S T A T E O F N E W Y O R K
________________________________________________________________________
1239--D
Cal. No. 1386
2025-2026 Regular Sessions
I N S E N A T E
January 8, 2025
___________
Introduced by Sens. KAVANAGH, SEPULVEDA, CLEARE, FAHY, FERNANDEZ, GONZA-
LEZ, HOYLMAN-SIGAL, JACKSON, MAY, MYRIE, OBERACKER, RHOADS, C. RYAN,
WEBER, WEIK -- 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 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the agriculture and markets law, in relation to enacting
the "food safety and chemical disclosure act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "food safety and chemical disclosure act".
§ 2. 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 INTENDED FOR HUMAN CONSUMPTION.
5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON
OR AFTER THE DATE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH 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 INTENDED FOR HUMAN
CONSUMPTION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01051-09-5
S. 1239--D 2
(I) FD&C RED NO. 3;
(II) POTASSIUM BROMATE; OR
(III) PROPYLPARABEN.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A RETAIL FOOD STORE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION FIVE HUNDRED OF THIS CHAPTER, A FOOD SERVICE ESTABLISHMENT AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED OF
THIS CHAPTER, A FOOD RELIEF ORGANIZATION AS DEFINED IN SUBDIVISION ONE
OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS CHAPTER, A SUPERMARKET, A
GROCERY STORE, A SPECIALTY FOOD STORE, A FARMER'S MARKET, OR ANY OTHER
VENDOR THAT, IN THE REGULAR COURSE OF BUSINESS, SELLS FOOD AT RETAIL
DIRECTLY TO THE PUBLIC ON PREMISES LOCATED IN THE STATE SHALL BE PERMIT-
TED TO SELL, DELIVER, DISTRIBUTE, HOLD, OFFER OR EXPOSE FOR SALE ANY
FOOD OR FOOD PRODUCT CONTAINING ANY OF THE SUBSTANCES LISTED IN PARA-
GRAPH (A) OF THIS SUBDIVISION UNTIL THE EXPIRATION DATE, "BEST BY" DATE,
OR "SELL BY" DATE PRINTED ON THE PACKAGING OF THE FOOD OR FOOD PRODUCT
BY THE MANUFACTURER OR PRODUCER, BUT NO LATER THAN THREE YEARS AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT SUCH FOOD OR FOOD PROD-
UCT WAS ACQUIRED FOR SALE WITHIN THE STATE BY SUCH RETAIL FOOD STORE,
FOOD SERVICE ESTABLISHMENT, FOOD RELIEF ORGANIZATION, SUPERMARKET,
GROCERY STORE, SPECIALTY FOOD STORE, FARMER'S MARKET, OR OTHER VENDOR
BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH.
(C) NO LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE EFFECTIVE DATE OF
PARAGRAPHS (A) AND (B) 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 THE THREE HUNDRED SIXTY-FIFTH DAY AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, AND TO FURTHER INDICATE THAT THE PROVISIONS OF PARAGRAPH
(B) OF THIS SUBDIVISION SHALL APPLY UNTIL THREE YEARS AFTER THE EFFEC-
TIVE DATE OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
§ 3. Section 198 of the agriculture and markets law is amended by
adding a new subdivision 7-a to read as follows:
7-A. FOR PURPOSES OF THIS SECTION, THE TERM "GENERALLY RECOGNIZED AS
SAFE SUBSTANCE" OR "GRAS SUBSTANCE" MEANS ANY SUBSTANCE ADDED TO FOOD
THAT IS EXEMPTED FROM THE DEFINITION OF "FOOD ADDITIVE" UNDER SUBDIVI-
SION SEVEN OF THIS SECTION BECAUSE IT IS GENERALLY RECOGNIZED, AMONG
EXPERTS QUALIFIED BY SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE ITS
SAFETY, AS HAVING BEEN ADEQUATELY SHOWN TO BE SAFE UNDER THE CONDITIONS
OF ITS INTENDED USE:
(A) EITHER THROUGH SCIENTIFIC PROCEDURES USING THE SAME QUANTITY AND
QUALITY OF SCIENTIFIC EVIDENCE AS IS REQUIRED TO OBTAIN APPROVAL OF THE
SUBSTANCE AS A FOOD ADDITIVE; OR
(B) FOR A SUBSTANCE USED IN FOOD PRIOR TO JANUARY FIRST, NINETEEN
HUNDRED FIFTY-EIGHT, THROUGH EXPERIENCE BASED ON COMMON USE IN FOOD.
