S T A T E O F N E W Y O R K
________________________________________________________________________
6424--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 6, 2023
___________
Introduced by M. of A. KELLES, TAPIA, STECK, LEE, STIRPE, GLICK, SAYEGH,
EPSTEIN, GIBBS, L. ROSENTHAL, REYES, SIMON, JACKSON -- read once and
referred to the Committee on Agriculture -- recommitted to the Commit-
tee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting certain food additives and food color additives
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,
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:
(I) BROMINATED VEGETABLE OIL (BVO);
(II) POTASSIUM BROMATE;
(III) PROPYLPARABEN;
(IV) AZODICARBONAMIDE;
(V) BUTYLATED HYDROXYANISOLE (BHA);
(VI) RED DYE 3; AND
(VII) TITANIUM DIOXIDE.
(B) WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
COMMISSIONER SHALL AMEND THE EXEMPTION LIST MAINTAINED PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10205-09-4
A. 6424--A 2
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; PROVIDED, HOWEVER, DAIRY PRODUCTS CONTAINING TITANIUM
DIOXIDE SHALL BE INCLUDED ON THE EXEMPTION LIST MAINTAINED PURSUANT TO
SUCH SUBDIVISION THREE. IN AN ACTION INSTITUTED BY THE COMMISSIONER
UNDER SECTION TWO HUNDRED TWO-C OF THIS ARTICLE TO ENFORCE COMPLIANCE
WITH THIS SUBDIVISION OR ANY RULE OR ORDER PROMULGATED PURSUANT TO THIS
SUBDIVISION, THE RECOGNITION BY THE FEDERAL FOOD AND DRUG ADMINISTRATION
OF ANY OF THESE SUBSTANCES AS SAFE MAY NOT BE ALLEGED AS A DEFENSE.
§ 2. This act shall take effect immediately.