUGH EXPERIENCE BASED ON COMMON USE IN FOOD.
 A. 1556--B                          3

   § 5. Subdivision 4 of section 199-a of  the  agriculture  and  markets
 law,  as  amended by chapter 671 of the laws of 1966, is amended to read
 as follows:
   4.  All  data  submitted to the commissioner in support of the FOOD OR
 COLOR ADDITIVES report under this section shall be considered  confiden-
 tial  by  the commissioner and shall not be revealed to any person other
 than to a person authorized by the commissioner in  the  performance  of
 [his]  THEIR  official  duties  under this article. In case of an actual
 controversy as to the validity of an order or decision  of  the  commis-
 sioner  respecting  the  test  data  or  report in which a proceeding to
 review has been instituted as authorized by section two hundred two-c of
 this article the petition, data and report shall be transmitted  by  the
 commissioner to the clerk of the court in which the review proceeding is
 instituted,  together  with  a  record  of  the proceedings on which the
 commissioner based [his] THE order or  decision,  and  such  transmittal
 shall  not  be  construed to be a violation of confidence.  Subdivisions
 two and three of this section shall not apply to food additives or color
 additives which are safe within the meaning of the  federal  food,  drug
 and cosmetic act as amended.
   §  6.  The  agriculture  and  markets  law  is amended by adding a new
 section 199-g to read as follows:
   § 199-G. REPORTING OF GRAS SUBSTANCES. 1. A.  EXCEPT  AS  PROVIDED  IN
 SUBDIVISION  TWO OF THIS SECTION, UNLESS A REPORT DESCRIBED IN PARAGRAPH
 B OF THIS SUBDIVISION HAS BEEN SUBMITTED TO THE  COMMISSIONER  AND  SUCH
 REPORT  IS  MADE AVAILABLE IN THE DATABASE DESCRIBED IN SUBDIVISION FIVE
 OF SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE, AND  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR
 ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO:
   (I)  SELL OR OFFER OR EXPOSE FOR SALE FOR USE IN OR ON FOOD, OR TO USE
 IN THE MANUFACTURING, COMPOUNDING, BREWING,  DISTILLING,  PRODUCING,  OR
 PROCESSING  OF  ANY FOOD OR FOOD PRODUCT, ANY GRAS SUBSTANCE OR COMBINA-
 TION OF GRAS SUBSTANCES;
   (II) MAKE ANY NEW USE OF ANY GRAS SUBSTANCE  OR  COMBINATION  OF  GRAS
 SUBSTANCES IN OR ON FOOD; OR
   (III)  SELL  OR  OFFER  OR  EXPOSE  FOR  SALE ANY FOOD OR FOOD PRODUCT
 CONTAINING ANY GRAS SUBSTANCE OR COMBINATION OF GRAS SUBSTANCES.