§ 4. Subdivision 4 of section 199-a of the agriculture and markets
law, as amended by chapter 671 of the laws of 1966, is amended to read
as follows:
4. All data submitted to the commissioner in support of the FOOD OR
COLOR ADDITIVES report under this section shall be considered confiden-
tial by the commissioner and shall not be revealed to any person other
than to a person authorized by the commissioner in the performance of
[his] THEIR official duties under this article. In case of an actual
controversy as to the validity of an order or decision of the commis-
sioner respecting the test data or report in which a proceeding to
review has been instituted as authorized by section two hundred two-c of
S. 1239--D 3
this article the petition, data and report shall be transmitted by the
commissioner to the clerk of the court in which the review proceeding is
instituted, together with a record of the proceedings on which the
commissioner based [his] THE order or decision, and such transmittal
shall not be construed to be a violation of confidence. Subdivisions
two and three of this section shall not apply to food additives or color
additives which are safe within the meaning of the federal food, drug
and cosmetic act as amended.
§ 5. The agriculture and markets law is amended by adding a new
section 199-g to read as follows:
§ 199-G. REPORTING OF GRAS SUBSTANCES. 1. A. EXCEPT AS PROVIDED IN
SUBDIVISION TWO OR SUBDIVISION THREE OF THIS SECTION, UNLESS A REPORT
DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION HAS BEEN SUBMITTED TO THE
COMMISSIONER AND SUCH REPORT IS MADE AVAILABLE IN THE DATABASE DESCRIBED
IN SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTI-
CLE, AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT
SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO:
(I) SELL OR OFFER OR EXPOSE FOR SALE FOR USE IN OR ON FOOD, OR TO USE
IN THE MANUFACTURING, COMPOUNDING, BREWING, DISTILLING, PRODUCING, OR
PROCESSING OF ANY FOOD OR FOOD PRODUCT, ANY GRAS SUBSTANCE OR COMBINA-
TION OF GRAS SUBSTANCES;
(II) MAKE ANY NEW USE OF ANY GRAS SUBSTANCE OR COMBINATION OF GRAS
SUBSTANCES IN OR ON FOOD; OR
(III) SELL OR OFFER OR EXPOSE FOR SALE ANY FOOD OR FOOD PRODUCT
CONTAINING ANY GRAS SUBSTANCE OR COMBINATION OF GRAS SUBSTANCES.
B. THE REPORT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
(I) SIGNED STATEMENTS AND A CERTIFICATION, INCLUDING:
(1) THE DATE AND SIGNATURE OF A RESPONSIBLE OFFICIAL OF THE REPORTER
OR REPORTING ORGANIZATION;
(2) THE NAME AND ADDRESS OF THE REPORTER OR REPORTING ORGANIZATION;
(3) THE NAME OF ANY GRAS SUBSTANCES DISCUSSED IN THE REPORT, USING AN
APPROPRIATELY DESCRIPTIVE TERM;
(4) INTENDED CONDITIONS FOR THE USE OF ANY GRAS SUBSTANCE DISCUSSED IN
THE REPORT, INCLUDING THE FOODS IN WHICH THE SUBSTANCE WILL BE USED, THE
LEVELS OF SUCH USE IN SUCH FOODS, AND THE PURPOSES FOR WHICH THE
SUBSTANCE WILL BE USED, INCLUDING, WHEN APPROPRIATE, A DESCRIPTION OF
