BILL NUMBER: S1239E
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to enacting
the "food safety and chemical disclosure act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the use of certain harmful substances as food additives in
the manufacture and commercial distribution of food products and require
companies to disclose their secret "Generally Recognized as Safe" (GRAS)
food ingredients to the public.
 
SUMMARY OF PROVISIONS:
Section one names the bill "Food Safety and Chemical Disclosure Act."
Section two amends the agriculture and markets law section 199-a to add
a new subdivision 5 to prohibit the use of the food additives FD&C Red
3, potassium bromate and propylparaben; provides an exemption for small
businesses for three years; provides that any action by the commissioner
to enforce compliance, FDA recognition of a substance shall not be a
defense.
Section three amends section 198 of the agriculture and markets law by
adding a new subdivision 7-a defining "generally recognized as safe
substance" or "GRAS substance" as any substance that is not included
under the definition of "food additive" because it is generally recog-
nized, either among experts qualified by scientific training or by expe-
rience as having been adequately shown to be safe under the conditions
of its intended use.
Section four amends subdivision 4 of section 199-a of the agriculture
and markets law to clarify the section refers to the "food and color
additives" report submitted to the commissioner.
Section five amends the agriculture and markets law by adding new
section 199-g which makes it unlawful to sell or offer or expose to sale
or make any new use of any GRAS substance or combination of GRAS
substances unless a report has been submitted to the commissioner and is
included in a database; specifies what must be included in the report,
including: 1) certain characteristics of the data and information being
used as the basis for the manufacturer's conclusion that the substance
is GRAS, and 2) a statement about any information the manufacturer may
be withholding as exempt from disclosure under the Freedom of Informa-
tion Law; exempts certain GRAS substances and exempts small businesses;
provides that data establishing GRAS shall be publicly available and
cannot be based on trade secrets.
Section six amends section 199-b of the agriculture and markets law by
adding a new subdivision 5 to require the commissioner to make the
information set forth by new section 199-g available to the public in a
database available on its website; allows for redacting from public
reports information designated by the submitter as trade secrets;
requires the commissioner to update the database with any new informa-
tion related to the safety of GRAS substance and empowers them to refuse
to list a GRAS substance if the submitters report does not contain the
required information.
Section seven amends the second undesignated paragraph of section 202-c
of the agriculture and market law to include, under the commissioner's
existing enforcement powers, the new section 199-g and any rule or order
respecting a GRAS substance.
Section eight sets forth the effective date. D -Print:
*Pushes out by an additional year the date after which the ban on the 3
food additives applies;
*clarifies that food service establishments, food relief organizations,
supermarkets, grocery stores, speciality food stores, farmers markets,
and any other vendors selling food at a retail directly to the public on
premises may sell items covered by this chapter until the expiration
date printed on the packing for up to 3 years from the effective date of
this act, provided that such food or product was acquired for sale with-
in the state by the vendor on or before the effective date of this para-
graph;
*increases the size of small business explicitly exempted from GRAS
reporting requirements from businesses with 10 or fewer to businesses
with 100 or fewer employees;
*provides that a GRAS report submitted pursuant to this chapter shall be
applicable to subsequent uses of a GRAS substance to be used under the
same conditions of intended use. E-Print:
*Makes technical change.
 
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 three of the most pervasive and
harmful food additives by prohibiting the manufacture or sale of food
containing any of the following: red dye 3 (linked to cancer and behav-
ioral problems in children), potassium bromate (linked to cancer) and
propylparabens (linked to hormone and reproductive system harm). This
bill is similar to the California Food Safety Act, enacted in 2023. The
European Union already prohibits the sale of food containing the
substances prohibited under this bill. At the same time, New Yorkers
deserve to know what they are consuming. Currently, under the Federal
Food, Drug, and Cosmetic Act, Generally Recognized As Safe, or GRAS,
allows for any substance that is intentionally added to food is a food
additive, that is subject to premarket review and approval by FDA,
unless the substance is "generally recognized", among qualified experts,
as having been adequately shown to be safe under conditions of its use.
Under this current definition, companies that don't have the consumer's
best interests in mind are not required to disclose to the FDA whether
their product contains a chemical that is safe for consumption or not.
These chemicals can pose serious health risks to the consumer. This
legislation allows New Yorkers to know what they are consuming and make
health conscious decisions as consumers by requiring that companies who
currently keep their GRAS confidential to report these ingredients to
the Commissioner of the Department of Agriculture and Markets and
requires the Commissioner to make this information publicly available.
 
PRIOR LEGISLATIVE HISTORY:
See S6055 and S8615 of 2023-2024
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take. effect one year after it shall have become a law;
provided, however, that paragraph (c) of subdivision 5 of section 199-a
of the agriculture and markets law as added by section two of this act
shall take effect immediately. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed by the commissioner of agriculture and markers on or
before such effective date.

Statutes affected:
S1239: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law
S1239A: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law
S1239B: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law
S1239C: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law
S1239D: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law
S1239E: 199-a agriculture and markets law, 198 agriculture and markets law, 199-a(4) agriculture and markets law, 199-b agriculture and markets law