   B. THE REPORT REQUIRED PURSUANT TO PARAGRAPH  A  OF  THIS  SUBDIVISION
 SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
   (I) SIGNED STATEMENTS AND A CERTIFICATION, INCLUDING:
   (1)  THE  DATE AND SIGNATURE OF A RESPONSIBLE OFFICIAL OF THE REPORTER
 OR REPORTING ORGANIZATION;
   (2) THE NAME AND ADDRESS OF THE REPORTER OR REPORTING ORGANIZATION;
   (3) THE NAME OF ANY GRAS SUBSTANCES DISCUSSED IN THE REPORT, USING  AN
 APPROPRIATELY DESCRIPTIVE TERM;
   (4) INTENDED CONDITIONS FOR THE USE OF ANY GRAS SUBSTANCE DISCUSSED IN
 THE REPORT, INCLUDING THE FOODS IN WHICH THE SUBSTANCE WILL BE USED, THE
 LEVELS  OF  SUCH  USE  IN  SUCH  FOODS,  AND  THE PURPOSES FOR WHICH THE
 SUBSTANCE WILL BE USED, INCLUDING, WHEN APPROPRIATE,  A  DESCRIPTION  OF
 ANY SUBPOPULATION EXPECTED TO CONSUME SUCH GRAS SUBSTANCE OR SUBSTANCES;
   (5) THE STATUTORY BASIS FOR THE CONCLUSION OF GRAS STATUS;
   (6)  A  STATEMENT  THAT  THE  REPORTED SUBSTANCE IS NOT SUBJECT TO THE
 PREMARKET APPROVAL REQUIREMENTS OF THE FEDERAL FOOD, DRUG, AND  COSMETIC
 ACT  BASED  ON  THE CONCLUSION THAT THE NOTIFIED SUBSTANCE IS GRAS UNDER
 THE CONDITIONS OF ITS INTENDED USE;
   (7) A STATEMENT THAT, IF ASKED TO SEE THE DATA  AND  INFORMATION  THAT
 ARE THE BASIS FOR THE GRAS CONCLUSION, THE REPORTER WILL AGREE TO:
 A. 1556--B                          4

   (A) MAKE THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER; AND
   (B)  UPON THE COMMISSIONER'S REQUEST, BOTH OF THE FOLLOWING PROCEDURES
 FOR MAKING THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER:
   (I) ALLOW THE COMMISSIONER TO REVIEW AND COPY THE DATA AND INFORMATION
 DURING CUSTOMARY BUSINESS HOURS AT THE ADDRESS SPECIFIED FOR WHERE THESE
 DATA AND INFORMATION WILL BE AVAILABLE; AND
   (II) PROVIDE A COMPLETE COPY OF THE DATA AND INFORMATION EITHER IN  AN
 ELECTRONIC FORMAT OR ON PAPER;
   (8)  VIEWS  AS  TO WHETHER ANY OF THE DATA AND INFORMATION IN THE GRAS
 REPORT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW;
   (9) CERTIFICATIONS THAT, TO THE BEST OF THE REPORTER'S KNOWLEDGE,  THE
 GRAS  REPORT IS A COMPLETE, REPRESENTATIVE, AND BALANCED SUBMISSION THAT
 INCLUDES BOTH UNFAVORABLE AND FAVORABLE INFORMATION KNOWN TO THE  REPOR-
 TER AND PERTINENT TO THE EVALUATION OF THE SAFETY AND GRAS STATUS OF THE
 USE OF THE SUBSTANCE; AND
   (10)  THE  NAME AND POSITION OR TITLE OF THE PERSON WHO SIGNS THE GRAS
 REPORT.
   (II) THE IDENTITY, METHOD OF MANUFACTURE, SPECIFICATIONS, AND PHYSICAL
 OR TECHNICAL EFFECT OF THE NOTIFIED SUBSTANCE, INCLUDING:
   (1)  SCIENTIFIC  DATA  AND  INFORMATION  THAT  IDENTIFIES   THE   GRAS
 SUBSTANCE, INCLUDING:
   (A)  EXAMPLES OF APPROPRIATE DATA AND INFORMATION INCLUDING THE CHEMI-
 CAL NAME, APPLICABLE REGISTRY NUMBERS  (SUCH  AS  A  CHEMICAL  ABSTRACTS
 SERVICE  (CAS)  REGISTRY  NUMBER  OR  AN ENZYME COMMISSION (EC) NUMBER),
 EMPIRICAL FORMULA, STRUCTURAL  FORMULA,  QUANTITATIVE  COMPOSITION,  AND
 CHARACTERISTIC PROPERTIES; AND
   (B)  WHEN THE SOURCE OF A NOTIFIED SUBSTANCE IS A BIOLOGICAL MATERIAL,
 DATA AND INFORMATION SUFFICIENT TO IDENTIFY:
   (I) THE TAXONOMIC SOURCE (E.G., GENUS, SPECIES) OF THE GRAS SUBSTANCE,
 INCLUDING, AS APPLICABLE, DATA AND INFORMATION AT THE SUB-SPECIES  LEVEL
 (E.G., VARIETY, STRAIN);
   (II)  THE  PART  OF ANY PLANT OR ANIMAL USED AS THE SOURCE OF THE GRAS
 SUBSTANCE; AND
   (III) ANY KNOWN TOXICANTS THAT COULD BE IN  THE  SOURCE  OF  THE  GRAS
 SUBSTANCE;
   (2)  A  DESCRIPTION OF THE METHOD OF MANUFACTURE OF THE GRAS SUBSTANCE
 IN SUFFICIENT DETAIL TO EVALUATE THE SAFETY OF THE NOTIFIED SUBSTANCE AS
 MANUFACTURED;
   (3) SPECIFICATIONS FOR FOOD-GRADE MATERIAL; AND
   (4) WHEN NECESSARY TO DEMONSTRATE SAFETY, RELEVANT DATA  AND  INFORMA-
 TION  BEARING  ON  THE  PHYSICAL  OR  OTHER  TECHNICAL  EFFECT  THE GRAS
 SUBSTANCE IS INTENDED TO PRODUCE, INCLUDING THE  QUANTITY  OF  THE  GRAS
 SUBSTANCE REQUIRED TO PRODUCE SUCH EFFECT.