ANY SUBPOPULATION EXPECTED TO CONSUME SUCH GRAS SUBSTANCE OR SUBSTANCES;
(5) THE STATUTORY BASIS FOR THE CONCLUSION OF GRAS STATUS;
(6) A STATEMENT THAT THE REPORTED SUBSTANCE IS NOT SUBJECT TO THE
PREMARKET APPROVAL REQUIREMENTS OF THE FEDERAL FOOD, DRUG, AND COSMETIC
ACT BASED ON THE CONCLUSION THAT THE NOTIFIED SUBSTANCE IS GRAS UNDER
THE CONDITIONS OF ITS INTENDED USE;
(7) A STATEMENT THAT, IF ASKED TO SEE THE DATA AND INFORMATION THAT
ARE THE BASIS FOR THE GRAS CONCLUSION, THE REPORTER WILL AGREE TO:
(A) MAKE THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER; AND
(B) UPON THE COMMISSIONER'S REQUEST, BOTH OF THE FOLLOWING PROCEDURES
FOR MAKING THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER:
(I) ALLOW THE COMMISSIONER TO REVIEW AND COPY THE DATA AND INFORMATION
DURING CUSTOMARY BUSINESS HOURS AT THE ADDRESS SPECIFIED FOR WHERE THESE
DATA AND INFORMATION WILL BE AVAILABLE; AND
(II) PROVIDE A COMPLETE COPY OF THE DATA AND INFORMATION EITHER IN AN
ELECTRONIC FORMAT OR ON PAPER;
(8) VIEWS AS TO WHETHER ANY OF THE DATA AND INFORMATION IN THE GRAS
REPORT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW;
S. 1239--D 4
(9) CERTIFICATIONS THAT, TO THE BEST OF THE REPORTER'S KNOWLEDGE, THE
GRAS REPORT IS A COMPLETE, REPRESENTATIVE, AND BALANCED SUBMISSION THAT
INCLUDES BOTH UNFAVORABLE AND FAVORABLE INFORMATION KNOWN TO THE REPOR-
TER AND PERTINENT TO THE EVALUATION OF THE SAFETY AND GRAS STATUS OF THE
USE OF THE SUBSTANCE; AND
(10) THE NAME AND POSITION OR TITLE OF THE PERSON WHO SIGNS THE GRAS
REPORT.
(II) THE IDENTITY, METHOD OF MANUFACTURE, SPECIFICATIONS, AND PHYSICAL
OR TECHNICAL EFFECT OF THE NOTIFIED SUBSTANCE, INCLUDING:
(1) SCIENTIFIC DATA AND INFORMATION THAT IDENTIFIES THE GRAS
SUBSTANCE, INCLUDING:
(A) EXAMPLES OF APPROPRIATE DATA AND INFORMATION INCLUDING THE CHEMI-
CAL NAME, APPLICABLE REGISTRY NUMBERS (SUCH AS A CHEMICAL ABSTRACTS
SERVICE (CAS) REGISTRY NUMBER OR AN ENZYME COMMISSION (EC) NUMBER),
EMPIRICAL FORMULA, STRUCTURAL FORMULA, QUANTITATIVE COMPOSITION, AND
CHARACTERISTIC PROPERTIES; AND
(B) WHEN THE SOURCE OF A NOTIFIED SUBSTANCE IS A BIOLOGICAL MATERIAL,
DATA AND INFORMATION SUFFICIENT TO IDENTIFY:
(I) THE TAXONOMIC SOURCE (E.G., GENUS, SPECIES) OF THE GRAS SUBSTANCE,
INCLUDING, AS APPLICABLE, DATA AND INFORMATION AT THE SUB-SPECIES LEVEL
(E.G., VARIETY, STRAIN);
(II) THE PART OF ANY PLANT OR ANIMAL USED AS THE SOURCE OF THE GRAS
SUBSTANCE; AND
(III) ANY KNOWN TOXICANTS THAT COULD BE IN THE SOURCE OF THE GRAS
SUBSTANCE;
(2) A DESCRIPTION OF THE METHOD OF MANUFACTURE OF THE GRAS SUBSTANCE
IN SUFFICIENT DETAIL TO EVALUATE THE SAFETY OF THE NOTIFIED SUBSTANCE AS
MANUFACTURED;
(3) SPECIFICATIONS FOR FOOD-GRADE MATERIAL; AND
(4) WHEN NECESSARY TO DEMONSTRATE SAFETY, RELEVANT DATA AND INFORMA-
TION BEARING ON THE PHYSICAL OR OTHER TECHNICAL EFFECT THE GRAS
SUBSTANCE IS INTENDED TO PRODUCE, INCLUDING THE QUANTITY OF THE GRAS
SUBSTANCE REQUIRED TO PRODUCE SUCH EFFECT.
