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Senate Bill S8822

2023-2024 Legislative Session

Prohibits the use of red dye 3 as a food additive or food color additive and the sale of food products containing red dye 3

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2023-S8822 (ACTIVE) - Details

See Assembly Version of this Bill:
A9293
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:
A5558

2023-S8822 (ACTIVE) - Summary

Prohibits the use of red dye 3 as a food additive or food color additive and the sale of food products containing red dye 3 beginning January 1, 2026; 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-S8822 (ACTIVE) - Sponsor Memo

2023-S8822 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8822
 
                             I N  S E N A T E
 
                              March 15, 2024
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the use of red dye 3 as a food additive or food  color  additive
   and the sale of food products containing red dye 3
 
   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-SIX, 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 THE SUBSTANCE AS A FOOD ADDITIVE OR  FOOD
 COLOR ADDITIVE OR ANY FOOD OR FOOD PRODUCT CONTAINING RED DYE 3.
   (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
 SUBSTANCE PROHIBITED IN THIS SUBDIVISION SHALL NOT BE DEEMED TO BE  SAFE
 FOR  HUMAN  CONSUMPTION  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 SIX. 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  THIS
 SUBSTANCE 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.
                                                            LBD14107-01-4

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