   (III)  DIETARY  EXPOSURE TO THE NOTIFIED SUBSTANCE, INCLUDING INFORMA-
 TION ABOUT DIETARY EXPOSURE (I.E., THE  AMOUNT  OF  RELEVANT  SUBSTANCES
 THAT  CONSUMERS  ARE  LIKELY  TO  EAT OR DRINK AS PART OF A TOTAL DIET),
 INCLUDING:
   (1) AN ESTIMATE OF DIETARY EXPOSURE TO  THE  NOTIFIED  SUBSTANCE  THAT
 INCLUDES EXPOSURE FROM ITS INTENDED USE AND ALL SOURCES IN THE DIET;
   (2)  WHEN  APPLICABLE,  AN  ESTIMATE  OF DIETARY EXPOSURE TO ANY OTHER
 SUBSTANCE THAT IS EXPECTED TO BE FORMED IN OR ON FOOD BECAUSE OF THE USE
 OF  THE  NOTIFIED  SUBSTANCE  (E.G.,  HYDROLYTIC  PRODUCTS  OR  REACTION
 PRODUCTS);
   (3)  WHEN  APPLICABLE,  AN  ESTIMATE  OF DIETARY EXPOSURE TO ANY OTHER
 SUBSTANCE THAT IS PRESENT WITH THE NOTIFIED SUBSTANCE  EITHER  NATURALLY
 OR DUE TO ITS MANUFACTURE (E.G., CONTAMINANTS OR BY-PRODUCTS);
 A. 1556--B                          5
 
   (4)  SOURCES  OF  ANY  FOOD  CONSUMPTION DATA USED TO ESTIMATE DIETARY
 EXPOSURE, IN ACCORDANCE WITH CLAUSES ONE THROUGH THREE OF THIS  SUBPARA-
 GRAPH; AND
   (5)  ANY  ASSUMPTIONS MADE TO ESTIMATE DIETARY EXPOSURE, IN ACCORDANCE
 WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARAGRAPH.
   (IV) SELF-LIMITING LEVELS OF USE IN CIRCUMSTANCES WHERE THE AMOUNT  OF
 THE NOTIFIED SUBSTANCE THAT CAN BE ADDED TO HUMAN FOOD OR ANIMAL FOOD IS
 LIMITED  BECAUSE  THE  FOOD  CONTAINING LEVELS OF THE NOTIFIED SUBSTANCE
 ABOVE A PARTICULAR LEVEL WOULD  BECOME  UNPALATABLE  OR  TECHNOLOGICALLY
 IMPRACTICAL.
   (V) IF THE STATUTORY BASIS FOR GRAS STATUS IS THROUGH EXPERIENCE BASED
 ON  COMMON USE IN FOOD, EVIDENCE OF A SUBSTANTIAL HISTORY OF CONSUMPTION
 OF THE NOTIFIED SUBSTANCE FOR  FOOD  USE  BY  A  SIGNIFICANT  NUMBER  OF
 CONSUMERS PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT.