(III) DIETARY EXPOSURE TO THE NOTIFIED SUBSTANCE, INCLUDING INFORMA-
TION ABOUT DIETARY EXPOSURE (I.E., THE AMOUNT OF RELEVANT SUBSTANCES
THAT CONSUMERS ARE LIKELY TO EAT OR DRINK AS PART OF A TOTAL DIET),
INCLUDING:
(1) AN ESTIMATE OF DIETARY EXPOSURE TO THE NOTIFIED SUBSTANCE THAT
INCLUDES EXPOSURE FROM ITS INTENDED USE AND ALL SOURCES IN THE DIET;
(2) WHEN APPLICABLE, AN ESTIMATE OF DIETARY EXPOSURE TO ANY OTHER
SUBSTANCE THAT IS EXPECTED TO BE FORMED IN OR ON FOOD BECAUSE OF THE USE
OF THE NOTIFIED SUBSTANCE (E.G., HYDROLYTIC PRODUCTS OR REACTION
PRODUCTS);
(3) WHEN APPLICABLE, AN ESTIMATE OF DIETARY EXPOSURE TO ANY OTHER
SUBSTANCE THAT IS PRESENT WITH THE NOTIFIED SUBSTANCE EITHER NATURALLY
OR DUE TO ITS MANUFACTURE (E.G., CONTAMINANTS OR BY-PRODUCTS);
(4) SOURCES OF ANY FOOD CONSUMPTION DATA USED TO ESTIMATE DIETARY
EXPOSURE, IN ACCORDANCE WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARA-
GRAPH; AND
(5) ANY ASSUMPTIONS MADE TO ESTIMATE DIETARY EXPOSURE, IN ACCORDANCE
WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARAGRAPH.
(IV) SELF-LIMITING LEVELS OF USE IN CIRCUMSTANCES WHERE THE AMOUNT OF
THE NOTIFIED SUBSTANCE THAT CAN BE ADDED TO HUMAN FOOD OR ANIMAL FOOD IS
LIMITED BECAUSE THE FOOD CONTAINING LEVELS OF THE NOTIFIED SUBSTANCE
ABOVE A PARTICULAR LEVEL WOULD BECOME UNPALATABLE OR TECHNOLOGICALLY
IMPRACTICAL.
S. 1239--D 5
(V) IF THE STATUTORY BASIS FOR GRAS STATUS IS THROUGH EXPERIENCE BASED
ON COMMON USE IN FOOD, EVIDENCE OF A SUBSTANTIAL HISTORY OF CONSUMPTION
OF THE NOTIFIED SUBSTANCE FOR FOOD USE BY A SIGNIFICANT NUMBER OF
CONSUMERS PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT.
