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Assembly Bill A6424A

2023-2024 Legislative Session

Prohibits certain food additives and food color additives

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2023-A6424 - Details

See Senate Version of this Bill:
S6055
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §199-a, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:
A1556, S1239

2023-A6424 - Summary

Prohibits certain food additives and food color additives; 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-A6424 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6424
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 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, ON
 OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, 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;
   (II) POTASSIUM BROMATE;
   (III) PROPYLPARABEN;
   (IV) RED DYE 3; AND
   (V) TITANIUM DIOXIDE.
   (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
 SUBSTANCES PROHIBITED IN THIS SUBDIVISION SHALL NOT BE DEEMED TO BE SAFE
 FOR  HUMAN  CONSUMPTION  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 FIVE. 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 ANY OF THESE
 SUBSTANCES AS SAFE MAY NOT BE ALLEGED AS A DEFENSE.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-A6424A (ACTIVE) - Details

See Senate Version of this Bill:
S6055
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §199-a, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:
A1556, S1239

2023-A6424A (ACTIVE) - Summary

Prohibits certain food additives and food color additives; 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-A6424A (ACTIVE) - Bill Text download pdf 

                             
                     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

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