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, 2027; 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.
STATE OF NEW YORK
________________________________________________________________________
5558
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. JACKSON, TAPIA, SHIMSKY, DAVILA, ROZIC -- read
once and referred 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:
1 Section 1. The section heading of section 199-a of the agriculture and
2 markets law, as amended by chapter 797 of the laws of 1961, is amended
3 and a new subdivision 5 is added to read as follows:
4 Prohibition as to adulterated or misbranded food and certain food
5 additives and food color additives.
6 5. (a) Notwithstanding any other provision of law to the contrary, on
7 or after January first, two thousand twenty-seven, it shall be unlawful
8 for any person, firm, association, or corporation to manufacture,
9 compound, brew, distill, produce, process, sell, deliver, distribute,
10 hold, offer or expose for sale the substance as a food additive or food
11 color additive or any food or food product containing red dye 3.
12 (b) Within thirty days of the effective date of this subdivision, the
13 commissioner shall amend the exemption list maintained pursuant to
14 subdivision three of this section to indicate that in this state the
15 substance prohibited in this subdivision shall not be deemed to be safe
16 for human consumption on or after January first, two thousand twenty-
17 seven. In an action instituted by the commissioner under section two
18 hundred two-c of this article to enforce compliance with this subdivi-
19 sion or any rule or order promulgated pursuant to this subdivision, the
20 recognition by the federal food and drug administration of this
21 substance as safe may not be alleged as a defense.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05354-01-5
