NY State Senate Bill 2023-S6055B

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2024	print number 6055b
Feb 22, 2024	amend and recommit to agriculture
Jan 03, 2024	referred to agriculture
Mar 29, 2023	print number 6055a
Mar 29, 2023	amend and recommit to agriculture
Mar 27, 2023	referred to agriculture

Bill Amendments

Original

B (Active)

2023-S6055 - Details

See Assembly Version of this Bill:: A6424
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §199-a, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:: S1239, A1556

2023-S6055 - 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-S6055 - Sponsor Memo

                                 
BILL NUMBER: S6055

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 on
or after January 1, 2025:brominated vegetable oil, potassium bromate,
propylparabens, red dye 3, or titanium dioxide. 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 section, 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); and titanium
dioxide (linked to DNA damage and harm to the immune system). This bill
is similar to legislation being considered 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 containing any one of these
substances.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6055 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6055
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed 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 SECTION, 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10205-04-3

co-Sponsors

2023-S6055A - Details

See Assembly Version of this Bill:: A6424
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §199-a, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:: S1239, A1556

2023-S6055A - Summary

2023-S6055A - Sponsor Memo

                                 
BILL NUMBER: S6055A

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 on
or after January 1, 2025:brominated vegetable oil, potassium bromate,
propylparabens, red dye 3, or titanium dioxide. 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); and titanium
dioxide (linked to DNA damage and harm to the immune system). This bill
is similar to legislation being considered 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 containing any one of these
substances.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6055A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6055--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10205-05-3

 S. 6055--A                          2
 
 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-S6055B (ACTIVE) - Details

See Assembly Version of this Bill:: A6424
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §199-a, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:: S1239, A1556

2023-S6055B (ACTIVE) - Summary

2023-S6055B (ACTIVE) - Sponsor Memo

                                 
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.

2023-S6055B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6055--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, KRUEGER -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Agriculture --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Agri-
   culture  in  accordance  with  Senate  Rule  6,  sec.  8  -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10205-10-4
 S. 6055--B                          2

 
   (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 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.

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Senate Bill S6055B

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

2023-S6055 - Details

2023-S6055 - Summary

2023-S6055 - Sponsor Memo

2023-S6055 - Bill Text download pdf

co-Sponsors

2023-S6055A - Details

2023-S6055A - Summary

2023-S6055A - Sponsor Memo

2023-S6055A - Bill Text download pdf

co-Sponsors

2023-S6055B (ACTIVE) - Details

2023-S6055B (ACTIVE) - Summary

2023-S6055B (ACTIVE) - Sponsor Memo

2023-S6055B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6055B

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

2023-S6055 - Details

2023-S6055 - Summary

2023-S6055 - Sponsor Memo

2023-S6055 - Bill Text download pdf

co-Sponsors

Liz Krueger

2023-S6055A - Details

2023-S6055A - Summary

2023-S6055A - Sponsor Memo

2023-S6055A - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

Brad Hoylman-Sigal

Liz Krueger

2023-S6055B (ACTIVE) - Details

2023-S6055B (ACTIVE) - Summary

2023-S6055B (ACTIVE) - Sponsor Memo

2023-S6055B (ACTIVE) - Bill Text download pdf

Comments