(VI) A NARRATIVE THAT PROVIDES THE BASIS FOR THE CONCLUSION OF GRAS
STATUS, INCLUDING:
(1) AN EXPLANATION FOR WHY THE DATA AND INFORMATION IN THE REPORT
PROVIDE A BASIS FOR THAT THE NOTIFIED SUBSTANCE IS SAFE UNDER THE CONDI-
TIONS OF ITS INTENDED USE. SUCH EXPLANATION SHALL ADDRESS THE SAFETY OF
THE NOTIFIED SUBSTANCE, CONSIDERING ALL DIETARY SOURCES AND TAKING INTO
ACCOUNT ANY CHEMICALLY OR PHARMACOLOGICALLY RELATED SUBSTANCES IN SUCH
DIET, AND IDENTIFY WHAT SPECIFIC DATA AND INFORMATION DISCUSSED IN
ACCORDANCE WITH THIS CLAUSE ARE GENERALLY AVAILABLE AND NOT GENERALLY
AVAILABLE, BY PROVIDING CITATIONS TO THE LIST OF DATA AND INFORMATION
REQUIRED IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
(2) AN EXPLANATION OF HOW THE GENERALLY AVAILABLE DATA AND INFORMATION
RELIED ON TO ESTABLISH SAFETY IN ACCORDANCE WITH CLAUSE ONE OF THIS
SUBPARAGRAPH PROVIDES A BASIS FOR THE CONCLUSION THAT THE REPORTED
SUBSTANCE IS GENERALLY RECOGNIZED, AMONG QUALIFIED EXPERTS, TO BE SAFE
UNDER THE CONDITIONS OF ITS INTENDED USE;
(3) EITHER:
(A) DATA AND INFORMATION THAT ARE, OR MAY APPEAR TO BE, INCONSISTENT
WITH THE CONCLUSION OF GRAS STATUS; OR
(B) A STATEMENT THAT THE AVAILABLE DATA AND INFORMATION WAS REVIEWED
AND THE REPORTER IS NOT AWARE OF ANY DATA AND INFORMATION THAT ARE, OR
MAY APPEAR TO BE, INCONSISTENT WITH THE CONCLUSION OF GRAS STATUS;
(4) IF ANY DATA AND INFORMATION IN THE REPORT IS EXEMPT FROM DISCLO-
SURE UNDER THE FREEDOM OF INFORMATION LAW, A STATEMENT THAT IDENTIFIES
SUCH DATA AND INFORMATION; AND
(5) FOR NON-PUBLIC, SAFETY-RELATED DATA AND INFORMATION CONSIDERED IN
REACHING A CONCLUSION OF GRAS STATUS, AN EXPLANATION OF HOW THERE COULD
BE A BASIS FOR A CONCLUSION OF GRAS STATUS IF QUALIFIED EXPERTS DO NOT
HAVE ACCESS TO SUCH DATA AND INFORMATION.
(VII) A LIST OF THE GENERALLY AVAILABLE DATA, INFORMATION, AND METHODS
THE NOTIFIER CITES IN THE GRAS NOTICE, INCLUDING:
(1) A LIST OF ALL OF THE DATA AND INFORMATION REQUIRED BY SUBPARAGRAPH
(VI) OF THIS PARAGRAPH TO PROVIDE A BASIS FOR DETERMINING THAT THE NOTI-
FIED SUBSTANCE IS SAFE UNDER THE CONDITIONS OF ITS INTENDED USE, AS
DESCRIBED IN ACCORDANCE WITH CLAUSE ONE OF SUBPARAGRAPH (VI) OF THIS
PARAGRAPH; AND
(2) IDENTIFICATION OF SPECIFIC DATA AND INFORMATION LISTED IN ACCORD-
ANCE WITH CLAUSE ONE OF THIS SUBPARAGRAPH THAT ARE GENERALLY AVAILABLE
AND NOT GENERALLY AVAILABLE.
(VIII) ANY PREVIOUS GRAS SUBSTANCE NOTICES SUBMITTED TO THE FEDERAL
FOOD AND DRUG ADMINISTRATION ON THE REPORTED SUBSTANCE AND THE FEDERAL
FOOD AND DRUG ADMINISTRATION'S RESPONSES.
(IX) ALL RELEVANT CURRENTLY AVAILABLE SAFETY INFORMATION.
C. A REPORT THAT INCLUDES THE INFORMATION SPECIFIED IN PARAGRAPH B OF
THIS SUBDIVISION AND HAS BEEN SUBMITTED TO THE COMMISSIONER AND MADE
AVAILABLE IN THE DATABASE DESCRIBED IN SUBDIVISION FIVE OF SECTION ONE
HUNDRED NINETY-NINE-B OF THIS ARTICLE, SHALL BE APPLICABLE TO SUBSEQUENT
USES OF A GRAS SUBSTANCE THAT IS THE SUBJECT OF SUCH REPORT THAT IS TO
BE USED UNDER THE SAME CONDITIONS OF INTENDED USE, REGARDLESS OF WHO
SUBMITTED SUCH REPORT.