   (VI)  A  NARRATIVE  THAT PROVIDES THE BASIS FOR THE CONCLUSION OF GRAS
 STATUS, INCLUDING:
   (1) AN EXPLANATION FOR WHY THE DATA  AND  INFORMATION  IN  THE  REPORT
 PROVIDE A BASIS FOR THAT THE NOTIFIED SUBSTANCE IS SAFE UNDER THE CONDI-
 TIONS  OF ITS INTENDED USE. SUCH EXPLANATION SHALL ADDRESS THE SAFETY OF
 THE NOTIFIED SUBSTANCE, CONSIDERING ALL DIETARY SOURCES AND TAKING  INTO
 ACCOUNT  ANY  CHEMICALLY OR PHARMACOLOGICALLY RELATED SUBSTANCES IN SUCH
 DIET, AND IDENTIFY WHAT  SPECIFIC  DATA  AND  INFORMATION  DISCUSSED  IN
 ACCORDANCE  WITH  THIS  CLAUSE ARE GENERALLY AVAILABLE AND NOT GENERALLY
 AVAILABLE, BY PROVIDING CITATIONS TO THE LIST OF  DATA  AND  INFORMATION
 REQUIRED IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
   (2) AN EXPLANATION OF HOW THE GENERALLY AVAILABLE DATA AND INFORMATION
 RELIED  ON  TO  ESTABLISH  SAFETY  IN ACCORDANCE WITH CLAUSE ONE OF THIS
 SUBPARAGRAPH PROVIDES A BASIS  FOR  THE  CONCLUSION  THAT  THE  REPORTED
 SUBSTANCE  IS  GENERALLY RECOGNIZED, AMONG QUALIFIED EXPERTS, TO BE SAFE
 UNDER THE CONDITIONS OF ITS INTENDED USE;
   (3) EITHER:
   (A) DATA AND INFORMATION THAT ARE, OR MAY APPEAR TO  BE,  INCONSISTENT
 WITH THE CONCLUSION OF GRAS STATUS; OR
   (B)  A  STATEMENT THAT THE AVAILABLE DATA AND INFORMATION WAS REVIEWED
 AND THE REPORTER IS NOT AWARE OF ANY DATA AND INFORMATION THAT  ARE,  OR
 MAY APPEAR TO BE, INCONSISTENT WITH THE CONCLUSION OF GRAS STATUS;
   (4)  IF  ANY DATA AND INFORMATION IN THE REPORT IS EXEMPT FROM DISCLO-
 SURE UNDER THE FREEDOM OF INFORMATION LAW, A STATEMENT  THAT  IDENTIFIES
 SUCH DATA AND INFORMATION; AND
   (5)  FOR NON-PUBLIC, SAFETY-RELATED DATA AND INFORMATION CONSIDERED IN
 REACHING A CONCLUSION OF GRAS STATUS, AN EXPLANATION OF HOW THERE  COULD
 BE  A  BASIS FOR A CONCLUSION OF GRAS STATUS IF QUALIFIED EXPERTS DO NOT
 HAVE ACCESS TO SUCH DATA AND INFORMATION.
   (VII) A LIST OF THE GENERALLY AVAILABLE DATA, INFORMATION, AND METHODS
 THE NOTIFIER CITES IN THE GRAS NOTICE, INCLUDING:
   (1) A LIST OF ALL OF THE DATA AND INFORMATION REQUIRED BY SUBPARAGRAPH
 (VI) OF THIS PARAGRAPH TO PROVIDE A BASIS FOR DETERMINING THAT THE NOTI-
 FIED SUBSTANCE IS SAFE UNDER THE CONDITIONS  OF  ITS  INTENDED  USE,  AS
 DESCRIBED  IN  ACCORDANCE  WITH  CLAUSE ONE OF SUBPARAGRAPH (VI) OF THIS
 PARAGRAPH; AND
   (2) IDENTIFICATION OF SPECIFIC DATA AND INFORMATION LISTED IN  ACCORD-
 ANCE  WITH  CLAUSE ONE OF THIS SUBPARAGRAPH THAT ARE GENERALLY AVAILABLE
 AND NOT GENERALLY AVAILABLE.
