BILL NUMBER: S6055B
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting certain food additives and food color additives
 
PURPOSE:
To prohibit the use of certain substances as food additives or color
additives in the manufacture and commercial distribution of food
products
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the agriculture and markets law to indi-
cate that the section addresses food additive and color additives, and
adds a new subdivision 5 to the section to prohibit the use of the
following substances as food additive or color additives in the state
one year after the effective date of this subdivision: brominated vege-
table oil (BVO), potassium bromate, propylparabens, red dye 3, azodicar-
bonamide, butylated hydroxyanisole (BHA), and titanium dioxide, however,
dairy products containing titanium dioxide shall be included on the
exemption list. This section of the bill also requires the commissioner
of agriculture and markets to amend an exemption list already provided
for in subdivision three of section 199-a, within thirty days of the
effective date of this subdivision, to indicate the new prohibitions and
states that recognition by the federal food and drug administration of
any of these substances as safe may not be alleged as a defense in an
enforcement action brought by the state under state law.
Section two of the bill sets forth the effective date.
 
JUSTIFICATION:
While the use of food additives to enhance the shelf life, taste, or
texture of various commercial food products is nothing new, the science
behind the health effects of increased consumption of such additives is
shedding new light on just how dangerous some of them can be. This
legislation protects New Yorkers from five of the most pervasive and
harmful food additives by prohibiting the manufacture or sale of food
containing any of the following: brominated vegetable oil (linked to
nervous system damage); potassium bromate (linked to cancer); propylpar-
abens (linked to hormone and reproductive system harm); red dye 3
(linked to cancer and behavioral problems in children); butylated
hydroxyanisoie (linked to cancer); azodicarbonamide (linked to cancer);
and titanium dioxide (linked to DNA damage and harm to the immune
system). This bill is similar to legislation that has been enacted in
California, and with the exception of the use of red dye 3 in candied
cherries, the European Union already prohibits the sale of food contain-
ing any one of these substances.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATION:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.