2. THE FOLLOWING SUBSTANCES ARE EXEMPT FROM THE REPORTING REQUIREMENTS
OF SUBDIVISION ONE OF THIS SECTION:
S. 1239--D 6
A. ANY GRAS SUBSTANCE FOR WHICH THE FEDERAL FOOD AND DRUG ADMINIS-
TRATION HAS RECEIVED A GRAS NOTICE AND ISSUED A LETTER STATING THAT THE
FEDERAL FOOD AND DRUG ADMINISTRATION HAS NO QUESTIONS REGARDING THE
CONCLUSION THAT THE SUBSTANCE IS GENERALLY RECOGNIZED AS SAFE UNDER ITS
INTENDED CONDITIONS OF USE;
B. ANY SUBSTANCES RECOGNIZED IN FEDERAL REGULATIONS AS PRIOR SANC-
TIONED OR GRAS SUBSTANCES FOR USE IN FOOD OR FOOD PACKAGING;
C. ANY FOOD CONTACT SUBSTANCE FOR WHICH THERE IS AN EFFECTIVE PREMAR-
KET NOTIFICATION DEMONSTRATING SAFETY FOR ITS INTENDED USE;
D. ANY SUBSTANCES SUBJECT TO REGULATION APPROVING ITS INTENDED USE FOR
FOOD;
E. A FOOD INGREDIENT THAT HAS BEEN WIDELY CONSUMED IN THE UNITED
STATES PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT WITHOUT
KNOWN DETRIMENTAL EFFECTS, WHICH IS SUBJECT ONLY TO CONVENTIONAL PROC-
ESSING AS PRACTICED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-
EIGHT, AND FOR WHICH NO KNOWN SAFETY HAZARD EXISTS;
F. ANY SUBSTANCE FOR WHICH THE FEDERAL FOOD AND DRUG ADMINISTRATION
HAS RECEIVED A NEW DIETARY INGREDIENT NOTIFICATION AND ISSUED A LETTER
OF ACKNOWLEDGEMENT WITHOUT OBJECTION THAT THE SUBSTANCE IS SAFE UNDER
ITS NOTIFICATION'S INTENDED CONDITIONS OF USE; AND
G. ANY SUBSTANCE DETERMINED SAFE TO BE ADDED TO FOODS BY THE COMMIS-
SIONER THROUGH RULEMAKING.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A RETAIL FOOD STORE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FIVE HUNDRED OF THIS CHAPTER, A FOOD SERVICE ESTABLISHMENT AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED OF
THIS CHAPTER, OR A FOOD RELIEF ORGANIZATION AS DEFINED IN SECTION FOUR
HUNDRED FIFTY-ONE OF THIS CHAPTER, A SUPERMARKET, A GROCERY STORE, A
SPECIALTY FOOD STORE, A FARMER'S MARKET, OR ANY OTHER VENDOR THAT, IN
THE REGULAR COURSE OF BUSINESS, SELLS FOOD AT RETAIL DIRECTLY TO THE
PUBLIC ON PREMISES LOCATED IN THE STATE SHALL BE PERMITTED TO SELL,
DELIVER, DISTRIBUTE, HOLD, OFFER OR EXPOSE FOR SALE ANY FOOD OR FOOD
PRODUCT THE SALE OF WHICH WOULD OTHERWISE BE PROHIBITED BY THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, UNTIL THE EXPIRATION
DATE, "BEST BY" DATE, OR "SELL BY" DATE PRINTED ON THE PACKAGING OF THE
FOOD OR FOOD PRODUCT BY THE MANUFACTURER OR PRODUCER, BUT NO LATER THAN
THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. THIS SUBDIVI-
SION SHALL NOT AFFECT THE APPLICABILITY OF ANY PROVISION OF LAW OTHER
THAN SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH FOOD OR FOOD
PRODUCT WAS ACQUIRED FOR SALE WITHIN THE STATE BY SUCH RETAIL FOOD
STORE, FOOD SERVICE ESTABLISHMENT, FOOD RELIEF ORGANIZATION, SUPERMAR-
KET, GROCERY STORE, SPECIALTY FOOD STORE, FARMER'S MARKET, OR OTHER
VENDOR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
4. A SMALL BUSINESS, DEFINED AS A BUSINESS THAT IS RESIDENT IN THIS
STATE, IS INDEPENDENTLY OWNED AND OPERATED, AND EMPLOYS ONE HUNDRED OR
FEWER PERSONS, SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
5. DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL BE BASED
ON PUBLICLY AVAILABLE INFORMATION AND SHALL NOT BE BASED ON TRADE
SECRETS.
