New York 2025-2026 Regular Session

New York Assembly Bill A05558

Introduced
2/14/25  
Refer
2/14/25  

Caption

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.

Summary

Bill A05558 seeks to amend the agriculture and markets law in New York by prohibiting the use of red dye 3 as a food additive or color additive, as well as the sale of any food products containing this substance. The prohibition is set to take effect on January 1, 2027. The bill mandates that within thirty days of its enactment, the commissioner must update the exemption list to reflect that red dye 3 is not considered safe for human consumption in the state. Additionally, the bill stipulates that in any enforcement action regarding compliance, the FDA's recognition of red dye 3 as safe cannot be used as a defense.

Impact

If enacted, this bill will significantly alter the landscape of food additives in New York, specifically targeting red dye 3, which has been a controversial ingredient due to health concerns. The prohibition will affect manufacturers, distributors, and retailers, compelling them to reformulate products or remove them from the market entirely. This change aligns state law with growing public health advocacy against certain food additives, potentially influencing similar legislative actions in other states.

Sentiment

The sentiment surrounding Bill A05558 appears to be cautiously supportive, with discussions indicating a growing concern over food safety and consumer health. While there is recognition of the potential economic impact on food manufacturers, advocates emphasize the importance of public health and safety, suggesting a favorable view among health-conscious constituents.

Contention

Notable points of contention include the economic implications for food manufacturers who may face increased costs associated with reformulating products. Some stakeholders argue that the bill may unnecessarily restrict consumer choice and raise prices, while proponents assert that the health risks associated with red dye 3 justify the prohibition. The debate reflects a broader tension between public health advocacy and industry interests.

Companion Bills

No companion bills found.

Previously Filed As

NY S01239

Enacts the "food safety and chemical disclosure act"; 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; establishes requirements for the reporting of GRAS (generally recognized as safe) substances.

NY A01556

Enacts the "food safety and chemical disclosure act"; 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; establishes requirements for the reporting of GRAS (generally recognized as safe) substances.

NY SB00437

An Act Prohibiting The Sale Of Food Products Containing Certain Food Additives.

NY SB00147

An Act Prohibiting The Manufacture, Distribution, Delivery Or Sale Of Foods Containing Certain Additives.

NY H3959

Promoting food safety by prohibiting harmful additives in food products

NY S0560

Chemical Additives in Food Products

NY HB0402

Foods Additives in Schools

NY SB466

Defining drugs as adulterated when they contain specified food dyes and additives

NY SB00968

An Act Prohibiting Commercial Activities Involving Food Products That Contain Certain Food Additives.

NY H0641

Food Additives

Similar Bills

No similar bills found.