   (VIII) ANY PREVIOUS GRAS SUBSTANCE NOTICES SUBMITTED  TO  THE  FEDERAL
 FOOD  AND  DRUG ADMINISTRATION ON THE REPORTED SUBSTANCE AND THE FEDERAL
 FOOD AND DRUG ADMINISTRATION'S RESPONSES.
 A. 1556--B                          6
 
   (IX) ALL RELEVANT CURRENTLY AVAILABLE SAFETY INFORMATION.
   2. THE FOLLOWING SUBSTANCES ARE EXEMPT FROM THE REPORTING REQUIREMENTS
 OF SUBDIVISION ONE OF THIS SECTION:
   A.  ANY  GRAS  SUBSTANCE  FOR WHICH THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION HAS RECEIVED A GRAS NOTICE AND ISSUED A LETTER STATING THAT  THE
 FEDERAL  FOOD  AND  DRUG  ADMINISTRATION  HAS NO QUESTIONS REGARDING THE
 CONCLUSION THAT THE SUBSTANCE IS GENERALLY RECOGNIZED AS SAFE UNDER  ITS
 INTENDED CONDITIONS OF USE;
   B.  ANY  SUBSTANCES  RECOGNIZED  IN FEDERAL REGULATIONS AS PRIOR SANC-
 TIONED OR GRAS SUBSTANCES FOR USE IN FOOD OR FOOD PACKAGING;
   C. ANY FOOD CONTACT SUBSTANCE FOR WHICH THERE IS AN EFFECTIVE  PREMAR-
 KET NOTIFICATION DEMONSTRATING SAFETY FOR ITS INTENDED USE;
   D. ANY SUBSTANCES SUBJECT TO REGULATION APPROVING ITS INTENDED USE FOR
 FOOD;
   E. A FOOD INGREDIENT OF NATURAL BIOLOGICAL ORIGIN THAT HAS BEEN WIDELY
 CONSUMED FOR ITS NUTRIENT PROPERTIES IN THE UNITED STATES PRIOR TO JANU-
 ARY  FIRST,  NINETEEN  HUNDRED  FIFTY-EIGHT  WITHOUT  KNOWN  DETRIMENTAL
 EFFECTS, WHICH IS SUBJECT ONLY TO CONVENTIONAL PROCESSING  AS  PRACTICED
 PRIOR  TO  JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT, AND FOR WHICH NO
 KNOWN SAFETY HAZARD EXISTS;
   F. ANY SUBSTANCE FOR WHICH THE FEDERAL FOOD  AND  DRUG  ADMINISTRATION
 HAS  RECEIVED  A NEW DIETARY INGREDIENT NOTIFICATION AND ISSUED A LETTER
 OF ACKNOWLEDGEMENT WITHOUT OBJECTION THAT THE SUBSTANCE  IS  SAFE  UNDER
 ITS NOTIFICATION'S INTENDED CONDITIONS OF USE; AND
   G.  ANY  SUBSTANCE DETERMINED SAFE TO BE ADDED TO FOODS BY THE COMMIS-
 SIONER THROUGH RULEMAKING.
   3. ANY PERSON MAY  FILE  A  REPORT  TO  THE  COMMISSIONER  UNDER  THIS
 SECTION.
   4. A SMALL BUSINESS, DEFINED AS A BUSINESS THAT IS INDEPENDENTLY OWNED
 AND  OPERATED AND EMPLOYS TEN OR FEWER PERSONS, SHALL BE EXEMPT FROM THE
 REQUIREMENTS OF THIS SECTION.