6. NOTHING IN THIS SECTION SHALL IMPOSE ANY REQUIREMENT REGARDING FOOD
LABELLING NOT OTHERWISE REQUIRED BY LAW.
§ 6. Section 199-b of the agriculture and markets law is amended by
adding a new subdivision 5 to read as follows:
5. THE COMMISSIONER:
S. 1239--D 7
A. SHALL MAKE REPORTS SUBMITTED PURSUANT TO SECTION ONE HUNDRED NINE-
TY-NINE-G OF THIS ARTICLE AVAILABLE TO THE PUBLIC IN A DATABASE ON ITS
WEBSITE. THE DATABASE SHALL:
(I) BE SEARCHABLE BY MEMBERS OF THE PUBLIC;
(II) ENABLE CONSUMERS TO DOWNLOAD AND PRINT DISPLAYED INFORMATION; AND
(III) ACCOMMODATE REASONABLY ANTICIPATED AND ACTUAL PUBLIC USE.
B. SHALL REDACT FROM THE PUBLIC REPORT ANY INFORMATION THAT HAS BEEN
DESIGNATED BY THE SUBMITTER AS A TRADE SECRET, PROVIDED, HOWEVER, THAT
DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL NOT BE REDACT-
ED;
C. SHALL UPDATE THE DATABASE WITH ANY NEW INFORMATION THAT THE COMMIS-
SIONER RECEIVES RELATING TO THE SAFETY OF THE GRAS SUBSTANCE;
D. MAY REFUSE TO LIST A GRAS SUBSTANCE IF THE COMMISSIONER DETERMINES
THE REPORT DOES NOT CONTAIN THE INFORMATION REQUIRED BY SECTION ONE
HUNDRED NINETY-NINE-G OF THIS ARTICLE;
E. SHALL PROVIDE AN INTERIM PROGRESS REPORT CONCERNING EFFORTS TO
DEVELOP AND IMPLEMENT THE DATABASE SYSTEM REQUIRED BY THIS SUBDIVISION,
WHICH SHALL INCLUDE:
(I) A PROJECTED COMPLETION DATE;
(II) A DESCRIPTION OF OBSTACLES TO DEVELOPMENT AND IMPLEMENTATION OF
THE DATABASE SYSTEM; AND
(III) AN ESTIMATE OF THE COSTS TO COMPLETE THE IMPLEMENTATION OF THE
DATABASE SYSTEM; AND
F. MAY CHARGE A FEE TO THE REPORTER OF A GRAS SUBSTANCE IN ORDER TO
RECOVER THE COSTS INCURRED IN LISTING SUCH GRAS SUBSTANCE AND MAINTAIN-
ING THE DATABASE.
§ 7. The second undesignated paragraph of section 202-c of the agri-
culture and markets law, as amended by chapter 671 of the laws of 1966,
is amended to read as follows:
The commissioner may institute such action at law or in equity as may
appear necessary to enforce compliance with sections one hundred nine-
ty-nine-a, ONE HUNDRED NINETY-NINE-G, two hundred and two hundred one of
this article, and any rule or order respecting a GRAS SUBSTANCE, food
additive, or color additive promulgated pursuant to sections one hundred
ninety-nine-b and two hundred fourteen-b of this article and, in addi-
tion to any other remedy under this chapter or otherwise, may apply for
relief by injunction to protect the public interest without being
compelled to allege or prove that an adequate remedy at law does not
exist. In an action instituted by the commissioner to enforce compliance
with said sections one hundred ninety-nine-a, two hundred and two
hundred one the commissioner shall not be required to prove that the
food, food additive or color additive mentioned in the complaint is
unsafe and the claim or defense of the defendant as to its safety shall
be immaterial, provided, however, that the recognition by the federal
food and drug administration of a food additive or color additive as
safe may be alleged as a proper defense.
§ 8. 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 markets on or
before such effective date.