   5. DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL BE  BASED
 ON  PUBLICLY  AVAILABLE  INFORMATION  AND  SHALL  NOT  BE BASED ON TRADE
 SECRETS.
   § 7. Section 199-b of the agriculture and markets law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5. THE COMMISSIONER:
   A.  SHALL MAKE REPORTS SUBMITTED PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-NINE-G OF THIS ARTICLE AVAILABLE TO THE PUBLIC IN A DATABASE  ON  ITS
 WEBSITE. THE DATABASE SHALL:
   (I) BE SEARCHABLE BY MEMBERS OF THE PUBLIC;
   (II) ENABLE CONSUMERS TO DOWNLOAD AND PRINT DISPLAYED INFORMATION; AND
   (III) ACCOMMODATE REASONABLY ANTICIPATED AND ACTUAL PUBLIC USE.
   B.  SHALL  REDACT FROM THE PUBLIC REPORT ANY INFORMATION THAT HAS BEEN
 DESIGNATED BY THE SUBMITTER AS A TRADE SECRET, PROVIDED,  HOWEVER,  THAT
 DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL NOT BE REDACT-
 ED;
   C. SHALL UPDATE THE DATABASE WITH ANY NEW INFORMATION THAT THE COMMIS-
 SIONER RECEIVES RELATING TO THE SAFETY OF THE GRAS SUBSTANCE;
   D.  MAY REFUSE TO LIST A GRAS SUBSTANCE IF THE COMMISSIONER DETERMINES
 THE REPORT DOES NOT CONTAIN THE  INFORMATION  REQUIRED  BY  SECTION  ONE
 HUNDRED NINETY-NINE-G OF THIS ARTICLE;
   E.  SHALL  PROVIDE  AN  INTERIM  PROGRESS REPORT CONCERNING EFFORTS TO
 DEVELOP AND IMPLEMENT THE DATABASE SYSTEM REQUIRED BY THIS  SUBDIVISION,
 WHICH SHALL INCLUDE:
   (I) A PROJECTED COMPLETION DATE;
 A. 1556--B                          7
 
   (II)  A  DESCRIPTION OF OBSTACLES TO DEVELOPMENT AND IMPLEMENTATION OF
 THE DATABASE SYSTEM; AND
   (III)  AN  ESTIMATE OF THE COSTS TO COMPLETE THE IMPLEMENTATION OF THE
 DATABASE SYSTEM; AND
   F. MAY CHARGE A FEE TO THE REPORTER OF A GRAS SUBSTANCE  IN  ORDER  TO
 RECOVER  THE COSTS INCURRED IN LISTING SUCH GRAS SUBSTANCE AND MAINTAIN-
 ING THE DATABASE.
   § 8. The second undesignated paragraph of section 202-c of  the  agri-
 culture  and markets law, as amended by chapter 671 of the laws of 1966,
 is amended to read as follows:
   The commissioner may institute such action at law or in equity as  may
 appear  necessary  to enforce compliance with sections one hundred nine-
 ty-nine-a, ONE HUNDRED NINETY-NINE-G, two hundred and two hundred one of
 this article, and any rule or order respecting a  GRAS  SUBSTANCE,  food
 additive, or color additive promulgated pursuant to sections one hundred
 ninety-nine-b  and  two hundred fourteen-b of this article and, in addi-
 tion to any other remedy under this chapter or otherwise, may apply  for
 relief  by  injunction  to  protect  the  public  interest without being
 compelled to allege or prove that an adequate remedy  at  law  does  not
 exist. In an action instituted by the commissioner to enforce compliance
 with  said  sections  one  hundred  ninety-nine-a,  two  hundred and two
 hundred one the commissioner shall not be required  to  prove  that  the
 food,  food  additive  or  color  additive mentioned in the complaint is
 unsafe and the claim or defense of the defendant as to its safety  shall
 be  immaterial,  provided,  however, that the recognition by the federal
 food and drug administration of a food additive  or  color  additive  as
 safe may be alleged as a proper defense.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.